Deepwater Horizon Oil Spill; Notice of Intent To Conduct Strategic Restoration Planning That Considers Existing Projects for Barataria Bay, Louisiana and To Initiate Restoration Planning With Regard to the Mid-Barataria Sediment Diversion, 19659-19661 [2017-08591]
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Federal Register / Vol. 82, No. 81 / Friday, April 28, 2017 / Notices
Dated: April 24, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
• Coniferous lumber stacked on edge and
fastened together with nails, whether or not
with plywood sheathing.
• Components or parts of semi-finished or
unassembled finished products made from
subject merchandise that would otherwise
meet the definition of the scope above.
Softwood lumber product imports are
generally entered under Chapter 44 of the
Harmonized Tariff Schedule of the United
States (‘‘HTSUS’’). This chapter of the
HTSUS covers ‘‘Wood and articles of wood.’’
Softwood lumber products that are subject to
this investigation are currently classifiable
under the following ten-digit HTSUS
subheadings in Chapter 44: 4407.10.01.01;
4407.10.01.02; 4407.10.01.15; 4407.10.01.16;
4407.10.01.17; 4407.10.01.18; 4407.10.01.19;
4407.10.01.20; 4407.10.01.42; 4407.10.01.43;
4407.10.01.44; 4407.10.01.45; 4407.10.01.46;
4407.10.01.47; 4407.10.01.48; 4407.10.01.49;
4407.10.01.52; 4407.10.01.53; 4407.10.01.54;
4407.10.01.55; 4407.10.01.56; 4407.10.01.57;
4407.10.01.58; 4407.10.01.59; 4407.10.01.64;
4407.10.01.65; 4407.10.01.66; 4407.10.01.67;
4407.10.01.68; 4407.10.01.69; 4407.10.01.74;
4407.10.01.75; 4407.10.01.76; 4407.10.01.77;
4407.10.01.82; 4407.10.01.83; 4407.10.01.92;
4407.10.01.93; 4409.10.05.00; 4409.10.10.20;
4409.10.10.40; 4409.10.10.60; 4409.10.10.80;
4409.10.20.00; 4409.10.90.20; 4409.10.90.40;
and 4418.90.25.00.
Subject merchandise as described above
may also be classified as stringers, square cut
box-spring-frame components, fence pickets,
truss components, pallet components,
flooring, and door and window frame parts
under the following ten-digit HTSUS
subheadings in Chapter 44: 4415.20.40.00;
4415.20.80.00; 4418.90.46.05; 4418.90.46.20;
4418.90.46.40; 4418.90.46.95; 4421.90.70.40;
4421.90.94.00; and 4421.90.97.80.
Although these HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
scope of the investigation is dispositive.
Appendix I
Appendix II
Scope of the Investigation
List of Topics Discussed in the Preliminary
Decision Memorandum
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce within 30 days after the date
of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, the
Department intends to hold the hearing
at the U.S. Department of Commerce,
1401 Constitution Avenue NW.,
Washington, DC 20230, at a time and
date to be determined and interested
parties will be notified by the
Department, via letter. Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
International Trade Commission
Notification
In accordance with section 703(f) of
the Act, the Department will notify the
International Trade Commission (ITC) of
its determination. If the final
determination is affirmative, the ITC
will determine before the later of 120
days after the date of this preliminary
determination or 45 days after the final
determination.
Notification to Interested Parties
asabaliauskas on DSK3SPTVN1PROD with NOTICES
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act and 19 CFR
351.205(c).
The merchandise covered by this
investigation is softwood lumber, siding,
flooring and certain other coniferous wood
(‘‘softwood lumber products’’). The scope
includes:
• Coniferous wood, sawn, or chipped
lengthwise, sliced or peeled, whether or not
planed, whether or not sanded, or whether or
not finger-jointed, of an actual thickness
exceeding six millimeters.
• Coniferous wood siding, flooring, and
other coniferous wood (other than moldings
and dowel rods), including strips and friezes
for parquet flooring, that is continuously
shaped (including, but not limited to,
tongued, grooved, rebated, chamfered, Vjointed, beaded, molded, rounded) along any
of its edges, ends, or faces, whether or not
planed, whether or not sanded, or whether or
not end-jointed.
