Deepwater Horizon Oil Spill Louisiana Trustee Implementation Group Final Phase 2 Restoration Plan/Environmental Assessment #7.1: Terrebonne HNC Island Restoration Project; and Finding of No Significant Impact, 72507-72508 [2022-25724]

Download as PDF Federal Register / Vol. 87, No. 226 / Friday, November 25, 2022 / Notices Estimated Completion Time per Response: Varies from 15 minutes to 2 hours. Total Estimated Number of Annual Burden Hours: 81,899. Respondent’s Obligation: Required to Obtain or Retain a Benefit. Frequency of Collection: In general, once per approval per lease. Some collections occur upon request for modification or assignment or upon a trespass violation, which occur, on average, fewer than once per lease. Additionally, rent payments occur, on average, once per month. Total Estimated Annual Non-hour Burden Cost: $1,813,000. An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The authority for this action is the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq). Steven Mullen, Information Collection Clearance Officer, Office of Regulatory Affairs and Collaborative Action—Indian Affairs. [FR Doc. 2022–25633 Filed 11–23–22; 8:45 am] BILLING CODE 4337–15–P DEPARTMENT OF THE INTERIOR [FWS–R4–ES–2022–N050; FVHC98220410150–XXX–FF04H00000] Deepwater Horizon Oil Spill Louisiana Trustee Implementation Group Final Phase 2 Restoration Plan/ Environmental Assessment #7.1: Terrebonne HNC Island Restoration Project; and Finding of No Significant Impact Department of the Interior. Notice of availability. AGENCY: ACTION: In accordance with the Oil Pollution Act of 1990 (OPA), the National Environmental Policy Act of 1969 (NEPA), the Deepwater Horizon Oil Spill Final Programmatic Damage Assessment Restoration Plan and Final Programmatic Environmental Impact Statement (Final PDARP/PEIS), Record of Decision (ROD) and the Consent Decree, the Federal and State natural resource trustee agencies for the Louisiana Trustee Implementation Group (LA TIG) have prepared the Final Phase 2 Restoration Plan/Environmental Assessment #7.1: Terrebonne HNC Island Restoration Project (Final RP/EA #7.1) and Finding of No Significant Impact (FONSI). The Terrebonne HNC Restoration Project (HNC Island project) was approved for engineering and khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:43 Nov 23, 2022 Jkt 259001 design (E&D) in a 2020 restoration plan entitled Louisiana Trustee Implementation Group Final Restoration Plan #7: Wetlands, Coastal, and Nearshore Habitats and Birds (RP/ EA #7). In the Final RP/EA #7.1, the LA TIG analyzes a reasonable range of design alternatives for the HNC Island project and selects design alternative 7A for construction, under the ‘‘Birds’’ restoration type. A No Action alternative is also analyzed for the project. The purpose of this notice is to inform the public of the availability of the Final RP/EA #7.1 and FONSI. ADDRESSES: Obtaining Documents: You may download the Final RP/EA #7.1 at https://www.gulfspillrestoration. noaa.gov/restoration-areas/louisiana. FOR FURTHER INFORMATION CONTACT: Nanciann Regalado, at nanciann_ regalado@fws.gov or 678–296–6805. Individuals in the United States who are deaf, deafblind, hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications relay services. Individuals outside the United States should use the relay services offered within their country to make international calls to the point-ofcontact in the United States. SUPPLEMENTARY INFORMATION: Introduction On April 20, 2010, the mobile offshore drilling unit Deepwater Horizon (DWH), 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 an unprecedented volume of oil and other discharges from the rig and from the wellhead on the seabed. The DWH oil spill is the largest offshore oil spill in U.S. history, discharging millions of barrels of oil over a period of 87 days. In addition, well over 1 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 into the environment as a result of the spill. The Trustees conducted the natural resource damage assessment (NRDA) for the DWH 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. The OPA further instructs PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 72507 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 to baseline (the resource quality and conditions that would exist if the spill had not occurred). This includes the loss of use and services provided by those resources from the time of injury until the completion of restoration. The DWH 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. Environmental Protection Agency (EPA); • 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 • State of Texas: Texas Parks and Wildlife Department, Texas General Land Office, and Texas Commission on Environmental Quality. On April 4, 2016, the United States District Court for the Eastern District of Louisiana entered a consent decree resolving civil claims by the Trustees against BP arising from the DWH oil spill: United States v. BPXP et al., Civ. No. 10–4536, centralized in MDL 2179, In re: Oil Spill by the Oil Rig Deepwater Horizon in the Gulf of Mexico, on April 20, 2010 (E.D. La.) (https:// www.justice.gov/enrd/deepwaterhorizon). Pursuant to the consent decree, restoration projects in the Louisiana Restoration Area are chosen and managed by the LA TIG. The LA TIG is composed of the following Trustees: State of Louisiana Coastal Protection and Restoration Authority, Oil Spill Coordinator’s Office, Departments of Environmental Quality, Wildlife and Fisheries, and Natural Resources; DOI; NOAA; EPA; and USDA. E:\FR\FM\25NON1.SGM 25NON1 72508 Federal Register / Vol. 87, No. 226 / Friday, November 25, 2022 / Notices Background The Final PDARP/PEIS provides for TIGs to propose phasing restoration projects across multiple restoration plans. A TIG may propose in a draft restoration plan conceptual projects to fund for an information-gathering planning phase, such as E&D (phase 1). This allows TIGs to develop information needed to fully consider a subsequent implementation phase in a later restoration plan (phase 