Deepwater Horizon Oil Spill; Draft Early Restoration Plan and Environmental Review, 66626-66628 [2012-27080]

Download as PDF 66626 Federal Register / Vol. 77, No. 215 / Tuesday, November 6, 2012 / Notices Developmental Biology Research; 93.88, Minority Access to Research Careers; 93.96, Special Minority Initiatives, National Institutes of Health, HHS) Dated: October 31, 2012. Melanie J. Gray, Program Analyst, Office of Federal Advisory Committee Policy. [FR Doc. 2012–26989 Filed 11–5–12; 8:45 am] BILLING CODE 4140–01–P DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection Agency Information Collection Activities: Administrative Rulings U.S. Customs and Border Protection (CBP), Department of Homeland Security. ACTION: 60-day notice and request for comments; Extension of an existing collection of information. AGENCY: As part of its continuing effort to reduce paperwork and respondent burden, CBP invites the general public and other Federal agencies to comment on an information collection requirement concerning Administrative Rulings. This request for comment is being made pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104–13). DATES: Written comments should be received on or before January 7, 2013, to be assured of consideration. ADDRESSES: Direct all written comments to U.S. Customs and Border Protection, Attn: Tracey Denning, Regulations and Rulings, Office of International Trade, 799 9th Street NW., 5th Floor, Washington, DC 20229–1177. FOR FURTHER INFORMATION CONTACT: Requests for additional information should be directed to Tracey Denning, U.S. Customs and Border Protection, Regulations and Rulings, Office of International Trade, 799 9th Street NW., 5th Floor, Washington, DC 20229–1177, at 202–325–0265. SUPPLEMENTARY INFORMATION: CBP invites the general public and other Federal agencies to comment on proposed and/or continuing information collections pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104–13). The comments should address: (a) Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimates of the burden of the collection of information; (c) ways to enhance the quality, utility, and clarity erowe on DSK2VPTVN1PROD with SUMMARY: VerDate Mar<15>2010 15:06 Nov 05, 2012 Jkt 229001 of the information to be collected; (d) ways to minimize the burden including the use of automated collection techniques or the use of other forms of information technology; and (e) the annual cost burden to respondents or record keepers from the collection of information (total capital/startup costs and operations and maintenance costs). The comments that are submitted will be summarized and included in the CBP request for Office of Management and Budget (OMB) approval. All comments will become a matter of public record. In this document CBP is soliciting comments concerning the following information collection: Title: Administrative Rulings. OMB Number: 1651–0085. Form Number: None. Abstract: The collection of information in 19 CFR part 177 is necessary in order to enable Customs and Border Protection (CBP) to respond to requests by importers and other interested persons for the issuance of administrative rulings. These rulings pertain to the interpretation of applicable laws related to prospective and current transactions involving classification, marking, and country of origin. The collection of information in Part 177 of the CBP Regulations is also necessary to enable CBP to make proper decisions regarding the issuance of binding rulings that modify or revoke prior CBP binding rulings. This collection of information is authorized by 19 U.S.C. 66, 1202, (General Note 3(i), Harmonized Tariff Schedule of the United States). The application to obtain an administrative ruling is accessible at: https://apps.cbp.gov/erulings. Action: CBP proposes to extend the expiration date of this information collection with no change to the estimated burden hours or to the information collected. Type of Review: Extension (without change). Affected Public: Businesses. Rulings: Estimated Number of Respondents: 12,000. Estimated Time per Respondent: 10 hours. Estimated Total Annual Burden Hours: 120,000. Appeals: Estimated Number of Respondents: 200. Estimated Time per Respondent: 40 hours. Estimated Total Annual Burden Hours: 8,000. PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 Dated: November 1, 2012. Tracey Denning, Agency Clearance Officer, U.S. Customs and Border Protection. [FR Doc. 2012–27025 Filed 11–5–12; 8:45 am] BILLING CODE 9111–14–P DEPARTMENT OF THE INTERIOR [FWS–R4–FHC–2012–N254; FVHC98130406900Y4–XXX–FF04G01000] Deepwater Horizon Oil Spill; Draft Early Restoration Plan and Environmental Review Interior. Notice of availability; request for comments. AGENCY: ACTION: In accordance with the Oil Pollution Act of 1990 (OPA), the National Environmental Policy Act (NEPA), and the Framework Agreement for Early Restoration Addressing Injuries Resulting from the Deepwater Horizon Oil Spill, the Federal and State natural resource trustee agencies (Trustees) have prepared a Phase II Draft Early Restoration Plan and Environmental Review (DERP/ER) describing and proposing two additional early restoration projects intended to continue the process of restoring natural resources and services injured or lost as a result of the Deepwater Horizon oil spill, which occurred on or about April 20, 2010, in the Gulf of Mexico. The purpose of this notice is to inform the public of the availability of the DERP/ ER and to seek written comments on the proposed restoration alternative presented in the DERP/ER. DATES: Comments Due Date: We will consider public comments received on or before December 10, 2012. Public Meetings: A public meeting is scheduled to facilitate public review and comment on the DERP/ER. Both written and verbal public comments will be taken at the meeting. The meeting will be held on November 13, 2012, at the Escambia County Central Complex Building (a.k.a. the LEED Building), Room 104, 3363 West Park Place, Pensacola, Florida 32505. An open house will begin at 6:00 p.m. (central time); the formal meeting, including a presentation of the DERP/ER will begin at 7:00 p.m. (central time). A meeting notice will be posted on the web at www.gulfspillrestoration.noaa.gov. SUMMARY: ADDRESSES: Obtaining Documents: You may download the DERP/ER and the framework agreement at https:// E:\FR\FM\06NON1.SGM 06NON1 Federal Register / Vol. 77, No. 215 / Tuesday, November 6, 2012 / Notices www.gulfspillrestoration.noaa.gov or https://www.doi.gov/deepwaterhorizon. You may also review hard copies of the DERP/ER at any of the public repositories listed at https:// www.gulfspillrestoration.noaa.gov. Submitting Comments: You may submit comments on the DERP/ER by one of following methods: • Via the Web: https:// www.gulfspillrestoration.noaa.gov. • For electronic submission of comments containing attachments, email: fw4coastalDERPcomments@fws.gov. • U.S. Mail: c/o U.S. Fish and Wildlife Service, P.O. Box 2099, Fairhope, Alabama 36533. FOR FURTHER INFORMATION CONTACT: Brian Spears at fw4coastalDERPcomments@fws.gov. SUPPLEMENTARY INFORMATION: erowe on DSK2VPTVN1PROD with Introduction On or about April 20, 2010, the mobile offshore drilling unit Deepwater Horizon, which was being used to drill a well for BP Exploration and Production, Inc. (BP), in the Macondo prospect (Mississippi Canyon 252— MC252), 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. An estimated 4.9 million barrels (210 million gallons) of oil were released from the well into the Gulf of Mexico over a period of 87 days. In addition, approximately 1.84 million gallons of dispersants were applied to the waters of the spill area in an attempt to minimize impacts from spilled oil. Affected resources include ecologically, recreationally, and commercially important species and their habitats in the Gulf of Mexico and along the coastal areas of Alabama, Florida, Louisiana, Mississippi, and Texas. Federal and State trustees (listed below) are conducting the natural resource damage assessment for the Deepwater Horizon oil spill under the Oil Pollution Act 1990 (OPA; 33 U.S.C. 2701 et seq.). Pursuant to OPA, federal and state agencies and Indian tribes may act as trustees on behalf of the public to assess natural resource injuries and losses and to determine the damages 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. The trustees have VerDate Mar<15>2010 15:06 Nov 05, 2012 Jkt 229001 developed this DERP/ER under the Framework Agreement. The trustees are: • 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; • National Oceanic and Atmospheric Administration (NOAA), on behalf of the U.S. Department of Commerce; • U.S. Department of Agriculture (USDA); • U.S. Department of Defense (DOD); • 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 April 20, 2011, BP agreed to provide up to $1 billion toward early restoration projects in the Gulf of Mexico to address injuries to natural resources caused by the Deepwater Horizon oil spill. This early restoration agreement, entitled ‘‘Framework for Early Restoration Addressing Injuries Resulting from the Deepwater Horizon Oil Spill’’ (Framework Agreement), represents a preliminary step toward the restoration of injured natural resources. The Framework Agreement is intended to expedite the start of restoration in the Gulf in advance of the completion of the injury assessment process. The Framework Agreement provides a mechanism through