80_FR_60318 80 FR 60126 - Notice of Availability of a Deepwater Horizon

80 FR 60126 - Notice of Availability of a Deepwater Horizon

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 192 (October 5, 2015)

Page Range60126-60129
FR Document2015-24913

In accordance with the Oil Pollution Act of 1990 (OPA) and the National Environmental Policy Act (NEPA), the Deepwater Horizon Federal and State natural resource trustee agencies (Trustees) have prepared a Draft Programmatic Damage Assessment and Restoration Plan and Draft Programmatic Environmental Impact Statement (Draft PDARP/PEIS). As required by OPA, in this Draft PDARP/PEIS, the Deepwater Horizon Trustees present the assessment of impacts of the Deepwater Horizon oil spill on natural resources in the Gulf of Mexico and on the services those resources provide, and determine the restoration needed to compensate the public for these impacts. The Draft PDARP/PEIS describes the Trustees' programmatic alternatives considered to restore natural resources, ecological services, and recreational use services injured or lost as a result of the Deepwater Horizon oil spill. The Trustees evaluate these alternatives under criteria set forth in the OPA natural resource damage assessment regulations, and also evaluate the environmental consequences of the restoration alternatives in accordance with NEPA. The purpose of this notice is to inform the public of the availability of the Draft PDARP/PEIS and to seek public comments on the document.

Federal Register, Volume 80 Issue 192 (Monday, October 5, 2015)
[Federal Register Volume 80, Number 192 (Monday, October 5, 2015)]
[Notices]
[Pages 60126-60129]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-24913]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE201


Notice of Availability of a Deepwater Horizon Oil Spill; Draft 
Programmatic Damage Assessment and Restoration Plan (PDARP) and Draft 
Programmatic Environmental Impact Statement (PEIS)

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

ACTION: Notice of availability of a Draft Programmatic Damage 
Assessment and Restoration Plan and Draft Programmatic Environmental 
Impact Statement; request for comments.

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

SUMMARY: In accordance with the Oil Pollution Act of 1990 (OPA) and the 
National Environmental Policy Act (NEPA), the Deepwater Horizon Federal 
and State natural resource trustee agencies (Trustees) have prepared a 
Draft Programmatic Damage Assessment and Restoration Plan and Draft 
Programmatic Environmental Impact Statement (Draft PDARP/PEIS). As 
required by OPA, in this Draft PDARP/PEIS, the Deepwater Horizon 
Trustees present the assessment of impacts of the Deepwater Horizon oil 
spill on natural resources in the Gulf of Mexico and on the services 
those resources provide, and determine the restoration needed to 
compensate the public for these impacts. The Draft PDARP/PEIS describes 
the Trustees' programmatic alternatives considered to restore natural 
resources, ecological services, and recreational use services injured 
or lost as a result of the Deepwater Horizon oil spill. The Trustees 
evaluate these alternatives under criteria set forth in the OPA natural 
resource damage assessment regulations, and also evaluate the 
environmental consequences of the restoration alternatives in 
accordance with NEPA. The purpose of this notice is to inform the 
public of the availability of the Draft PDARP/PEIS and to seek public 
comments on the document.

DATES: The Trustees will consider public comments received on or before 
December 4, 2015.
    Public Meetings: The Trustees will host a series of public meetings 
to facilitate public review and comment on the Draft PDARP/PEIS. Both 
written and verbal public comments will be taken at each public 
meeting. The Trustees will hold an open house for each meeting followed 
by a formal meeting. Each public meeting will include a

[[Page 60127]]

presentation of the Draft PDARP/PEIS. Public meetings will be held 
between October 19th and November 18th. The full public meeting 
schedule is listed in the SUPPLEMENTARY INFORMATION section.

ADDRESSES: Obtaining Documents: You may download the Draft PDARP/PEIS 
at http://www.gulfspillrestoration.noaa.gov. Alternatively, you may 
request a CD of the Draft PDARP/PEIS (see FOR FURTHER INFORMATION 
CONTACT). You may also view the document at any of the public 
facilities listed at http://www.gulfspillrestoration.noaa.gov. The 
Draft PDARP/PEIS also will be available for download at http://www.justice.gov/enrd/deepwater-horizon.
    Submitting Comments: You may submit comments on the Draft PDARP/
PEIS by one of following methods:
     Via the Web: http://www.gulfspillrestoration.noaa.gov and
     U.S. Mail: U.S. Fish and Wildlife Service, P.O. Box 49567, 
Atlanta, GA 30345. Please note that mailed comments must be received on 
or before the comment deadline of December 4, 2015 to be considered.

