Notice of Availability of a Deepwater Horizon, 60126-60129 [2015-24913]
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60126
Federal Register / Vol. 80, No. 192 / Monday, October 5, 2015 / Notices
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three salmon and steelhead species: The
California Coastal (CC) Chinook salmon
ESU, and the Northern California (NC)
and Central California Coast (CCC)
steelhead DPSs. Between 1997 and
2000, NMFS listed the CCC steelhead
DPS (62 FR 43937; August 18, 1997), the
CC Chinook salmon ESU (64 FR 50394;
September 16, 1999), and the NC
steelhead DPS (65 FR 36074; June 7,
2000), as threatened under the ESA due
to the precipitous and ongoing declines
in their populations.
Our goal is to restore the threatened
CC Chinook salmon, and NC and CCC
steelhead to the point where they are
self-sustaining populations within their
ecosystems and no longer need the
protections of the ESA.
A series of public workshops will be
held to help inform interested parties on
the Public Draft Recovery Plan. Written
comments will be accepted at the
workshops. These include:
• UKIAH—October 14, 2015, UC
Cooperative Extension Mendocino, 890
N. Bush Street, Ukiah, CA 95482, from
6–8 p.m.
• ARCATA—October 15, 2015,
Humboldt Area Foundation, 363
Indianola Road, Bayside, CA 95524,
from 6–8 p.m.
• SANTA CRUZ—October 20, 2015,
Southwest Fisheries Science Center, 110
Shaffer Road, Santa Cruz, CA 95060,
from 3–5 p.m.
• OAKLAND—November 3, 2015
Elihu M Harris State Building, 1515
Clay St., Oakland, CA 94612, from 1–3
p.m.
• SANTA ROSA—November 5 2015,
Sonoma County Water Agency, 404
Aviation Blvd., Santa Rosa, CA 95403
from 1–3 p.m.
The Public Draft Recovery Plan
The ESA requires recovery plans
incorporate, to the maximum extent
practicable: (1) Objective, measurable
criteria which, when met, would result
in a determination that the species is no
longer threatened or endangered; (2)
site-specific management actions
necessary to achieve the plan’s goal for
the conservation and survival of the
species; and (3) estimates of the time
required and costs to implement
recovery actions.
The Public Draft Recovery Plan
provides background on the natural
history, population trends and the
potential threats to the viability of CC
Chinook salmon, and NC and CCC
steelhead. The Public Draft Recovery
Plan lays out a recovery strategy to
address conditions and threats based on
the best available science and
incorporates objective, measurable
criteria for recovery. The Public Draft
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Recovery Plan is not regulatory, but
presents guidance for use by agencies
and interested parties to assist in the
recovery of CC Chinook salmon, and NC
and CCC steelhead. The Public Draft
Recovery Plan identifies actions needed
to achieve recovery by improving
population and habitat conditions and
addressing threats to the species; links
management actions to a research and
monitoring program intended to fill data
gaps and assess effectiveness of actions;
incorporates an adaptive management
framework by which management
actions and other elements may evolve
as we gain information through research
and monitoring; and describes agency
guidance on time lines for reviews of
the status of species and recovery plans.
To address threats related to the species,
the Public Draft Recovery Plan
references many of the significant efforts
already underway to restore salmon and
steelhead access to high quality habitat
and to improve habitat previously
degraded.
Recovery of CC Chinook salmon, and
NC and CCC steelhead will require a
long-term effort in cooperation and
coordination with Federal, state, tribal
and local government agencies, and the
community. Consistent with the
Recovery Plan, we will implement
relevant actions for which we have
authority, work cooperatively on
implementation of other actions, and
encourage other Federal and state
agencies to implement recovery actions
for which they have responsibility and
authority.
In compliance with the requirements
of the ESA section 4(f), NMFS is
providing public notice and an
opportunity to review and comment on
the Public Draft Recovery Plan for CC
Chinook salmon, and NC and CCC
steelhead prior to its final approval.
Authority: 16 U.S.C. 1531 et seq.
Dated: September 30, 2015.
Angela Somma,
Chief, Endangered Species Conservation
Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2015–25203 Filed 10–2–15; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XE201
Notice of Availability of a Deepwater
Horizon Oil Spill; Draft Programmatic
Damage Assessment and Restoration
Plan (PDARP) and Draft Programmatic
Environmental Impact Statement
(PEIS)
National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability of a Draft
Programmatic Damage Assessment and
Restoration Plan and Draft
Programmatic Environmental Impact
Statement; request for comments.