• Coniferous drilled and notched lumber
and angle cut lumber.
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I. Summary
II. Background
III. Scope Comments and Requests for
Exclusion
IV. Scope of the Investigation
V. Subsidies Valuation
VI. Analysis of Programs
VII. Calculation of the All-Others Rate
VIII. ITC Notification
IX. Disclosure and Public Comment
X. Verification
XI. Conclusion
[FR Doc. 2017–08673 Filed 4–27–17; 8:45 am]
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19659
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XE201
Deepwater Horizon Oil Spill; Notice of
Intent To Conduct Strategic
Restoration Planning That Considers
Existing Projects for Barataria Bay,
Louisiana and To Initiate Restoration
Planning With Regard to the MidBarataria Sediment Diversion
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of intent to prepare a
Strategic Restoration Plan for Barataria
Basin, Louisiana, and to initiate
restoration planning with regard to the
Mid-Barataria Sediment Diversion.
AGENCY:
NOAA, on behalf of the
Federal and state natural resource
trustees for the Louisiana Trustee
Implementation Group (Louisiana TIG
Trustees) for the Deepwater Horizon
(DWH) oil spill, is initiating two actions
with this notice.
First, the Louisiana TIG Trustees are
announcing their intent to prepare a
Strategic Restoration Plan for Barataria
Basin, Louisiana, pursuant to the
Deepwater Horizon Programmatic
Damage Assessment and Restoration
Plan and Programmatic Environmental
Impact Statement (PDARP/PEIS) (Feb
2016). This Barataria Basin Strategic
Restoration Plan, referred to herein as
the Phase I Plan, will consider
identifying habitat restoration
components of the Louisiana Draft 2017
Coastal Master Plan (draft 2017 CMP) to
serve as an Oil Pollution Act (OPA)
Strategic Restoration Plan for restoring
wetland, coastal, and nearshore habitat
in Barataria Basin, Louisiana, consistent
with OPA and with the Trustees’
PDARP/PEIS. The Louisiana TIG
Trustees will consider whether a
combination of Barataria Basin habitat
restoration projects in the draft 2017
CMP constitutes a preferred alternative,
among other feasible alternatives, for
fulfilling OPA’s and the PDARP/PEIS’s
intent for the trustees to address
ecosystem-level injuries and to restore,
rehabilitate, replace, or acquire the
equivalent of the injured wetland,
coastal and nearshore habitat resources
and services and compensate for interim
losses of those resources from the
Deepwater Horizon oil spill. Any
projects or suites of projects that are
ultimately included in the resulting
Strategic Restoration Plan will be
further analyzed in subsequent phased
SUMMARY:
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restoration plans and their
accompanying environmental impact
analyses as required by OPA, NEPA,
and the Trustees’ PDARP/PEIS.
Second, the Louisiana TIG Trustees
are providing notice of the initiation of
restoration planning, including analysis
of the Mid-Barataria Sediment Diversion
and appropriate alternatives to partially
restore ecosystem and wetland, coastal
and nearshore habitat resources and
services in Barataria Basin, and
compensate for interim losses of those
resources and services, injured by the
Deepwater Horizon oil spill. This
potential Mid-Barataria Sediment
Diversion Restoration Plan is referred to
herein as the Phase 2 Plan. The
Louisiana TIG Trustees are evaluating
whether the Mid-Barataria Sediment
Diversion is an appropriate project for
restoring injuries from the Deepwater
Horizon oil spill, and the Louisiana TIG
Trustees anticipate that their decision in
that regard will be informed by the
results of the Phase 1 Plan. Further, by
separate Supplemental Notice of Intent,
the U.S. Army Corps of Engineers
(USACE) is announcing its intent, as
part of its review under section 404 of
the Clean Water Act, section 10 of the
Rivers and Harbors Act of 1899
(‘‘Section 10/404’’), and section 408 of
the Rivers and Harbors Appropriation
Act of 1899, as amended (‘‘Section
408’’), to prepare a draft Environmental
Impact Statement (‘‘EIS’’) pursuant to
the National Environmental Policy Act
of 1969 (NEPA). USACE will use the
EIS, in conjunction with other relevant
materials, to inform decision-making on
the Department of the Army, section 10/
404 and section 408 requests for permits
and permissions for the Mid-Barataria
Sediment Diversion. In order to
capitalize on that ongoing
environmental review, the Louisiana
TIG Trustees are, at this time, requesting
input on the scope of the USACE EIS via
the process outlined in the coordinated
USACE NOI. The LA TIG is supporting
the development of the USACE EIS with
the potential for the EIS to serve as the
EIS for the Phase 2 Restoration Plan.