FOR FURTHER INFORMATION CONTACT: Courtney Groeneveld at 
[email protected].

SUPPLEMENTARY INFORMATION:

Introduction

    On April 20, 2010, the Deepwater Horizon mobile drilling unit 
exploded, caught fire, and eventually sank in the Gulf of Mexico, 
resulting in a massive release of oil and other substances from BP's 
Macondo well. Tragically, 11 workers were killed and 17 injured by the 
explosion and fire. Initial efforts to cap the well following the 
explosion were unsuccessful, and for 87 days after the explosion, the 
well continuously and uncontrollably discharged oil and natural gas 
into the northern Gulf of Mexico. Approximately 3.19 million barrels 
(134 million gallons) of oil were released into the ocean, by far the 
largest offshore oil spill in the history of the United States.
    Oil spread from the deep ocean to the surface and nearshore 
environment, from Texas to Florida. The oil came into contact with and 
injured natural resources as diverse as deep-sea coral, fish and 
shellfish, productive wetland habitats, sandy beaches, birds, 
endangered sea turtles, and protected marine life. The oil spill 
prevented people from fishing, going to the beach, and enjoying their 
typical recreational activities along the Gulf. Extensive response 
actions, including, use of dispersants, cleanup activities, and actions 
to try to prevent the oil from reaching sensitive resources, were 
undertaken to try to reduce harm to people and the environment. 
However, many of these response actions had collateral impacts on the 
environment. The oil and other substances released from the well in 
combination with the extensive response actions together make up the 
Deepwater Horizon incident.
    The Trustees are conducting the natural resource damage assessment 
for the Deepwater Horizon incident under the Oil Pollution Act 1990 
(OPA; 33 U.S.C. 2701 et seq.). Pursuant to OPA, Federal and State 
agencies act as trustees on behalf of the public to assess natural 
resource injuries and losses and to determine the actions required to 
compensate the public for those injuries and losses. OPA further 
instructs the designated trustees to develop and implement a plan for 
the restoration, rehabilitation, replacement, or acquisition of the 
equivalent of the injured natural resources under their trusteeship, 
including the loss of use of those resources and the loss of services 
they provide from the time of injury until the time of restoration to 
baseline (the resource quality and conditions that would exist if the 
spill had not occurred) is complete.
    The Trustees \1\ are as follows:
---------------------------------------------------------------------------

    \1\ Although a trustee under OPA by virtue of the proximity of 
its facilities to the Deepwater Horizon oil spill, the U.S. 
Department of Defense (DOD) is not a member of the Trustee Council 
and did not participate in development of this Draft PDARP/PEIS.
---------------------------------------------------------------------------

     National Oceanic and Atmospheric Administration (NOAA), on 
behalf of the U.S. Department of Commerce;
     U.S. Department of the Interior (DOI), as represented by 
the National Park Service, U.S. Fish and Wildlife Service, and Bureau 
of Land Management;
     U.S. Department of Agriculture (USDA);
     U.S. Environmental Protection Agency (USEPA);
     State of Louisiana Coastal Protection and Restoration 
Authority, Oil Spill Coordinator's Office, Department of Environmental 
Quality, Department of Wildlife and Fisheries, and Department of 
Natural Resources;
     State of Mississippi Department of Environmental Quality;
     State of Alabama Department of Conservation and Natural 
Resources and Geological Survey of Alabama;
     State of Florida Department of Environmental Protection 
and Fish and Wildlife Conservation Commission; and
     For the State of Texas: Texas Parks and Wildlife 
Department, Texas General Land Office, and Texas Commission on 
Environmental Quality.

Background

    On February 17, 2011, the Trustees initiated a 90-day formal 
scoping and public comment period for this Draft PDARP/PEIS (76 FR 
9327) through a Notice of Intent (NOI) to Begin Restoration Scoping and 
Prepare a Gulf Spill Restoration Planning PEIS. The Trustees conducted 
the scoping in accordance with OPA (15 CFR 990.14(d)), NEPA (40 CFR 
1501.7), and State authorities. That NOI requested public input to 
identify and evaluate a range of restoration types that could be used 
to fully compensate the public for the environmental and recreational 
use damages caused by the spill, as well as develop procedures to 
select and implement restoration projects that will compensate the 
public for the natural resource damages caused by the spill. As part of 
the scoping process, the Trustees hosted public meetings across all the 
Gulf States during Spring 2011.