AGENCY:
In accordance with the Oil
Pollution Act of 1990 (OPA) and the
National Environmental Policy Act
(NEPA), the Deepwater Horizon Federal
and State natural resource trustee
agencies (Trustees) have prepared a
Draft Programmatic Damage Assessment
and Restoration Plan and Draft
Programmatic Environmental Impact
Statement (Draft PDARP/PEIS). As
required by OPA, in this Draft PDARP/
PEIS, the Deepwater Horizon Trustees
present the assessment of impacts of the
Deepwater Horizon oil spill on natural
resources in the Gulf of Mexico and on
the services those resources provide,
and determine the restoration needed to
compensate the public for these
impacts. The Draft PDARP/PEIS
describes the Trustees’ programmatic
alternatives considered to restore
natural resources, ecological services,
and recreational use services injured or
lost as a result of the Deepwater Horizon
oil spill. The Trustees evaluate these
alternatives under criteria set forth in
the OPA natural resource damage
assessment regulations, and also
evaluate the environmental
consequences of the restoration
alternatives in accordance with NEPA.
The purpose of this notice is to inform
the public of the availability of the Draft
PDARP/PEIS and to seek public
comments on the document.
DATES: The Trustees will consider
public comments received on or before
December 4, 2015.
Public Meetings: The Trustees will
host a series of public meetings to
facilitate public review and comment on
the Draft PDARP/PEIS. Both written and
verbal public comments will be taken at
each public meeting. The Trustees will
hold an open house for each meeting
followed by a formal meeting. Each
public meeting will include a
SUMMARY:
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Federal Register / Vol. 80, No. 192 / Monday, October 5, 2015 / Notices
presentation of the Draft PDARP/PEIS.
Public meetings will be held between
October 19th and November 18th. The
full public meeting schedule is listed in
the SUPPLEMENTARY INFORMATION section.
ADDRESSES: Obtaining Documents: You
may download the Draft PDARP/PEIS at
https://www.gulfspillrestoration.
noaa.gov. Alternatively, you may
request a CD of the Draft PDARP/PEIS
(see FOR FURTHER INFORMATION CONTACT).
You may also view the document at any
of the public facilities listed at https://
www.gulfspillrestoration.noaa.gov. The
Draft PDARP/PEIS also will be available
for download at https://www.justice.gov/
enrd/deepwater-horizon.
Submitting Comments: You may
submit comments on the Draft PDARP/
PEIS by one of following methods:
• Via the Web: https://www.gulfspill
restoration.noaa.gov and
• U.S. Mail: U.S. Fish and Wildlife
Service, P.O. Box 49567, Atlanta, GA
30345. Please note that mailed
comments must be received on or before
the comment deadline of December 4,
2015 to be considered.
FOR FURTHER INFORMATION CONTACT:
Courtney Groeneveld at gulfspill.
restoration@noaa.gov.
SUPPLEMENTARY INFORMATION:
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Introduction
On April 20, 2010, the Deepwater
Horizon mobile drilling unit exploded,
caught fire, and eventually sank in the
Gulf of Mexico, resulting in a massive
release of oil and other substances from
BP’s Macondo well. Tragically, 11
workers were killed and 17 injured by
the explosion and fire. Initial efforts to
cap the well following the explosion
were unsuccessful, and for 87 days after
the explosion, the well continuously
and uncontrollably discharged oil and
natural gas into the northern Gulf of
Mexico. Approximately 3.19 million
barrels (134 million gallons) of oil were
released into the ocean, by far the
largest offshore oil spill in the history of
the United States.
Oil spread from the deep ocean to the
surface and nearshore environment,
from Texas to Florida. The oil came into
contact with and injured natural
resources as diverse as deep-sea coral,
fish and shellfish, productive wetland
habitats, sandy beaches, birds,
endangered sea turtles, and protected
marine life. The oil spill prevented
people from fishing, going to the beach,
and enjoying their typical recreational
activities along the Gulf. Extensive
response actions, including, use of
dispersants, cleanup activities, and
actions to try to prevent the oil from
reaching sensitive resources, were
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undertaken to try to reduce harm to
people and the environment. However,
many of these response actions had
collateral impacts on the environment.
The oil and other substances released
from the well in combination with the
extensive response actions together
make up the Deepwater Horizon
incident.
The Trustees are conducting the
natural resource damage assessment for
the Deepwater Horizon incident under
the Oil Pollution Act 1990 (OPA; 33
U.S.C. 2701 et seq.). Pursuant to OPA,
Federal and State agencies act as
trustees on behalf of the public to assess
natural resource injuries and losses and
to determine the actions required to
compensate the public for those injuries
and losses. OPA further instructs the
designated trustees to develop and
implement a plan for the restoration,
rehabilitation, replacement, or
acquisition of the equivalent of the
injured natural resources under their
trusteeship, including the loss of use of
those resources and the loss of services
they provide from the time of injury
until the time of restoration to baseline
(the resource quality and conditions that
would exist if the spill had not
occurred) is complete.