2). In the final RP/EA #7, the LA TIG selected three conceptual projects for E&D, using funds from the ‘‘Wetlands, Coastal and Nearshore Habitats’’ and ‘‘Birds’’ restoration types, as provided for in the DWH Consent Decree. One of the projects selected for E&D in the Final RP/EA #7, the Terrebonne HNC Island project, reached a stage of design where proposed construction alternatives (phase 2) could be analyzed under the OPA NRDA regulations and NEPA. The LA TIG made the Draft RP/EA #7.1 available for public review and comment via publication of a notice of availability in the Federal Register on August 25, 2022 (87 FR 52411). The public review and comment period ran through September 26, 2022. To facilitate public understanding of the document, the LA TIG held a public webinar on September 8, 2022, during which public comment was also solicited. The LA TIG received no comments during the public comment period. After public review, the LA TIG finalized the plan and selected design alternative 7A for construction. khammond on DSKJM1Z7X2PROD with NOTICES The Final RP/EA #7.1 and FONSI (Appendix C of the Final RP/EA #7.1) is being released in accordance with OPA NRDA regulations found in the Code of Federal Regulations (CFR) at 15 CFR part 990, NEPA and its implementing regulations found at 40 CFR parts 1500– 1508, the Final PDARP/PEIS/ROD, and the Consent Decree. The Final RP/EA #7.1 provides the LA TIG’s OPA, NRDA, and NEPA analyses for a reasonable range of design alternatives for the HNC Island project and selects the LA TIG’s preferred design alternative, 7A, for implementation. Alternative 7A would increase the acreage of the island from 27.6 acres (ac) to up to approximately 45 ac of shrub nesting, ground nesting, and marsh habitat. The approximate cost to complete E&D, construct, maintain, and monitor the selected alternative is $34 million. A second design alternative, 7, is also evaluated in the restoration plan, as well as a No Action alternative. Both 18:43 Nov 23, 2022 Jkt 259001 Administrative Record The documents comprising the Administrative Record for the RP/EA #7.1 can be viewed electronically at https://www.doi.gov/deepwaterhorizon/ adminrecord. Authority The authority for this action is the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), its implementing Natural Resource Damage Assessment regulations found at 15 CFR part 990, and the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and its implementing regulations found at 40 CFR parts 1500–1508. Mary Josie Blanchard, Director of Gulf of Mexico Restoration, Department of the Interior. [FR Doc. 2022–25724 Filed 11–23–22; 8:45 am] BILLING CODE 4333–15–P DEPARTMENT OF THE INTERIOR Bureau of Safety and Environmental Enforcement Programmatic Environmental Impact Statement for Oil and Gas Decommissioning Activities on the Pacific Outer Continental Shelf, Extending Comment Period Bureau of Safety and Environmental Enforcement (BSEE), Interior. ACTION: Notice of extension of the public comment period. AGENCY: BSEE is extending the public comment period for the Draft Programmatic Environmental Impact Statement (PEIS) for Oil and Gas Decommissioning Activities on the Pacific Outer Continental Shelf (OCS) [EIS No. 20220156]. DATES: BSEE published the Notice of Availability (NOA) for the PEIS on October 12, 2022, and opened a public comment period through November 28, 2022. BSEE is extending this public comment period to January 10, 2023. SUMMARY: PO 00000 Frm 00067 Fmt 4703 You may submit comments in writing or through www.regulations.gov. Written comments may be delivered by hand or by mail, enclosed in an envelope labeled, ‘‘Pacific Decommissioning’’ and addressed to Richard Yarde, Regional Supervisor, Office of Environment, BOEM Pacific Region, 760 Paseo Camarillo, Suite 102, Camarillo, CA, 93010. Comments may also be submitted online through the regulations.gov web portal: Navigate to https://www.regulations.gov and search for Docket No. BOEM–2021–0043. Click on the ‘‘Comment Now!’’ button to the right of the document link. Enter your information and comment, then click ‘‘Submit.’’ ADDRESSES: For information on the PEIS, contact Richard Yarde, Regional Supervisor, Office of Environment, at richard.yarde@boem.gov or 805–384– 6379. FOR FURTHER INFORMATION CONTACT: Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 800–877–8339 between 8 a.m. and 8 p.m., Eastern Time, Monday through Friday. On October 12, 2022, BSEE published a notice in the Federal Register [87 FR 61628] that provided a 47-day public comment period on the Draft PEIS for Oil and Gas Decommissioning Activities on the Pacific OCS, which would close on November 28, 2022. On October 28, 2022, the Environmental Protection Agency (EPA) published a notice in the Federal Register [87 FR 65202] that also provided a 45-day public comment period on the Draft PEIS for Oil and Gas Decommissioning Activities on the Pacific OCS, which will close on December 12, 2022. BSEE has received numerous requests from the public seeking longer extensions to the comment period. In consideration of the EPA’s public comment period, the numerous requests seeking extensions to the comment period, and to ensure robust public comments, BSEE is extending the public comment period by an additional twenty-nine days beyond December 12, 2022, to January 10, 2023. SUPPLEMENTARY INFORMATION: [EEEE500000 234E1700D2 ET1SF0000.EAQ000; BOEM–2021–0043] Overview of the Final RP/EA #7.1 VerDate Sep<11>2014 HNC Island action alternatives would include a rock dike around the island perimeter, breakwaters, and a bird ramp. While the non-preferred alternative would create more total habitat acres (53.3 ac), the preferred alternative would provide a balance between constructability, feasibility, and creation of optimal habitat features for nesting birds, while minimizing environmental impacts during construction. Sfmt 4703 Kevin Sligh, Director, Bureau of Safety and Environmental Enforcement. [FR Doc. 2022–25745 Filed 11–23–22; 8:45 am] BILLING CODE 4310–VH–P E:\FR\FM\25NON1.SGM 25NON1