The Louisiana TIG Trustees will
additionally seek formal public
involvement in the Phase 2 Draft
Restoration Plan process in accordance
with applicable Federal regulations and
consistent with the PDARP/PEIS.
DATES: The date, time, and location of
the formal public comment portion of
this scoping period for the USACE EIS
are yet to be determined. This
information will be made available to
the public on the DWH Trustees’
Louisiana TIG Web page, (https://
www.gulfspillrestoration.noaa.gov/
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restoration-areas/louisiana), the
USACE–MVN’s Web page (https://
www.mvn.usace.army.mil/Missions/
Regulatory/Permits/Mid-BaratariaSediment-Diversion-EIS/), and via a
future Federal Register notice. The
Louisiana TIG Trustees will additionally
seek formal public involvement in the
Phase 2 Draft Restoration Planning
process in accordance with applicable
federal regulations and consistent with
the PDARP/PEIS. The date, time, and
location of the formal public
involvement period for the Phase 2
Restoration Plan process are yet to be
determined. This information will be
made available to the public via a future
Federal Register notice and on the DWH
Trustees’ Louisiana TIG Web page,
(https://www.gulfspillrestoration
.noaa.gov/restoration-areas/louisiana).
FOR FURTHER INFORMATION CONTACT:
• NOAA: Mel Landry,
gulfspill.restoration@noaa.gov.
• LOUISIANA: Liz Williams, LATIG@
la.gov.
SUPPLEMENTARY INFORMATION:
Background
On 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), exploded, caught fire and
subsequently sank in the Gulf of
Mexico, resulting in an unprecedented
volume of oil and other discharges from
the rig and from the wellhead on the
seabed. The Deepwater Horizon oil spill
is the largest oil spill in U.S. history,
discharging millions of barrels of oil
over a period of 87 days. In addition,
well over one million gallons of
dispersants were applied to the waters
of the spill area in an attempt to
disperse the spilled oil. An
undetermined amount of natural gas
was also released to the environment as
a result of the spill.
The Deepwater Horizon State and
Federal natural resource trustees (DWH
Trustees) conducted the natural
resource damage assessment (NRDA) 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 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
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injured natural resources under their
trusteeship, including the loss of use
and services from those resources 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.
Upon completion of the NRDA, the
DWH Trustees reached and finalized a
settlement of their natural resource
damage claims with BP in a Consent
Decree 1 approved by the United States
District Court for the Eastern District of
Louisiana. Pursuant to that Consent
Decree, restoration projects in Louisiana
are now chosen and managed by the
Louisiana TIG. The Louisiana TIG is
composed of the following Trustees:
• U.S. Department of the Interior, as
represented by the National Park
Service, U.S. Fish and Wildlife Service,
and Bureau of Land Management;
• National Oceanic and Atmospheric
Administration, on behalf of the U.S.
Department of Commerce;
• U.S. Department of Agriculture;
• U.S. Environmental Protection
Agency;
• Louisiana Coastal Protection and
Restoration Authority;
• Louisiana Department of Natural
Resources;
• Louisiana Department of
Environmental Quality;
• Louisiana Oil Spill Coordinator’s
Office; and
• Louisiana Department of Wildlife
and Fisheries.
These restoration planning activities
are proceeding in accordance with the
PDARP/PEIS. Information on the
Restoration Type: Restore Wetlands,
Coastal, and Nearshore Habitats, as well
as the OPA criteria against which
projects will be evaluated, can be found
in the PDARP/PEIS (https://
www.gulfspillrestoration.noaa.gov/
restoration-planning/gulf-plan) and in
the Overview of the PDARP/PEIS
(https://www.gulfspillrestoration
.noaa.gov/restoration-planning/gulfplan).