The Trustees 1 are as follows:
• National Oceanic and Atmospheric
Administration (NOAA), on behalf of
the U.S. Department of Commerce;
• U.S. Department of the Interior
(DOI), as represented by the National
Park Service, U.S. Fish and Wildlife
Service, and Bureau of Land
Management;
• U.S. Department of Agriculture
(USDA);
• U.S. Environmental Protection
Agency (USEPA);
• State of Louisiana Coastal
Protection and Restoration Authority,
Oil Spill Coordinator’s Office,
Department of Environmental Quality,
Department of Wildlife and Fisheries,
and Department of Natural Resources;
• State of Mississippi Department of
Environmental Quality;
• State of Alabama Department of
Conservation and Natural Resources and
Geological Survey of Alabama;
• State of Florida Department of
Environmental Protection and Fish and
Wildlife Conservation Commission; and
• For the State of Texas: Texas Parks
and Wildlife Department, Texas General
Land Office, and Texas Commission on
Environmental Quality.
1 Although a trustee under OPA by virtue of the
proximity of its facilities to the Deepwater Horizon
oil spill, the U.S. Department of Defense (DOD) is
not a member of the Trustee Council and did not
participate in development of this Draft PDARP/
PEIS.
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Background
On February 17, 2011, the Trustees
initiated a 90-day formal scoping and
public comment period for this Draft
PDARP/PEIS (76 FR 9327) through a
Notice of Intent (NOI) to Begin
Restoration Scoping and Prepare a Gulf
Spill Restoration Planning PEIS. The
Trustees conducted the scoping in
accordance with OPA (15 CFR
990.14(d)), NEPA (40 CFR 1501.7), and
State authorities. That NOI requested
public input to identify and evaluate a
range of restoration types that could be
used to fully compensate the public for
the environmental and recreational use
damages caused by the spill, as well as
develop procedures to select and
implement restoration projects that will
compensate the public for the natural
resource damages caused by the spill.
As part of the scoping process, the
Trustees hosted public meetings across
all the Gulf States during Spring 2011.
Overview of the Draft PDARP/PEIS
The Draft PDARP/PEIS is being
released in accordance with the OPA,
the Natural Resources Damage
Assessment (NRDA) regulations found
in the Code of Federal Regulations
(CFR) at 15 CFR part 990, and the
National Environmental Policy Act
(NEPA) (42 U.S.C. 4321 et seq.).
In the Draft PDARP/PEIS, the
Deepwater Horizon Trustees present to
the public their findings on the
extensive injuries to multiple habitats,
biological species, ecological functions,
and geographic regions across the
northern Gulf of Mexico that occurred
as a result of the Deepwater Horizon
incident, as well as their programmatic
plan for restoring those resources and
the services they provide. The Draft
PDARP/PEIS proposes four
programmatic alternatives evaluated in
accordance with OPA and NEPA. The
Deepwater Horizon Trustees decided to
fulfill NEPA requirements by
conducting a PEIS that evaluates broad
(as opposed to project-specific)
restoration alternatives. As the Draft
PDARP/PEIS shows, the injuries caused
by the Deepwater Horizon incident
cannot be fully described at the level of
a single species, a single habitat type, or
a single region. Rather, the injuries
affected such a wide array of linked
resources over such an enormous area
that the effects of the Deepwater
Horizon incident constitute an
ecosystem-level injury. Consequently,
the Trustees’ preferred alternative for a
restoration plan employs a
comprehensive, integrated ecosystem
approach to best address these
ecosystem-level injuries. The Trustees’
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evaluation determines this alternative is
best, among several other alternatives, at
compensating the public for the losses
to natural resources and services caused
by the Deepwater Horizon incident.
The four alternatives under the Draft
PDARP/PEIS are as follows:
• Alternative A (Preferred
Alternative): Comprehensive Integrated
Ecosystem Restoration Plan based on
the programmatic Trustee goals;
• Alternative B: Resource-Specific
Restoration Plan based on the
programmatic Trustee goals;
• Alternative C: Continued Injury
Assessment and Defer Comprehensive
Restoration Plan; and
• Alternative D: No Action/Natural
Recovery.
The Trustees have jointly examined
and assessed the extent of injury and the
restoration alternatives. In the Draft
PDARP/PEIS, the Trustees present to the
public their findings on the extensive
injuries to multiple habitats, biological
species, ecological functions, and
geographic regions across the northern
Gulf of Mexico that occurred as a result
of the Deepwater Horizon incident, as
well as the programmatic plan for
restoring those resources. In particular,
they considered restoration types and
approaches to restore, replace,
rehabilitate, or acquire the equivalent of
the injured natural resources and
services. The Trustees believe that the
preferred alternative in this Draft
PDARP/PEIS is most appropriate for
addressing the injuries to natural
resources.
The Trustees’ proposed decision is to
select a comprehensive restoration plan
to guide and direct subsequent
restoration planning and
implementation during the coming
decades. The Draft PDARP/PEIS is
programmatic; it describes the
framework by which subsequent project
specific restoration plans will be
identified and developed, and sets forth
the types of projects the Trustees will
consider in each of several described
restoration areas. The subsequent
restoration plans would identify,
evaluate, and select specific restoration
projects for implementation that are
consistent with the restoration
framework laid out by the PDARP/PEIS.