Agencies

[Federal Register Volume 87, Number 226 (Friday, November 25, 2022)]
[Notices]
[Pages 72507-72508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25724]


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DEPARTMENT OF THE INTERIOR

[FWS-R4-ES-2022-N050; FVHC98220410150-XXX-FF04H00000]


Deepwater Horizon Oil Spill Louisiana Trustee Implementation 
Group Final Phase 2 Restoration Plan/Environmental Assessment #7.1: 
Terrebonne HNC Island Restoration Project; and Finding of No 
Significant Impact

AGENCY: Department of the Interior.

ACTION: Notice of availability.

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

SUMMARY: In accordance with the Oil Pollution Act of 1990 (OPA), the 
National Environmental Policy Act of 1969 (NEPA), the Deepwater Horizon 
Oil Spill Final Programmatic Damage Assessment Restoration Plan and 
Final Programmatic Environmental Impact Statement (Final PDARP/PEIS), 
Record of Decision (ROD) and the Consent Decree, the Federal and State 
natural resource trustee agencies for the Louisiana Trustee 
Implementation Group (LA TIG) have prepared the Final Phase 2 
Restoration Plan/Environmental Assessment #7.1: Terrebonne HNC Island 
Restoration Project (Final RP/EA #7.1) and Finding of No Significant 
Impact (FONSI). The Terrebonne HNC Restoration Project (HNC Island 
project) was approved for engineering and design (E&D) in a 2020 
restoration plan entitled Louisiana Trustee Implementation Group Final 
Restoration Plan #7: Wetlands, Coastal, and Nearshore Habitats and 
Birds (RP/EA #7). In the Final RP/EA #7.1, the LA TIG analyzes a 
reasonable range of design alternatives for the HNC Island project and 
selects design alternative 7A for construction, under the ``Birds'' 
restoration type. A No Action alternative is also analyzed for the 
project. The purpose of this notice is to inform the public of the 
availability of the Final RP/EA #7.1 and FONSI.

ADDRESSES: Obtaining Documents: You may download the Final RP/EA #7.1 
at https://www.gulfspillrestoration.noaa.gov/restoration-areas/louisiana.

FOR FURTHER INFORMATION CONTACT: Nanciann Regalado, at 
[email protected] or 678-296-6805. Individuals in the United 
States who are deaf, deafblind, hard of hearing, or have a speech 
disability may dial 711 (TTY, TDD, or TeleBraille) to access 
telecommunications relay services. Individuals outside the United 
States should use the relay services offered within their country to 
make international calls to the point-of-contact in the United States.