Overview of Action
The first action taken in this Notice is
to inform the public that the Louisiana
TIG Trustees intend to prepare a
Strategic Restoration Plan for Barataria
Basin pursuant to the PDARP/PEIS and
OPA. The Trustees intend to consider
the use of wetlands, coastal and
nearshore habitat projects or suites of
projects from the Draft 2017 CMP as the
basis for that Strategic Restoration Plan.
Those Draft 2017 CMP projects will be
1 https://www.justice.gov/enrd/file/838066/
download.
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evaluated under applicable authorities
in comparison to other feasible
alternatives for restoring wetland,
coastal and nearshore habitat and
services injured by the Deepwater
Horizon oil spill.
The PDARP/PEIS provides TIGs the
option to prepare strategic restoration
plans ‘‘to focus and sequence priorities
within a Restoration Area’’ and to
‘‘consider resources at the ecosystem
level, while implementing restoration at
the local level.’’ (PDARP Section 7.3.1).
In addition, the NRDA implementing
regulations specifically allow trustees to
consider the use of existing projects (15
CFR 990.56), such as those identified in
the draft 2017 CMP. The Louisiana TIG
is proposing that this Strategic
Restoration Plan will focus on wetland,
coastal, and nearshore habitat
restoration type projects in the Barataria
Basin restoration area because the
PDARP/PEIS found that Barataria Basin
experienced some of the heaviest and
persistent oiling from the DWH spill
and because the Basin supports very
high primary and secondary production
that contributes to the overall health of
the northern Gulf of Mexico ecosystem.
The Louisiana TIG anticipates that the
Strategic Restoration Plan for Barataria
Basin will select for further funding and
development most, if not all, of the
remaining projects applicable under the
‘‘Wetlands, Coastal, and Nearshore
Habitats’’ Restoration Type to be
implemented in the Barataria Basin by
the Louisiana TIG under the PDARP/
PEIS. Developing such a strategic plan
for much of Barataria Basin restoration
for this Restoration Type will allow the
Louisiana TIG to identify a suite of
projects that, taken together, best
achieve the ‘‘integrated ecosystem
restoration’’ called for in Chapter 5 of
the PDARP/PEIS. A decision in the
strategic plan to fund further
development of projects will not be a
final decision by the Louisiana TIG to
proceed with implementation of those
projects. Information about the
‘‘Wetlands, Coastal, and Nearshore
Habitats’’ Restoration Type as well as
the OPA criteria against which projects
will be evaluated can be found in the
PDARP/PEIS.
The second action taken in this Notice
is to inform the public of the Louisiana
TIG Trustees’ initiation of restoration
planning, which will include the
preparation of a restoration plan (the
Phase 2 Plan) that evaluates the MidBarataria Sediment Diversion project as
a means of restoring injured wetland,
coastal and nearshore resources and
services in Barataria Basin to restore for
injuries resulting from the Deepwater
Horizon oil spill. The Louisiana TIG
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17:38 Apr 27, 2017
Jkt 241001
began this restoration planning effort on
March 28, 2017, by requesting project
ideas from the public. At that time, the
Louisiana TIG requested project ideas
that could benefit wetlands, coastal, and
nearshore habitats in the Barataria
Basin, the estuary most heavily
impacted by the DWH oil spill. That
notice was published on the Louisiana
TIG Web site: (https://
www.gulfspillrestoration.noaa.gov/
restoration-areas/louisiana).
The Mid-Barataria Sediment
Diversion, a large-scale sediment
diversion, is one of the projects
proposed in the Draft 2017 CMP. While
the Louisiana TIG Trustees have not yet
decided to move forward with a
restoration plan for a Mid-Barataria
Sediment Diversion, the project
currently is undergoing engineering and
design and supplemental scoping for
preparation of an EIS, led by the USACE
based on permit applications submitted
by the Louisiana Coastal Protection and
Restoration Authority pursuant to the
provisions of section 404 of the Clean
Water Act, section 10 of the Rivers and
Harbors Appropriation Act of 1899, and
section 14 of the Rivers and Harbors
Appropriation Act of 1899, as amended.