The Trustees are considering this
programmatic restoration planning
decision in light of the proposed
settlement among BP, the United States
and the States of Louisiana, Mississippi,
Alabama, Florida, and Texas to resolve
BP’s liability for natural resource
damages associated with the Deepwater
Horizon incident. Under this proposed
settlement, BP would pay a total of $8.1
billion for restoration to address natural
resource injuries (this includes $1
billion already committed for early
restoration), plus up to an additional
$700 million to respond to natural
resource damages unknown at the time
of the settlement and/or to provide for
adaptive management. As noted below,
the proposed Consent Decree for the
proposed settlement is the subject of a
separate public notice and comment
process.
Next Steps
The public is encouraged to review
and comment on the Draft PDARP/PEIS.
As described above, public meetings are
scheduled to facilitate the public review
and comment process. After the close of
the public comment period, the Trustees
will consider and address the comments
received before issuing a Final PDARP/
PEIS. A summary of comments received
and the Trustees’ responses will be
included in the final document. After
issuing the Final PDARP/PEIS, the
Trustees will prepare a Record of
Decision that formally selects an
alternative.
The public is also encouraged to
review and comment on the proposed
Consent Decree through a separate
process managed by the Department of
Justice. A link for the proposed Consent
Decree and directions for comment to
the Department of Justice is available at
www.gulfspillrestoration.noaa.gov.
PUBLIC MEETING SCHEDULE
Date
Time (local times)
Mon., Oct. 19, 2015 ...................................
Tues., Oct. 20, 2015 ..................................
5
6
5
6
Thurs., Oct. 22, 2015 .................................
5 p.m. Open House ..................................
6 p.m. Public Meeting ...............................
Mon., Oct. 26, 2015 ...................................
6 p.m. Open House ..................................
7 p.m. Public Meeting ...............................
Tues., Oct. 27, 2015 ..................................
6
7
6
7
6
7
6
7
Thurs., Oct. 29, 2015 .................................
Tues., Nov. 10, 2015 ..................................
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Wed., Nov. 18, 2015 ..................................
Invitation to Comment
The Trustees seek public review and
comment on the Draft PDARP/PEIS.
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment, including your
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Location
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Open House ..................................
Public Meeting ...............................
Open House ..................................
Public Meeting ...............................
Open House ..................................
Public Meeting ...............................
Open House ..................................
Public Meeting ...............................
Open House ..................................
Public Meeting ...............................
Open House ..................................
Public Meeting ...............................
Courtyard by Marriott—Houma, Versailles Parlour, 142
Liberty Boulevard, Houma, LA 70360.
University of Southern Mississippi, Long Beach FEC
Auditorium, 730 East Beach Boulevard, Long Beach,
MS 39560.
Hilton Garden Inn, New Orleans Convention Center,
Garden Ballroom, 10001 South Peters Street, New
Orleans, LA 70130.
The Battle House, Renaissance Mobile Hotel & Spa,
Moonlight Ballroom A, 26 North Royal Street, Mobile,
AL 36602.
Pensacola Bay Center, 201 E Gregory Street, Pensacola, FL 32502.
Hilton St. Petersburg, Bayfront, Salon AB, 333 1st
Street South, St. Petersburg, FL 33701.
Hilton Galveston Island Resort, Crystal Ballroom, 5400
Seawall Boulevard, Galveston, TX 77551.
DoubleTree by Hilton Hotel, Washington DC, Terrace
Ballroom, 1515 Rhode Island, Avenue NW., Washington, DC 20005.
personal identifying information, may
be publicly available at any time.
Administrative Record
The documents included in the
Administrative Record can be viewed
electronically at the following location:
https://www.doi.gov/deepwaterhorizon/
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adminrecord. The Trustees opened a
publicly available Administrative
Record for the NRDA for the Deepwater
Horizon oil spill, including restoration
planning activities, concurrently with
publication of the 2011 NOI (pursuant
to 15 CFR 990.45).
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Authority: The authority of this action is
the Oil Pollution Act of 1990 (33 U.S.C. 2701
et seq.) and the implementing NRDA
regulations found at 15 CFR part 990.
Dated: September 28, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2015–24913 Filed 10–2–15; 8:45 am]
limits), other possession limits, other
gear requirements, and exemption
programs for all three species. The
Council and the ASMFC will consider
the input from the AP in December
when reviewing recommendations on
commercial measures from the Summer
Flounder, Scup, and Black Sea Bass
Monitoring and Technical Committees.
Special Accommodations
BILLING CODE 3510–22–P
The meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aid should be directed to M.
Jan Saunders, (302) 526–5251, at least 5
days prior to the meeting date.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Dated: September 30, 2015.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
RIN 0648–XE226
Mid-Atlantic Fishery Management
Council (MAFMC); Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; public meeting.