which the Trustees and BP can work together ‘‘to commence implementation of early restoration projects that will provide meaningful benefits to accelerate restoration in the Gulf as quickly as practicable’’ prior to the resolution of the Trustees’ natural resource damages claim. The Trustees actively solicited public input on restoration project ideas through a variety of mechanisms, including public meetings, electronic communication, and creation of a Trustee-wide public Web site and PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 66627 database to share information and receive public project submissions. Their key objective in pursuing early restoration is to secure tangible recovery of natural resources and natural resource services for the public’s benefit while the longer-term process of fully assessing injury and damages is underway. As the first step in this accelerated process, the Trustees released, after public review of a draft, a Phase I Early Restoration Plan/ Environmental Assessment (Phase I ERP/EA) in April 2012. The Phase I ERP is currently being implemented. In a continuation of the early restoration process, the Trustees are proposing two additional early restoration projects to address response injuries from the Deepwater Horizon oil spill. These projects are approved in principle by BP. They address injuries to the nesting habitats of beach nesting birds and loggerhead sea turtles that resulted from response activities to the oil spill (e.g., efforts to prevent oil from reaching beaches and to remove oil from beaches). These projects address a number of specific public comments on the Phase I projects that requested development of additional habitat and wildlife-based early restoration projects. Because loggerhead sea turtles and beach nesting birds begin nesting along the Northeast Gulf coast in February, the Trustees recognize the need to implement these two proposed projects in a timely manner to be effective during the 2013 breeding season. Therefore, the Trustees are proposing these projects at this time while continuing to work with BP to develop additional restoration projects in accordance with the Framework Agreement. The Alternatives within this plan are not intended to, and do not fully, address all injuries caused by the spill or provide the extent of restoration needed to satisfy claims against BP. Overview of the Draft ERP/ER Draft Early Restoration Plan Alternatives, Including Our Proposed Alternative The Draft ERP/ER is being released in accordance with the Oil Pollution Act, the Natural Resources Damage Assessment (NRDA) regulations found in the Code of Federal Regulations (CFR) at 15 CFR part 990, the National Environmental Policy Act (42 U.S.C. 4321 et seq.), and the Framework for Early Restoration Addressing Injuries Resulting from the Deepwater Horizon Oil Spill. It describes two early restoration alternatives: No Action— Natural Recovery (required for consideration by OPA) and Proposed E:\FR\FM\06NON1.SGM 06NON1 66628 Federal Register / Vol. 77, No. 215 / Tuesday, November 6, 2012 / Notices Action—Proposed Early Restoration Projects. Under the No Action alternative, the trustees would not implement early restoration projects as described in this Draft ERP/ER. Rather, the No Action approach would result in delaying protection and improvement of important nesting habitats injured by the oil spill. Under the Proposed Action, the Trustees are considering two projects that meet the selection criteria, which are also described in the Draft ERP/ER. Proposed Action—Proposed Early Restoration Projects The proposed restoration projects are intended to protect and enhance beach nesting habitats used by birds and sea turtles by, among other things, protecting bird nesting habitat with symbolic fencing and signs and reducing the presence of harmful lighting on certain beaches as described in the plan. The proposed projects are: (1) Comprehensive Program for Enhanced Management of Avian Breeding Habitat Injured by Response in the Florida Panhandle, Alabama, and Mississippi; and (2) Improving Habitat Injured by Spill Response: Restoring the Night Sky. Each of these projects will benefit coastal nesting habitats injured by response to the Deepwater Horizon oil spill. erowe on DSK2VPTVN1PROD with Next Step After the public comment period ends, the Trustees will analyze and address the comments and will consider all input received before an ERP/ER is finalized. As described above, a public meeting is scheduled to facilitate the public review and comment process. During public review and subsequent revision of the ERP/ER, negotiations with BP will be completed and approved projects will proceed to implementation, pending compliance with all applicable state and federal laws. Public Availability of Comments 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. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Administrative Record The documents comprising the Administrative Record can be viewed VerDate Mar<15>2010 15:06 Nov 05, 2012 Jkt 229001 electronically at the following location: https://www.doi.gov/deepwaterhorizon. Author The primary author of this notice is Jim Haas (james_haas@nps.gov). Authority The authority of this action is the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), the implementing Natural Resource Damage Assessment regulations found at 15 CFR part 990, and the Framework Agreement for Addressing Injuries Resulting from the Deepwater Horizon Oil Spill. Cynthia K. Dohner, DOI Authorized Official. [FR Doc. 2012–27080 Filed 11–5–12; 8:45 am] BILLING CODE 4310–55–P I. Background The Department of the Interior (DOI) is creating the Donations Program Files system of records. The purpose of this system is to assist the Department of the Interior in managing the Donations Program and facilitating the acceptance and solicitation of donations of money, real property, personal property, services, or other gifts by members of the public and organizations. The system will be effective as proposed at the end of the comment period (the comment period will end 40 days after the publication of this notice in the Federal Register), unless comments are received that would require a contrary determination. DOI will publish a revised notice if changes are made based upon a review of the comments received. DEPARTMENT OF THE INTERIOR II. Privacy Act Office of the Secretary The Privacy Act of 1974, as amended, embodies fair information practices in a statutory framework governing the means by which Federal agencies collect, maintain, use, and disseminate individuals’ personal information. The Privacy Act applies to information that is maintained in a ‘‘system of records.’’ A ‘‘system of records’’ is a group of any records under the control of an agency for which information is retrieved by the name of an individual or by some identifying number, symbol, or other identifying particular assigned to the individual. The Privacy Act defines an individual as a United States citizen or lawful permanent resident. As a matter of policy, DOI extends administrative Privacy Act protections to all individuals. Individuals may request access to their own records that are maintained in a system of records in the possession or under the control of DOI by complying with DOI Privacy Act Regulations, 43 CFR part 2. The Privacy Act requires each agency to publish in the Federal Register a description denoting the type and character of each system of records that the agency maintains, the routine uses that are contained in each system in order to make agency record keeping practices transparent, to notify individuals regarding the uses of their records, and to assist individuals to more easily find such records within the agency. Below is the description of the Donations Program Files system of records. In accordance with 5 U.S.C. 552a(r), DOI has provided a report of this system of records to the Office of Management and Budget and to Congress. Privacy Act of 1974, as Amended; Notice of a New System of Records Office of the Secretary, Interior. Notice of creation of a new system of records. AGENCY: ACTION: Pursuant to the provisions of the Privacy Act of 1974, as amended, the Department of the Interior is issuing a public notice of its intent to create the Department of the Interior system of records titled, ‘‘Donations Program Files.’’ This system will assist the Department of the Interior in managing the Donations Program and facilitating the acceptance and solicitation of donations of money, real property, personal property, services, or other gifts by members of the public and organizations. This newly established system will be included in the Department of the Interior’s inventory of Privacy Act records systems. DATES: Comments must be received by December 17, 2012. This new system will be effective December 17, 2012. ADDRESSES: Any person interested in commenting on this new system of records may do so by submitting written comments to the OS/NBC Privacy Act Officer, 1849 C Street NW., Mail Stop 2650 MIB, Washington, DC 20240; or emailing comments to privacy@nbc.gov. FOR FURTHER INFORMATION CONTACT: Partnerships Coordinator, Office of Youth, Partnerships and Service, Department of the Interior, 1849 C Street NW., Mail Stop 3559 MIB, Washington, DC 20240; or by telephone at 202–208– 6667. SUPPLEMENTARY INFORMATION: SUMMARY: PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\06NON1.SGM 06NON1