Overview of the Draft PDARP/PEIS

    The Draft PDARP/PEIS is being released in accordance with the OPA, 
the Natural Resources Damage Assessment (NRDA) regulations found in the 
Code of Federal Regulations (CFR) at 15 CFR part 990, and the National 
Environmental Policy Act (NEPA) (42 U.S.C. 4321 et seq.).
    In the Draft PDARP/PEIS, the Deepwater Horizon Trustees present to 
the public their findings on the extensive injuries to multiple 
habitats, biological species, ecological functions, and geographic 
regions across the northern Gulf of Mexico that occurred as a result of 
the Deepwater Horizon incident, as well as their programmatic plan for 
restoring those resources and the services they provide. The Draft 
PDARP/PEIS proposes four programmatic alternatives evaluated in 
accordance with OPA and NEPA. The Deepwater Horizon Trustees decided to 
fulfill NEPA requirements by conducting a PEIS that evaluates broad (as 
opposed to project-specific) restoration alternatives. As the Draft 
PDARP/PEIS shows, the injuries caused by the Deepwater Horizon incident 
cannot be fully described at the level of a single species, a single 
habitat type, or a single region. Rather, the injuries affected such a 
wide array of linked resources over such an enormous area that the 
effects of the Deepwater Horizon incident constitute an ecosystem-level 
injury. Consequently, the Trustees' preferred alternative for a 
restoration plan employs a comprehensive, integrated ecosystem approach 
to best address these ecosystem-level injuries. The Trustees'

[[Page 60128]]

evaluation determines this alternative is best, among several other 
alternatives, at compensating the public for the losses to natural 
resources and services caused by the Deepwater Horizon incident.
    The four alternatives under the Draft PDARP/PEIS are as follows:
     Alternative A (Preferred Alternative): Comprehensive 
Integrated Ecosystem Restoration Plan based on the programmatic Trustee 
goals;
     Alternative B: Resource-Specific Restoration Plan based on 
the programmatic Trustee goals;
     Alternative C: Continued Injury Assessment and Defer 
Comprehensive Restoration Plan; and
     Alternative D: No Action/Natural Recovery.
    The Trustees have jointly examined and assessed the extent of 
injury and the restoration alternatives. In the Draft PDARP/PEIS, the 
Trustees present to the public their findings on the extensive injuries 
to multiple habitats, biological species, ecological functions, and 
geographic regions across the northern Gulf of Mexico that occurred as 
a result of the Deepwater Horizon incident, as well as the programmatic 
plan for restoring those resources. In particular, they considered 
restoration types and approaches to restore, replace, rehabilitate, or 
acquire the equivalent of the injured natural resources and services. 
The Trustees believe that the preferred alternative in this Draft 
PDARP/PEIS is most appropriate for addressing the injuries to natural 
resources.
    The Trustees' proposed decision is to select a comprehensive 
restoration plan to guide and direct subsequent restoration planning 
and implementation during the coming decades. The Draft PDARP/PEIS is 
programmatic; it describes the framework by which subsequent project 
specific restoration plans will be identified and developed, and sets 
forth the types of projects the Trustees will consider in each of 
several described restoration areas. The subsequent restoration plans 
would identify, evaluate, and select specific restoration projects for 
implementation that are consistent with the restoration framework laid 
out by the PDARP/PEIS. The Trustees are considering this programmatic 
restoration planning decision in light of the proposed settlement among 
BP, the United States and the States of Louisiana, Mississippi, 
Alabama, Florida, and Texas to resolve BP's liability for natural 
resource damages associated with the Deepwater Horizon incident. Under 
this proposed settlement, BP would pay a total of $8.1 billion for 
restoration to address natural resource injuries (this includes $1 
billion already committed for early restoration), plus up to an 
additional $700 million to respond to natural resource damages unknown 
at the time of the settlement and/or to provide for adaptive 
management. As noted below, the proposed Consent Decree for the 
proposed settlement is the subject of a separate public notice and 
comment process.

Next Steps

    The public is encouraged to review and comment on the Draft PDARP/
PEIS. As described above, public meetings are scheduled to facilitate 
the public review and comment process. After the close of the public 
comment period, the Trustees will consider and address the comments 
received before issuing a Final PDARP/PEIS. A summary of comments 
received and the Trustees' responses will be included in the final 
document. After issuing the Final PDARP/PEIS, the Trustees will prepare 
a Record of Decision that formally selects an alternative.
    The public is also encouraged to review and comment on the proposed 
Consent Decree through a separate process managed by the Department of 
Justice. A link for the proposed Consent Decree and directions for 
comment to the Department of Justice is available at 
www.gulfspillrestoration.noaa.gov.