[FR Doc. 2015–25239 Filed 10–2–15; 8:45 am]
The Mid-Atlantic Fishery
Management Council’s (Council)
Summer Flounder, Scup, and Black Sea
Bass Advisory Panel will hold a public
meeting.
DATES: The meeting will be held on
Thursday, October 22, 2015, from 2 p.m.
until 5 p.m.
ADDRESSES: The meeting will be held
via webinar with a telephone-only
connection option. Details on webinar
registration and telephone-only
connection details will be available at:
https://www.mafmc.org.
Council address: Mid-Atlantic Fishery
Management Council, 800 N. State
Street, Suite 201, Dover, DE 19901;
telephone: (302) 674–2331 or on their
Web site at www.mafmc.org.
FOR FURTHER INFORMATION CONTACT:
Christopher M. Moore, Ph.D., Executive
Director, Mid-Atlantic Fishery
Management Council, telephone: (302)
526–5255.
SUPPLEMENTARY INFORMATION: The
Council’s Summer Flounder, Scup, and
Black Sea Bass Advisory Panel (AP) will
meet jointly with the Atlantic States
Marine Fisheries Commission’s
(ASMFC’s) Summer Flounder, Scup,
and Black Sea Bass AP. The purpose of
this meeting is to solicit advisor input
on specific commercial management
measures for summer flounder, scup,
and black sea bass. These include, but
are not limited to, the commercial
minimum fish size, trawl mesh size
requirements, seasonal possession limits
triggering the minimum mesh size
requirements (i.e., incidental possession
National Oceanic and Atmospheric
Administration
AGENCY:
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SUMMARY:
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BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
RIN 0648–XC667
Application for a Permit Modification:
Endangered Species; File No. 17304
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of application for
a permit modification.
AGENCY:
Notice is hereby given that
Kristen Hart, Ph.D., U.S. Geological
Survey, 3205 College Ave., Davie, FL
33314, has requested a modification to
scientific research Permit No. 17304–01.
DATES: Written, telefaxed, or email
comments must be received on or before
November 4, 2015.
ADDRESSES: The modification request
and related documents are available for
review by selecting ‘‘Records Open for
Public Comment’’ from the Features box
on the Applications and Permits for
Protected Species (APPS) home page,
https://apps.nmfs.noaa.gov, and then
selecting File No. 17304 Mod 2 from the
list of available applications. These
documents are also available upon
written request or by appointment in the
Permits and Conservation Division,
Office of Protected Resources, NMFS,
1315 East-West Highway, Room 13705,
Silver Spring, MD 20910; phone (301)
427–8401; fax (301) 713–0376.
Written comments on this application
should be submitted to the Chief,
Permits and Conservation Division, at
SUMMARY:
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the address listed above. Comments may
also be submitted by facsimile to (301)
713–0376, or by email to
NMFS.Pr1Comments@noaa.gov. Please
include the File No. in the subject line
of the email comment.
Those individuals requesting a public
hearing should submit a written request
to the Chief, Permits and Conservation
Division at the address listed above. The
request should set forth the specific
reasons why a hearing on this
application would be appropriate.
FOR FURTHER INFORMATION CONTACT:
Amy Hapeman or Carrie Hubard, (301)
427–8401.
The
subject modification to Permit No.
17304, issued on September 20, 2013
(78 FR 59657) is requested under the
authority of the Endangered Species Act
of 1973, as amended (16 U.S.C. 1531 et
seq.) and the regulations governing the
taking, importing, and exporting of
endangered and threatened species (50
CFR 222–226).
Permit No. 17304–01 authorizes
researchers to capture 100 green, 100
loggerhead, 90 Kemp’s ridley, and 20
hawksbill sea turtles annually by hand
or using nets in the northern Gulf of
Mexico. Alternative to direct capture,
researchers may obtain sea turtles for
study that are legally captured during
relocation trawling for the U.S. Army
Corps of Engineers. Sea turtles may have
the following types of procedures
performed before release:
Morphometrics, marking, photograph/
video, tagging, biological sampling, and/
or attachment of transmitters and
subsequent tracking. The permit is valid
through September 30, 2018. Dr. Hart is
seeking to modify the permit to (1)
authorize trawling as a capture method,
and (2) increase the annual number of
loggerhead and Kemp’s ridley sea turtles
taken by 200 and 210 turtles,
respectively. This work would be used
to (1) provide density and abundance
data to managers for these species in
Louisiana waters and associated federal
waters, and (2) establish the feasibility
of sea turtle monitoring in the Gulf of
Mexico by trawl.
SUPPLEMENTARY INFORMATION:
Dated: September 29, 2015.
Julia Harrison,
Chief, Permits and Conservation Division,
Office of Protected Resources, National
Marine Fisheries Service.