Agencies

[Federal Register Volume 77, Number 215 (Tuesday, November 6, 2012)]
[Notices]
[Pages 66626-66628]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-27080]


=======================================================================
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DEPARTMENT OF THE INTERIOR

[FWS-R4-FHC-2012-N254; FVHC98130406900Y4-XXX-FF04G01000]


Deepwater Horizon Oil Spill; Draft Early Restoration Plan and 
Environmental Review

AGENCY: Interior.

ACTION: Notice of availability; request for comments.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Oil Pollution Act of 1990 (OPA), the 
National Environmental Policy Act (NEPA), and the Framework Agreement 
for Early Restoration Addressing Injuries Resulting from the Deepwater 
Horizon Oil Spill, the Federal and State natural resource trustee 
agencies (Trustees) have prepared a Phase II Draft Early Restoration 
Plan and Environmental Review (DERP/ER) describing and proposing two 
additional early restoration projects intended to continue the process 
of restoring natural resources and services injured or lost as a result 
of the Deepwater Horizon oil spill, which occurred on or about April 
20, 2010, in the Gulf of Mexico. The purpose of this notice is to 
inform the public of the availability of the DERP/ER and to seek 
written comments on the proposed restoration alternative presented in 
the DERP/ER.

DATES: 
    Comments Due Date: We will consider public comments received on or 
before December 10, 2012.
    Public Meetings: A public meeting is scheduled to facilitate public 
review and comment on the DERP/ER. Both written and verbal public 
comments will be taken at the meeting. The meeting will be held on 
November 13, 2012, at the Escambia County Central Complex Building 
(a.k.a. the LEED Building), Room 104, 3363 West Park Place, Pensacola, 
Florida 32505. An open house will begin at 6:00 p.m. (central time); 
the formal meeting, including a presentation of the DERP/ER will begin 
at 7:00 p.m. (central time). A meeting notice will be posted on the web 
at www.gulfspillrestoration.noaa.gov.

ADDRESSES: 
    Obtaining Documents: You may download the DERP/ER and the framework 
agreement at https://

[[Page 66627]]

www.gulfspillrestoration.noaa.gov or https://www.doi.gov/deepwaterhorizon. You may also review hard copies of the DERP/ER at any 
of the public repositories listed at https://www.gulfspillrestoration.noaa.gov.
    Submitting Comments: You may submit comments on the DERP/ER by one 
of following methods:
     Via the Web: https://www.gulfspillrestoration.noaa.gov.
     For electronic submission of comments containing 
attachments, email: fw4coastalDERPcomments@fws.gov.
     U.S. Mail: c/o U.S. Fish and Wildlife Service, P.O. Box 
2099, Fairhope, Alabama 36533.

FOR FURTHER INFORMATION CONTACT: Brian Spears at 
fw4coastalDERPcomments@fws.gov.

SUPPLEMENTARY INFORMATION: 

Introduction

    On or about April 20, 2010, the mobile offshore drilling unit 
Deepwater Horizon, which was being used to drill a well for BP 
Exploration and Production, Inc. (BP), in the Macondo prospect 
(Mississippi Canyon 252--MC252), 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. An estimated 4.9 million barrels (210 million 
gallons) of oil were released from the well into the Gulf of Mexico 
over a period of 87 days. In addition, approximately 1.84 million 
gallons of dispersants were applied to the waters of the spill area in 
an attempt to minimize impacts from spilled oil. Affected resources 
include ecologically, recreationally, and commercially important 
species and their habitats in the Gulf of Mexico and along the coastal 
areas of Alabama, Florida, Louisiana, Mississippi, and Texas.
    Federal and State trustees (listed below) are conducting the 
natural resource damage assessment for the Deepwater Horizon oil spill 
under the Oil Pollution Act 1990 (OPA; 33 U.S.C. 2701 et seq.). 
Pursuant to OPA, federal and state agencies and Indian tribes may act 
as trustees on behalf of the public to assess natural resource injuries 
and losses and to determine the damages 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. 
The trustees have developed this DERP/ER under the Framework Agreement.
    The trustees are:
     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;
     National Oceanic and Atmospheric Administration (NOAA), on 
behalf of the
    U.S. Department of Commerce;
     U.S. Department of Agriculture (USDA);
     U.S. Department of Defense (DOD);
     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 April 20, 2011, BP agreed to provide up to $1 billion toward 
early restoration projects in the Gulf of Mexico to address injuries to 
natural resources caused by the Deepwater Horizon oil spill. This early 
restoration agreement, entitled ``Framework for Early Restoration 
Addressing Injuries Resulting from the Deepwater Horizon Oil Spill'' 
(Framework Agreement), represents a preliminary step toward the 
restoration of injured natural resources. The Framework Agreement is 
intended to expedite the start of restoration in the Gulf in advance of 
the completion of the injury assessment process. The Framework 
Agreement provides a mechanism through which the Trustees and BP can 
work together ``to commence implementation of early restoration 
projects that will provide meaningful benefits to accelerate 
restoration in the Gulf as quickly as practicable'' prior to the 
resolution of the Trustees' natural resource damages claim.
    The Trustees actively solicited public input on restoration project 
ideas through a variety of mechanisms, including public meetings, 
electronic communication, and creation of a Trustee-wide public Web 
site and database to share information and receive public project 
submissions. Their key objective in pursuing early restoration is to 
secure tangible recovery of natural resources and natural resource 
services for the public's benefit while the longer-term process of 
fully assessing injury and damages is underway. As the first step in 
this accelerated process, the Trustees released, after public review of 
a draft, a Phase I Early Restoration Plan/Environmental Assessment 
(Phase I ERP/EA) in April 2012. The Phase I ERP is currently being 
implemented.
    In a continuation of the early restoration process, the Trustees 
are proposing two additional early restoration projects to address 
response injuries from the Deepwater Horizon oil spill. These projects 
are approved in principle by BP. They address injuries to the nesting 
habitats of beach nesting birds and loggerhead sea turtles that 
resulted from response activities to the oil spill (e.g., efforts to 
prevent oil from reaching beaches and to remove oil from beaches). 
These projects address a number of specific public comments on the 
Phase I projects that requested development of additional habitat and 
wildlife-based early restoration projects.
    Because loggerhead sea turtles and beach nesting birds begin 
nesting along the Northeast Gulf coast in February, the Trustees 
recognize the need to implement these two proposed projects in a timely 
manner to be effective during the 2013 breeding season. Therefore, the 
Trustees are proposing these projects at this time while continuing to 
work with BP to develop additional restoration projects in accordance 
with the Framework Agreement. The Alternatives within this plan are not 
intended to, and do not fully, address all injuries caused by the spill 
or provide the extent of restoration needed to satisfy claims against 
BP.