                         Public Meeting Schedule
------------------------------------------------------------------------
                                   Time (local
             Date                     times)              Location
------------------------------------------------------------------------
Mon., Oct. 19, 2015...........  5 p.m. Open House  Courtyard by
                                6 p.m. Public       Marriott--Houma,
                                 Meeting.           Versailles Parlour,
                                                    142 Liberty
                                                    Boulevard, Houma, LA
                                                    70360.
Tues., Oct. 20, 2015..........  5 p.m. Open House  University of
                                6 p.m. Public       Southern
                                 Meeting.           Mississippi, Long
                                                    Beach FEC
                                                    Auditorium, 730 East
                                                    Beach Boulevard,
                                                    Long Beach, MS
                                                    39560.
Thurs., Oct. 22, 2015.........  5 p.m. Open House  Hilton Garden Inn,
                                6 p.m. Public       New Orleans
                                 Meeting.           Convention Center,
                                                    Garden Ballroom,
                                                    10001 South Peters
                                                    Street, New Orleans,
                                                    LA 70130.
Mon., Oct. 26, 2015...........  6 p.m. Open House  The Battle House,
                                7 p.m. Public       Renaissance Mobile
                                 Meeting.           Hotel & Spa,
                                                    Moonlight Ballroom
                                                    A, 26 North Royal
                                                    Street, Mobile, AL
                                                    36602.
Tues., Oct. 27, 2015..........  6 p.m. Open House  Pensacola Bay Center,
                                7 p.m. Public       201 E Gregory
                                 Meeting.           Street, Pensacola,
                                                    FL 32502.
Thurs., Oct. 29, 2015.........  6 p.m. Open House  Hilton St.
                                7 p.m. Public       Petersburg,
                                 Meeting.           Bayfront, Salon AB,
                                                    333 1st Street
                                                    South, St.
                                                    Petersburg, FL
                                                    33701.
Tues., Nov. 10, 2015..........  6 p.m. Open House  Hilton Galveston
                                7 p.m. Public       Island Resort,
                                 Meeting.           Crystal Ballroom,
                                                    5400 Seawall
                                                    Boulevard,
                                                    Galveston, TX 77551.
Wed., Nov. 18, 2015...........  6 p.m. Open House  DoubleTree by Hilton
                                7 p.m. Public       Hotel, Washington
                                 Meeting.           DC, Terrace
                                                    Ballroom, 1515 Rhode
                                                    Island, Avenue NW.,
                                                    Washington, DC
                                                    20005.
------------------------------------------------------------------------

Invitation to Comment

    The Trustees seek public review and comment on the Draft PDARP/
PEIS. Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment, including your personal identifying 
information, may be publicly available at any time.

Administrative Record

    The documents included in the Administrative Record can be viewed 
electronically at the following location: http://www.doi.gov/deepwaterhorizon/adminrecord. The Trustees opened a publicly available 
Administrative Record for the NRDA for the Deepwater Horizon oil spill, 
including restoration planning activities, concurrently with 
publication of the 2011 NOI (pursuant to 15 CFR 990.45).


[[Page 60129]]


    Authority: The authority of this action is the Oil Pollution Act 
of 1990 (33 U.S.C. 2701 et seq.) and the implementing NRDA 
regulations found at 15 CFR part 990.

    Dated: September 28, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2015-24913 Filed 10-2-15; 8:45 am]
 BILLING CODE 3510-22-P