[FR Doc. 2015–25209 Filed 10–2–15; 8:45 am]
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[Federal Register Volume 80, Number 192 (Monday, October 5, 2015)]
[Notices]
[Pages 60126-60129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24913]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XE201
Notice of Availability of a Deepwater Horizon Oil Spill; Draft
Programmatic Damage Assessment and Restoration Plan (PDARP) and Draft
Programmatic Environmental Impact Statement (PEIS)
AGENCY: National Oceanic and Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability of a Draft Programmatic Damage
Assessment and Restoration Plan and Draft Programmatic Environmental
Impact Statement; request for comments.
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SUMMARY: In accordance with the Oil Pollution Act of 1990 (OPA) and the
National Environmental Policy Act (NEPA), the Deepwater Horizon Federal
and State natural resource trustee agencies (Trustees) have prepared a
Draft Programmatic Damage Assessment and Restoration Plan and Draft
Programmatic Environmental Impact Statement (Draft PDARP/PEIS). As
required by OPA, in this Draft PDARP/PEIS, the Deepwater Horizon
Trustees present the assessment of impacts of the Deepwater Horizon oil
spill on natural resources in the Gulf of Mexico and on the services
those resources provide, and determine the restoration needed to
compensate the public for these impacts. The Draft PDARP/PEIS describes
the Trustees' programmatic alternatives considered to restore natural
resources, ecological services, and recreational use services injured
or lost as a result of the Deepwater Horizon oil spill. The Trustees
evaluate these alternatives under criteria set forth in the OPA natural
resource damage assessment regulations, and also evaluate the
environmental consequences of the restoration alternatives in
accordance with NEPA. The purpose of this notice is to inform the
public of the availability of the Draft PDARP/PEIS and to seek public
comments on the document.
DATES: The Trustees will consider public comments received on or before
December 4, 2015.
Public Meetings: The Trustees will host a series of public meetings
to facilitate public review and comment on the Draft PDARP/PEIS. Both
written and verbal public comments will be taken at each public
meeting. The Trustees will hold an open house for each meeting followed
by a formal meeting. Each public meeting will include a
[[Page 60127]]
presentation of the Draft PDARP/PEIS. Public meetings will be held
between October 19th and November 18th. The full public meeting
schedule is listed in the SUPPLEMENTARY INFORMATION section.
ADDRESSES: Obtaining Documents: You may download the Draft PDARP/PEIS
at https://www.gulfspillrestoration.noaa.gov. Alternatively, you may
request a CD of the Draft PDARP/PEIS (see FOR FURTHER INFORMATION
CONTACT). You may also view the document at any of the public
facilities listed at https://www.gulfspillrestoration.noaa.gov. The
Draft PDARP/PEIS also will be available for download at https://www.justice.gov/enrd/deepwater-horizon.
Submitting Comments: You may submit comments on the Draft PDARP/
PEIS by one of following methods:
Via the Web: https://www.gulfspillrestoration.noaa.gov and
U.S. Mail: U.S. Fish and Wildlife Service, P.O. Box 49567,
Atlanta, GA 30345. Please note that mailed comments must be received on
or before the comment deadline of December 4, 2015 to be considered.
FOR FURTHER INFORMATION CONTACT: Courtney Groeneveld at
gulfspill.restoration@noaa.gov.
SUPPLEMENTARY INFORMATION:
Introduction
On April 20, 2010, the Deepwater Horizon mobile drilling unit
exploded, caught fire, and eventually sank in the Gulf of Mexico,
resulting in a massive release of oil and other substances from BP's
Macondo well. Tragically, 11 workers were killed and 17 injured by the
explosion and fire. Initial efforts to cap the well following the
explosion were unsuccessful, and for 87 days after the explosion, the
well continuously and uncontrollably discharged oil and natural gas
into the northern Gulf of Mexico. Approximately 3.19 million barrels
(134 million gallons) of oil were released into the ocean, by far the
largest offshore oil spill in the history of the United States.
Oil spread from the deep ocean to the surface and nearshore
environment, from Texas to Florida. The oil came into contact with and
injured natural resources as diverse as deep-sea coral, fish and
shellfish, productive wetland habitats, sandy beaches, birds,
endangered sea turtles, and protected marine life. The oil spill
prevented people from fishing, going to the beach, and enjoying their
typical recreational activities along the Gulf. Extensive response
actions, including, use of dispersants, cleanup activities, and actions
to try to prevent the oil from reaching sensitive resources, were
undertaken to try to reduce harm to people and the environment.
However, many of these response actions had collateral impacts on the
environment. The oil and other substances released from the well in
combination with the extensive response actions together make up the
Deepwater Horizon incident.
The Trustees are conducting the natural resource damage assessment
for the Deepwater Horizon incident under the Oil Pollution Act 1990
(OPA; 33 U.S.C. 2701 et seq.). Pursuant to OPA, Federal and State
agencies act as trustees on behalf of the public to assess natural
resource injuries and losses and to determine the actions required to
compensate the public for those injuries and losses. OPA further
instructs the designated trustees to develop and implement a plan for
the restoration, rehabilitation, replacement, or acquisition of the
equivalent of the injured natural resources under their trusteeship,
including the loss of use of those resources and the loss of services
they provide from the time of injury until the time of restoration to
baseline (the resource quality and conditions that would exist if the
spill had not occurred) is complete.