SUPPLEMENTARY INFORMATION:

Introduction

    On April 20, 2010, the mobile offshore drilling unit Deepwater 
Horizon (DWH), 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 an unprecedented volume of 
oil and other discharges from the rig and from the wellhead on the 
seabed. The DWH oil spill is the largest offshore oil spill in U.S. 
history, discharging millions of barrels of oil over a period of 87 
days. In addition, well over 1 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 
into the environment as a result of the spill.
    The Trustees conducted the natural resource damage assessment 
(NRDA) for the DWH 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. The 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 to 
baseline (the resource quality and conditions that would exist if the 
spill had not occurred). This includes the loss of use and services 
provided by those resources from the time of injury until the 
completion of restoration.
    The DWH 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. Environmental Protection Agency (EPA);
     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
     State of Texas: Texas Parks and Wildlife Department, Texas 
General Land Office, and Texas Commission on Environmental Quality.
    On April 4, 2016, the United States District Court for the Eastern 
District of Louisiana entered a consent decree resolving civil claims 
by the Trustees against BP arising from the DWH oil spill: United 
States v. BPXP et al., Civ. No. 10-4536, centralized in MDL 2179, In 
re: Oil Spill by the Oil Rig Deepwater Horizon in the Gulf of Mexico, 
on April 20, 2010 (E.D. La.) (https://www.justice.gov/enrd/deepwater-horizon). Pursuant to the consent decree, restoration projects in the 
Louisiana Restoration Area are chosen and managed by the LA TIG. The LA 
TIG is composed of the following Trustees: State of Louisiana Coastal 
Protection and Restoration Authority, Oil Spill Coordinator's Office, 
Departments of Environmental Quality, Wildlife and Fisheries, and 
Natural Resources; DOI; NOAA; EPA; and USDA.

[[Page 72508]]

Background

    The Final PDARP/PEIS provides for TIGs to propose phasing 
restoration projects across multiple restoration plans. A TIG may 
propose in a draft restoration plan conceptual projects to fund for an 
information-gathering planning phase, such as E&D (phase 1). This 
allows TIGs to develop information needed to fully consider a 
subsequent implementation phase in a later restoration plan (phase 2). 
In the final RP/EA #7, the LA TIG selected three conceptual projects 
for E&D, using funds from the ``Wetlands, Coastal and Nearshore 
Habitats'' and ``Birds'' restoration types, as provided for in the DWH 
Consent Decree. One of the projects selected for E&D in the Final RP/EA 
#7, the Terrebonne HNC Island project, reached a stage of design where 
proposed construction alternatives (phase 2) could be analyzed under 
the OPA NRDA regulations and NEPA.
    The LA TIG made the Draft RP/EA #7.1 available for public review 
and comment via publication of a notice of availability in the Federal 
Register on August 25, 2022 (87 FR 52411). The public review and 
comment period ran through September 26, 2022. To facilitate public 
understanding of the document, the LA TIG held a public webinar on 
September 8, 2022, during which public comment was also solicited. The 
LA TIG received no comments during the public comment period. After 
public review, the LA TIG finalized the plan and selected design 
alternative 7A for construction.

Overview of the Final RP/EA #7.1

    The Final RP/EA #7.1 and FONSI (Appendix C of the Final RP/EA #7.1) 
is being released in accordance with OPA NRDA regulations found in the 
Code of Federal Regulations (CFR) at 15 CFR part 990, NEPA and its 
implementing regulations found at 40 CFR parts 1500-1508, the Final 
PDARP/PEIS/ROD, and the Consent Decree. The Final RP/EA #7.1 provides 
the LA TIG's OPA, NRDA, and NEPA analyses for a reasonable range of 
design alternatives for the HNC Island project and selects the LA TIG's 
preferred design alternative, 7A, for implementation.
    Alternative 7A would increase the acreage of the island from 27.6 
acres (ac) to up to approximately 45 ac of shrub nesting, ground 
nesting, and marsh habitat. The approximate cost to complete E&D, 
construct, maintain, and monitor the selected alternative is $34 
million. A second design alternative, 7, is also evaluated in the 
restoration plan, as well as a No Action alternative. Both HNC Island 
action alternatives would include a rock dike around the island 
perimeter, breakwaters, and a bird ramp. While the non-preferred 
alternative would create more total habitat acres (53.3 ac), the 
preferred alternative would provide a balance between constructability, 
feasibility, and creation of optimal habitat features for nesting 
birds, while minimizing environmental impacts during construction.

Administrative Record

    The documents comprising the Administrative Record for the RP/EA 
#7.1 can be viewed electronically at https://www.doi.gov/deepwaterhorizon/adminrecord.

Authority

    The authority for this action is the Oil Pollution Act of 1990 (33 
U.S.C. 2701 et seq.), its implementing Natural Resource Damage 
Assessment regulations found at 15 CFR part 990, and the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and its 
implementing regulations found at 40 CFR parts 1500-1508.

Mary Josie Blanchard,
Director of Gulf of Mexico Restoration, Department of the Interior.
[FR Doc. 2022-25724 Filed 11-23-22; 8:45 am]
BILLING CODE 4333-15-P


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