To facilitate the potential consideration
of this project under OPA, it is the
intent of the state and Federal Louisiana
TIG Trustees to assist the USACE in the
preparation of the EIS for the MidBarataria Sediment Diversion. In
addition, the Federal Louisiana TIG
Trustees are cooperating agencies with
the USACE for the preparation of that
EIS. In a coordinated Federal Register
notice, the USACE is issuing a
supplemental Notice of Intent regarding
the scope of the EIS for the project,
including the potential for the EIS to
inform a NRDA decision on restoration
planning in which case the Louisiana
TIG Trustees would adopt the EIS for
such purposes. The Louisiana TIG is
seeking to facilitate public involvement
regarding the EIS, and encourages
interested person and entities to submit
comments in response to the USACE
EIS process regarding the Mid-Barataria
Sediment Diversion.
Next Steps
With regard to the Phase 1 Plan, the
Louisiana TIG Trustees will proceed
with consideration of whether a
combination of projects in the Draft
2017 CMP provides a basis for a
Strategic Restoration Plan for Barataria
Basin.
With regard to the potential Phase 2
Plan, the Louisiana TIG Trustees will
review all public input received as part
of the USACE’s scoping process for the
preparation of an EIS for the proposed
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19661
Mid-Barataria Sediment Diversion
project as the Trustees work with the
USACE to prepare an EIS that supports
both the USACE regulatory decisions
and OPA restoration planning decisions.
The Louisiana TIG Trustees will
additionally seek formal public
involvement in the Phase 2 Draft
Restoration Plan process in accordance
with applicable federal regulations and
consistent with the PDARP/PEIS.
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 Notice of Intent (NOI) to
Begin Restoration Scoping and Prepare
a Gulf Spill Restoration Planning PEIS
(pursuant to 15 CFR 990.45). The
Administrative Record includes the
relevant administrative records since its
date of inception. This Administrative
Record is actively maintained and
available for public review.
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
and NEPA (42 U.S.C. 4321 et seq.).
Dated: April 21, 2017.
Carrie Selberg,
Deputy Director, Office of Habitat
Conservation, National Marine Fisheries
Service.
[FR Doc. 2017–08591 Filed 4–27–17; 8:45 am]
BILLING CODE 3510–22–P
COMMITTEE FOR PURCHASE FROM
PEOPLE WHO ARE BLIND OR
SEVERELY DISABLED
Procurement List; Deletion
Committee for Purchase From
People Who Are Blind or Severely
Disabled.
ACTION: Deletion from the Procurement
List.
AGENCY:
This action deletes a product
from the Procurement List previously
furnished by a nonprofit agency
employing persons who are blind or
have other severe disabilities.
DATES: Effective May 28, 2017.
ADDRESSES: Committee for Purchase
From People Who Are Blind or Severely
SUMMARY:
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]]>Agencies
[Federal Register Volume 82, Number 81 (Friday, April 28, 2017)]
[Notices]
[Pages 19659-19661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08591]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XE201
Deepwater Horizon Oil Spill; Notice of Intent To Conduct
Strategic Restoration Planning That Considers Existing Projects for
Barataria Bay, Louisiana and To Initiate Restoration Planning With
Regard to the Mid-Barataria Sediment Diversion
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of intent to prepare a Strategic Restoration Plan for
Barataria Basin, Louisiana, and to initiate restoration planning with
regard to the Mid-Barataria Sediment Diversion.
-----------------------------------------------------------------------
SUMMARY: NOAA, on behalf of the Federal and state natural resource
trustees for the Louisiana Trustee Implementation Group (Louisiana TIG
Trustees) for the Deepwater Horizon (DWH) oil spill, is initiating two
actions with this notice.