The Trustees \1\ are as follows:
---------------------------------------------------------------------------
\1\ Although a trustee under OPA by virtue of the proximity of
its facilities to the Deepwater Horizon oil spill, the U.S.
Department of Defense (DOD) is not a member of the Trustee Council
and did not participate in development of this Draft PDARP/PEIS.
---------------------------------------------------------------------------
National Oceanic and Atmospheric Administration (NOAA), on
behalf of the U.S. Department of Commerce;
U.S. Department of the Interior (DOI), as represented by
the National Park Service, U.S. Fish and Wildlife Service, and Bureau
of Land Management;
U.S. Department of Agriculture (USDA);
U.S. Environmental Protection Agency (USEPA);
State of Louisiana Coastal Protection and Restoration
Authority, Oil Spill Coordinator's Office, Department of Environmental
Quality, Department of Wildlife and Fisheries, and Department of
Natural Resources;
State of Mississippi Department of Environmental Quality;
State of Alabama Department of Conservation and Natural
Resources and Geological Survey of Alabama;
State of Florida Department of Environmental Protection
and Fish and Wildlife Conservation Commission; and
For the State of Texas: Texas Parks and Wildlife
Department, Texas General Land Office, and Texas Commission on
Environmental Quality.
Background
On February 17, 2011, the Trustees initiated a 90-day formal
scoping and public comment period for this Draft PDARP/PEIS (76 FR
9327) through a Notice of Intent (NOI) to Begin Restoration Scoping and
Prepare a Gulf Spill Restoration Planning PEIS. The Trustees conducted
the scoping in accordance with OPA (15 CFR 990.14(d)), NEPA (40 CFR
1501.7), and State authorities. That NOI requested public input to
identify and evaluate a range of restoration types that could be used
to fully compensate the public for the environmental and recreational
use damages caused by the spill, as well as develop procedures to
select and implement restoration projects that will compensate the
public for the natural resource damages caused by the spill. As part of
the scoping process, the Trustees hosted public meetings across all the
Gulf States during Spring 2011.
Overview of the Draft PDARP/PEIS
The Draft PDARP/PEIS is being released in accordance with the OPA,
the Natural Resources Damage Assessment (NRDA) regulations found in the
Code of Federal Regulations (CFR) at 15 CFR part 990, and the National
Environmental Policy Act (NEPA) (42 U.S.C. 4321 et seq.).
In the Draft PDARP/PEIS, the Deepwater Horizon Trustees present to
the public their findings on the extensive injuries to multiple
habitats, biological species, ecological functions, and geographic
regions across the northern Gulf of Mexico that occurred as a result of
the Deepwater Horizon incident, as well as their programmatic plan for
restoring those resources and the services they provide. The Draft
PDARP/PEIS proposes four programmatic alternatives evaluated in
accordance with OPA and NEPA. The Deepwater Horizon Trustees decided to
fulfill NEPA requirements by conducting a PEIS that evaluates broad (as
opposed to project-specific) restoration alternatives. As the Draft
PDARP/PEIS shows, the injuries caused by the Deepwater Horizon incident
cannot be fully described at the level of a single species, a single
habitat type, or a single region. Rather, the injuries affected such a
wide array of linked resources over such an enormous area that the
effects of the Deepwater Horizon incident constitute an ecosystem-level
injury. Consequently, the Trustees' preferred alternative for a
restoration plan employs a comprehensive, integrated ecosystem approach
to best address these ecosystem-level injuries. The Trustees'
[[Page 60128]]
evaluation determines this alternative is best, among several other
alternatives, at compensating the public for the losses to natural
resources and services caused by the Deepwater Horizon incident.
The four alternatives under the Draft PDARP/PEIS are as follows:
Alternative A (Preferred Alternative): Comprehensive
Integrated Ecosystem Restoration Plan based on the programmatic Trustee
goals;
Alternative B: Resource-Specific Restoration Plan based on
the programmatic Trustee goals;
Alternative C: Continued Injury Assessment and Defer
Comprehensive Restoration Plan; and
Alternative D: No Action/Natural Recovery.
The Trustees have jointly examined and assessed the extent of
injury and the restoration alternatives. In the Draft PDARP/PEIS, the
Trustees present to the public their findings on the extensive injuries
to multiple habitats, biological species, ecological functions, and
geographic regions across the northern Gulf of Mexico that occurred as
a result of the Deepwater Horizon incident, as well as the programmatic
plan for restoring those resources. In particular, they considered
restoration types and approaches to restore, replace, rehabilitate, or
acquire the equivalent of the injured natural resources and services.