Overview of the Draft ERP/ER

Draft Early Restoration Plan Alternatives, Including Our Proposed 
Alternative

    The Draft ERP/ER is being released in accordance with the Oil 
Pollution Act, the Natural Resources Damage Assessment (NRDA) 
regulations found in the Code of Federal Regulations (CFR) at 15 CFR 
part 990, the National Environmental Policy Act (42 U.S.C. 4321 et 
seq.), and the Framework for Early Restoration Addressing Injuries 
Resulting from the Deepwater Horizon Oil Spill. It describes two early 
restoration alternatives: No Action--Natural Recovery (required for 
consideration by OPA) and Proposed

[[Page 66628]]

Action--Proposed Early Restoration Projects. Under the No Action 
alternative, the trustees would not implement early restoration 
projects as described in this Draft ERP/ER. Rather, the No Action 
approach would result in delaying protection and improvement of 
important nesting habitats injured by the oil spill.
    Under the Proposed Action, the Trustees are considering two 
projects that meet the selection criteria, which are also described in 
the Draft ERP/ER.

Proposed Action--Proposed Early Restoration Projects

    The proposed restoration projects are intended to protect and 
enhance beach nesting habitats used by birds and sea turtles by, among 
other things, protecting bird nesting habitat with symbolic fencing and 
signs and reducing the presence of harmful lighting on certain beaches 
as described in the plan. The proposed projects are: (1) Comprehensive 
Program for Enhanced Management of Avian Breeding Habitat Injured by 
Response in the Florida Panhandle, Alabama, and Mississippi; and (2) 
Improving Habitat Injured by Spill Response: Restoring the Night Sky. 
Each of these projects will benefit coastal nesting habitats injured by 
response to the Deepwater Horizon oil spill.

Next Step

    After the public comment period ends, the Trustees will analyze and 
address the comments and will consider all input received before an 
ERP/ER is finalized. As described above, a public meeting is scheduled 
to facilitate the public review and comment process. During public 
review and subsequent revision of the ERP/ER, negotiations with BP will 
be completed and approved projects will proceed to implementation, 
pending compliance with all applicable state and federal laws.

Public Availability of Comments

    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. While you can ask 
us in your comment to withhold your personal identifying information 
from public review, we cannot guarantee that we will be able to do so.

Administrative Record

    The documents comprising the Administrative Record can be viewed 
electronically at the following location: https://www.doi.gov/deepwaterhorizon.

Author

    The primary author of this notice is Jim Haas (james_haas@nps.gov).

Authority

    The authority of this action is the Oil Pollution Act of 1990 (33 
U.S.C. 2701 et seq.), the implementing Natural Resource Damage 
Assessment regulations found at 15 CFR part 990, and the Framework 
Agreement for Addressing Injuries Resulting from the Deepwater Horizon 
Oil Spill.

Cynthia K. Dohner,
DOI Authorized Official.
[FR Doc. 2012-27080 Filed 11-5-12; 8:45 am]
BILLING CODE 4310-55-P
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