First, the Louisiana TIG Trustees are announcing their intent to
prepare a Strategic Restoration Plan for Barataria Basin, Louisiana,
pursuant to the Deepwater Horizon Programmatic Damage Assessment and
Restoration Plan and Programmatic Environmental Impact Statement
(PDARP/PEIS) (Feb 2016). This Barataria Basin Strategic Restoration
Plan, referred to herein as the Phase I Plan, will consider identifying
habitat restoration components of the Louisiana Draft 2017 Coastal
Master Plan (draft 2017 CMP) to serve as an Oil Pollution Act (OPA)
Strategic Restoration Plan for restoring wetland, coastal, and
nearshore habitat in Barataria Basin, Louisiana, consistent with OPA
and with the Trustees' PDARP/PEIS. The Louisiana TIG Trustees will
consider whether a combination of Barataria Basin habitat restoration
projects in the draft 2017 CMP constitutes a preferred alternative,
among other feasible alternatives, for fulfilling OPA's and the PDARP/
PEIS's intent for the trustees to address ecosystem-level injuries and
to restore, rehabilitate, replace, or acquire the equivalent of the
injured wetland, coastal and nearshore habitat resources and services
and compensate for interim losses of those resources from the Deepwater
Horizon oil spill. Any projects or suites of projects that are
ultimately included in the resulting Strategic Restoration Plan will be
further analyzed in subsequent phased
[[Page 19660]]
restoration plans and their accompanying environmental impact analyses
as required by OPA, NEPA, and the Trustees' PDARP/PEIS.
Second, the Louisiana TIG Trustees are providing notice of the
initiation of restoration planning, including analysis of the Mid-
Barataria Sediment Diversion and appropriate alternatives to partially
restore ecosystem and wetland, coastal and nearshore habitat resources
and services in Barataria Basin, and compensate for interim losses of
those resources and services, injured by the Deepwater Horizon oil
spill. This potential Mid-Barataria Sediment Diversion Restoration Plan
is referred to herein as the Phase 2 Plan. The Louisiana TIG Trustees
are evaluating whether the Mid-Barataria Sediment Diversion is an
appropriate project for restoring injuries from the Deepwater Horizon
oil spill, and the Louisiana TIG Trustees anticipate that their
decision in that regard will be informed by the results of the Phase 1
Plan. Further, by separate Supplemental Notice of Intent, the U.S. Army
Corps of Engineers (USACE) is announcing its intent, as part of its
review under section 404 of the Clean Water Act, section 10 of the
Rivers and Harbors Act of 1899 (``Section 10/404''), and section 408 of
the Rivers and Harbors Appropriation Act of 1899, as amended (``Section
408''), to prepare a draft Environmental Impact Statement (``EIS'')
pursuant to the National Environmental Policy Act of 1969 (NEPA). USACE
will use the EIS, in conjunction with other relevant materials, to
inform decision-making on the Department of the Army, section 10/404
and section 408 requests for permits and permissions for the Mid-
Barataria Sediment Diversion. In order to capitalize on that ongoing
environmental review, the Louisiana TIG Trustees are, at this time,
requesting input on the scope of the USACE EIS via the process outlined
in the coordinated USACE NOI. The LA TIG is supporting the development
of the USACE EIS with the potential for the EIS to serve as the EIS for
the Phase 2 Restoration Plan. The Louisiana TIG Trustees will
additionally seek formal public involvement in the Phase 2 Draft
Restoration Plan process in accordance with applicable Federal
regulations and consistent with the PDARP/PEIS.
DATES: The date, time, and location of the formal public comment
portion of this scoping period for the USACE EIS are yet to be
determined. This information will be made available to the public on
the DWH Trustees' Louisiana TIG Web page, (https://www.gulfspillrestoration.noaa.gov/restoration-areas/louisiana), the
USACE-MVN's Web page (https://www.mvn.usace.army.mil/Missions/Regulatory/Permits/Mid-Barataria-Sediment-Diversion-EIS/), and via a
future Federal Register notice. The Louisiana TIG Trustees will
additionally seek formal public involvement in the Phase 2 Draft
Restoration Planning process in accordance with applicable federal
regulations and consistent with the PDARP/PEIS. The date, time, and
location of the formal public involvement period for the Phase 2
Restoration Plan process are yet to be determined. This information
will be made available to the public via a future Federal Register
notice and on the DWH Trustees' Louisiana TIG Web page, (https://www.gulfspillrestoration.noaa.gov/restoration-areas/louisiana).
FOR FURTHER INFORMATION CONTACT: NOAA: Mel Landry,
gulfspill.restoration@noaa.gov.