The Trustees believe that the preferred alternative in this Draft
PDARP/PEIS is most appropriate for addressing the injuries to natural
resources.
The Trustees' proposed decision is to select a comprehensive
restoration plan to guide and direct subsequent restoration planning
and implementation during the coming decades. The Draft PDARP/PEIS is
programmatic; it describes the framework by which subsequent project
specific restoration plans will be identified and developed, and sets
forth the types of projects the Trustees will consider in each of
several described restoration areas. The subsequent restoration plans
would identify, evaluate, and select specific restoration projects for
implementation that are consistent with the restoration framework laid
out by the PDARP/PEIS. The Trustees are considering this programmatic
restoration planning decision in light of the proposed settlement among
BP, the United States and the States of Louisiana, Mississippi,
Alabama, Florida, and Texas to resolve BP's liability for natural
resource damages associated with the Deepwater Horizon incident. Under
this proposed settlement, BP would pay a total of $8.1 billion for
restoration to address natural resource injuries (this includes $1
billion already committed for early restoration), plus up to an
additional $700 million to respond to natural resource damages unknown
at the time of the settlement and/or to provide for adaptive
management. As noted below, the proposed Consent Decree for the
proposed settlement is the subject of a separate public notice and
comment process.
Next Steps
The public is encouraged to review and comment on the Draft PDARP/
PEIS. As described above, public meetings are scheduled to facilitate
the public review and comment process. After the close of the public
comment period, the Trustees will consider and address the comments
received before issuing a Final PDARP/PEIS. A summary of comments
received and the Trustees' responses will be included in the final
document. After issuing the Final PDARP/PEIS, the Trustees will prepare
a Record of Decision that formally selects an alternative.
The public is also encouraged to review and comment on the proposed
Consent Decree through a separate process managed by the Department of
Justice. A link for the proposed Consent Decree and directions for
comment to the Department of Justice is available at
www.gulfspillrestoration.noaa.gov.
Public Meeting Schedule
------------------------------------------------------------------------
Time (local
Date times) Location
------------------------------------------------------------------------
Mon., Oct. 19, 2015........... 5 p.m. Open House Courtyard by
6 p.m. Public Marriott--Houma,
Meeting. Versailles Parlour,
142 Liberty
Boulevard, Houma, LA
70360.
Tues., Oct. 20, 2015.......... 5 p.m. Open House University of
6 p.m. Public Southern
Meeting. Mississippi, Long
Beach FEC
Auditorium, 730 East
Beach Boulevard,
Long Beach, MS
39560.
Thurs., Oct. 22, 2015......... 5 p.m. Open House Hilton Garden Inn,
6 p.m. Public New Orleans
Meeting. Convention Center,
Garden Ballroom,
10001 South Peters
Street, New Orleans,
LA 70130.
Mon., Oct. 26, 2015........... 6 p.m. Open House The Battle House,
7 p.m. Public Renaissance Mobile
Meeting. Hotel & Spa,
Moonlight Ballroom
A, 26 North Royal
Street, Mobile, AL
36602.
Tues., Oct. 27, 2015.......... 6 p.m. Open House Pensacola Bay Center,
7 p.m. Public 201 E Gregory
Meeting. Street, Pensacola,
FL 32502.
Thurs., Oct. 29, 2015......... 6 p.m. Open House Hilton St.
7 p.m. Public Petersburg,
Meeting. Bayfront, Salon AB,
333 1st Street
South, St.
Petersburg, FL
33701.
Tues., Nov. 10, 2015.......... 6 p.m. Open House Hilton Galveston
7 p.m. Public Island Resort,
Meeting. Crystal Ballroom,
5400 Seawall
Boulevard,
Galveston, TX 77551.
Wed., Nov. 18, 2015........... 6 p.m. Open House DoubleTree by Hilton
7 p.m. Public Hotel, Washington
Meeting. DC, Terrace
Ballroom, 1515 Rhode
Island, Avenue NW.,
Washington, DC
20005.
------------------------------------------------------------------------
Invitation to Comment
The Trustees seek public review and comment on the Draft PDARP/
PEIS. Before including your address, phone number, email address, or
other personal identifying information in your comment, you should be
aware that your entire comment, including your personal identifying
information, may be publicly available at any time.
Administrative Record
The documents included in the Administrative Record can be viewed
electronically at the following location: https://www.doi.gov/deepwaterhorizon/adminrecord. The Trustees opened a publicly available
Administrative Record for the NRDA for the Deepwater Horizon oil spill,
including restoration planning activities, concurrently with
publication of the 2011 NOI (pursuant to 15 CFR 990.45).
[[Page 60129]]
Authority: The authority of this action is the Oil Pollution Act
of 1990 (33 U.S.C. 2701 et seq.) and the implementing NRDA
regulations found at 15 CFR part 990.
Dated: September 28, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2015-24913 Filed 10-2-15; 8:45 am]
BILLING CODE 3510-22-P