LOUISIANA: Liz Williams, LATIG@la.gov.
SUPPLEMENTARY INFORMATION:
Background
On 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), exploded, caught fire and subsequently sank in the Gulf of
Mexico, resulting in an unprecedented volume of oil and other
discharges from the rig and from the wellhead on the seabed. The
Deepwater Horizon oil spill is the largest oil spill in U.S. history,
discharging millions of barrels of oil over a period of 87 days. In
addition, well over one million gallons of dispersants were applied to
the waters of the spill area in an attempt to disperse the spilled oil.
An undetermined amount of natural gas was also released to the
environment as a result of the spill.
The Deepwater Horizon State and Federal natural resource trustees
(DWH Trustees) conducted the natural resource damage assessment (NRDA)
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 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 and services from those resources 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.
Upon completion of the NRDA, the DWH Trustees reached and finalized
a settlement of their natural resource damage claims with BP in a
Consent Decree \1\ approved by the United States District Court for the
Eastern District of Louisiana. Pursuant to that Consent Decree,
restoration projects in Louisiana are now chosen and managed by the
Louisiana TIG. The Louisiana TIG is composed of the following Trustees:
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\1\ https://www.justice.gov/enrd/file/838066/download.
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U.S. Department of the Interior, as represented by the
National Park Service, U.S. Fish and Wildlife Service, and Bureau of
Land Management;
National Oceanic and Atmospheric Administration, on behalf
of the U.S. Department of Commerce;
U.S. Department of Agriculture;
U.S. Environmental Protection Agency;
Louisiana Coastal Protection and Restoration Authority;
Louisiana Department of Natural Resources;
Louisiana Department of Environmental Quality;
Louisiana Oil Spill Coordinator's Office; and
Louisiana Department of Wildlife and Fisheries.
These restoration planning activities are proceeding in accordance
with the PDARP/PEIS. Information on the Restoration Type: Restore
Wetlands, Coastal, and Nearshore Habitats, as well as the OPA criteria
against which projects will be evaluated, can be found in the PDARP/
PEIS (https://www.gulfspillrestoration.noaa.gov/restoration-planning/gulf-plan) and in the Overview of the PDARP/PEIS (https://www.gulfspillrestoration.noaa.gov/restoration-planning/gulf-plan).
Overview of Action
The first action taken in this Notice is to inform the public that
the Louisiana TIG Trustees intend to prepare a Strategic Restoration
Plan for Barataria Basin pursuant to the PDARP/PEIS and OPA. The
Trustees intend to consider the use of wetlands, coastal and nearshore
habitat projects or suites of projects from the Draft 2017 CMP as the
basis for that Strategic Restoration Plan. Those Draft 2017 CMP
projects will be
[[Page 19661]]
evaluated under applicable authorities in comparison to other feasible
alternatives for restoring wetland, coastal and nearshore habitat and
services injured by the Deepwater Horizon oil spill.
The PDARP/PEIS provides TIGs the option to prepare strategic
restoration plans ``to focus and sequence priorities within a
Restoration Area'' and to ``consider resources at the ecosystem level,
while implementing restoration at the local level.'' (PDARP Section
7.3.1). In addition, the NRDA implementing regulations specifically
allow trustees to consider the use of existing projects (15 CFR
990.56), such as those identified in the draft 2017 CMP. The Louisiana
TIG is proposing that this Strategic Restoration Plan will focus on
wetland, coastal, and nearshore habitat restoration type projects in
the Barataria Basin restoration area because the PDARP/PEIS found that
Barataria Basin experienced some of the heaviest and persistent oiling
from the DWH spill and because the Basin supports very high primary and
secondary production that contributes to the overall health of the
northern Gulf of Mexico ecosystem.
The Louisiana TIG anticipates that the Strategic Restoration Plan
for Barataria Basin will select for further funding and development
most, if not all, of the remaining projects applicable under the
``Wetlands, Coastal, and Nearshore Habitats'' Restoration Type to be
implemented in the Barataria Basin by the Louisiana TIG under the
PDARP/PEIS. Developing such a strategic plan for much of Barataria
Basin restoration for this Restoration Type will allow the Louisiana
TIG to identify a suite of projects that, taken together, best achieve
the ``integrated ecosystem restoration'' called for in Chapter 5 of the
PDARP/PEIS. A decision in the strategic plan to fund further
development of projects will not be a final decision by the Louisiana
TIG to proceed with implementation of those projects. Information about
the ``Wetlands, Coastal, and Nearshore Habitats'' Restoration Type as
well as the OPA criteria against which projects will be evaluated can
be found in the PDARP/PEIS.
The second action taken in this Notice is to inform the public of
the Louisiana TIG Trustees' initiation of restoration planning, which
will include the preparation of a restoration plan (the Phase 2 Plan)
that evaluates the Mid-Barataria Sediment Diversion project as a means
of restoring injured wetland, coastal and nearshore resources and
services in Barataria Basin to restore for injuries resulting from the
Deepwater Horizon oil spill. The Louisiana TIG began this restoration
planning effort on March 28, 2017, by requesting project ideas from the
public. At that time, the Louisiana TIG requested project ideas that
could benefit wetlands, coastal, and nearshore habitats in the
Barataria Basin, the estuary most heavily impacted by the DWH oil
spill. That notice was published on the Louisiana TIG Web site: (https://www.gulfspillrestoration.noaa.gov/restoration-areas/louisiana).
The Mid-Barataria Sediment Diversion, a large-scale sediment
diversion, is one of the projects proposed in the Draft 2017 CMP. While
the Louisiana TIG Trustees have not yet decided to move forward with a
restoration plan for a Mid-Barataria Sediment Diversion, the project
currently is undergoing engineering and design and supplemental scoping
for preparation of an EIS, led by the USACE based on permit
applications submitted by the Louisiana Coastal Protection and
Restoration Authority pursuant to the provisions of section 404 of the
Clean Water Act, section 10 of the Rivers and Harbors Appropriation Act
of 1899, and section 14 of the Rivers and Harbors Appropriation Act of
1899, as amended. To facilitate the potential consideration of this
project under OPA, it is the intent of the state and Federal Louisiana
TIG Trustees to assist the USACE in the preparation of the EIS for the
Mid-Barataria Sediment Diversion. In addition, the Federal Louisiana
TIG Trustees are cooperating agencies with the USACE for the
preparation of that EIS. In a coordinated Federal Register notice, the
USACE is issuing a supplemental Notice of Intent regarding the scope of
the EIS for the project, including the potential for the EIS to inform
a NRDA decision on restoration planning in which case the Louisiana TIG
Trustees would adopt the EIS for such purposes. The Louisiana TIG is
seeking to facilitate public involvement regarding the EIS, and
encourages interested person and entities to submit comments in
response to the USACE EIS process regarding the Mid-Barataria Sediment
Diversion.
Next Steps
With regard to the Phase 1 Plan, the Louisiana TIG Trustees will
proceed with consideration of whether a combination of projects in the
Draft 2017 CMP provides a basis for a Strategic Restoration Plan for
Barataria Basin.
With regard to the potential Phase 2 Plan, the Louisiana TIG
Trustees will review all public input received as part of the USACE's
scoping process for the preparation of an EIS for the proposed Mid-
Barataria Sediment Diversion project as the Trustees work with the
USACE to prepare an EIS that supports both the USACE regulatory
decisions and OPA restoration planning decisions. The Louisiana TIG
Trustees will additionally seek formal public involvement in the Phase
2 Draft Restoration Plan process in accordance with applicable federal
regulations and consistent with the PDARP/PEIS.
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 Notice
of Intent (NOI) to Begin Restoration Scoping and Prepare a Gulf Spill
Restoration Planning PEIS (pursuant to 15 CFR 990.45). The
Administrative Record includes the relevant administrative records
since its date of inception. This Administrative Record is actively
maintained and available for public review.
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 and NEPA (42 U.S.C. 4321 et seq.).
Dated: April 21, 2017.
Carrie Selberg,
Deputy Director, Office of Habitat Conservation, National Marine
Fisheries Service.
[FR Doc. 2017-08591 Filed 4-27-17; 8:45 am]
BILLING CODE 3510-22-P