                                                  60126                         Federal Register / Vol. 80, No. 192 / Monday, October 5, 2015 / Notices

                                                  three salmon and steelhead species: The                 Recovery Plan is not regulatory, but                  DEPARTMENT OF COMMERCE
                                                  California Coastal (CC) Chinook salmon                  presents guidance for use by agencies
                                                  ESU, and the Northern California (NC)                   and interested parties to assist in the               National Oceanic and Atmospheric
                                                  and Central California Coast (CCC)                      recovery of CC Chinook salmon, and NC                 Administration
                                                  steelhead DPSs. Between 1997 and                        and CCC steelhead. The Public Draft                   RIN 0648–XE201
                                                  2000, NMFS listed the CCC steelhead                     Recovery Plan identifies actions needed
                                                  DPS (62 FR 43937; August 18, 1997), the                 to achieve recovery by improving                      Notice of Availability of a Deepwater
                                                  CC Chinook salmon ESU (64 FR 50394;                     population and habitat conditions and                 Horizon Oil Spill; Draft Programmatic
                                                  September 16, 1999), and the NC                         addressing threats to the species; links              Damage Assessment and Restoration
                                                  steelhead DPS (65 FR 36074; June 7,                     management actions to a research and                  Plan (PDARP) and Draft Programmatic
                                                  2000), as threatened under the ESA due                  monitoring program intended to fill data              Environmental Impact Statement
                                                  to the precipitous and ongoing declines                 gaps and assess effectiveness of actions;             (PEIS)
                                                  in their populations.
                                                     Our goal is to restore the threatened                incorporates an adaptive management                   AGENCY:  National Oceanic and
                                                  CC Chinook salmon, and NC and CCC                       framework by which management                         Atmospheric Administration (NOAA),
                                                  steelhead to the point where they are                   actions and other elements may evolve                 Commerce.
                                                  self-sustaining populations within their                as we gain information through research               ACTION: Notice of availability of a Draft
                                                  ecosystems and no longer need the                       and monitoring; and describes agency                  Programmatic Damage Assessment and
                                                  protections of the ESA.                                 guidance on time lines for reviews of                 Restoration Plan and Draft
                                                     A series of public workshops will be                 the status of species and recovery plans.             Programmatic Environmental Impact
                                                  held to help inform interested parties on               To address threats related to the species,            Statement; request for comments.
                                                  the Public Draft Recovery Plan. Written                 the Public Draft Recovery Plan                        SUMMARY:    In accordance with the Oil
                                                  comments will be accepted at the                        references many of the significant efforts            Pollution Act of 1990 (OPA) and the
                                                  workshops. These include:                               already underway to restore salmon and                National Environmental Policy Act
                                                     • UKIAH—October 14, 2015, UC                         steelhead access to high quality habitat              (NEPA), the Deepwater Horizon Federal
                                                  Cooperative Extension Mendocino, 890                    and to improve habitat previously                     and State natural resource trustee
                                                  N. Bush Street, Ukiah, CA 95482, from                   degraded.                                             agencies (Trustees) have prepared a
                                                  6–8 p.m.                                                                                                      Draft Programmatic Damage Assessment
                                                     • ARCATA—October 15, 2015,                              Recovery of CC Chinook salmon, and
                                                                                                          NC and CCC steelhead will require a                   and Restoration Plan and Draft
                                                  Humboldt Area Foundation, 363
                                                                                                          long-term effort in cooperation and                   Programmatic Environmental Impact
                                                  Indianola Road, Bayside, CA 95524,
                                                                                                          coordination with Federal, state, tribal              Statement (Draft PDARP/PEIS). As
                                                  from 6–8 p.m.
                                                     • SANTA CRUZ—October 20, 2015,                       and local government agencies, and the                required by OPA, in this Draft PDARP/
                                                  Southwest Fisheries Science Center, 110                 community. Consistent with the                        PEIS, the Deepwater Horizon Trustees
                                                  Shaffer Road, Santa Cruz, CA 95060,                     Recovery Plan, we will implement                      present the assessment of impacts of the
                                                  from 3–5 p.m.                                           relevant actions for which we have                    Deepwater Horizon oil spill on natural
                                                     • OAKLAND—November 3, 2015                                                                                 resources in the Gulf of Mexico and on
                                                                                                          authority, work cooperatively on
                                                  Elihu M Harris State Building, 1515                                                                           the services those resources provide,
                                                                                                          implementation of other actions, and
                                                  Clay St., Oakland, CA 94612, from 1–3                                                                         and determine the restoration needed to
                                                                                                          encourage other Federal and state                     compensate the public for these
                                                  p.m.                                                    agencies to implement recovery actions
                                                     • SANTA ROSA—November 5 2015,                                                                              impacts. The Draft PDARP/PEIS
                                                                                                          for which they have responsibility and                describes the Trustees’ programmatic
                                                  Sonoma County Water Agency, 404                         authority.
                                                  Aviation Blvd., Santa Rosa, CA 95403                                                                          alternatives considered to restore
                                                  from 1–3 p.m.                                              In compliance with the requirements                natural resources, ecological services,
                                                                                                          of the ESA section 4(f), NMFS is                      and recreational use services injured or
                                                  The Public Draft Recovery Plan                          providing public notice and an                        lost as a result of the Deepwater Horizon
                                                     The ESA requires recovery plans                      opportunity to review and comment on                  oil spill. The Trustees evaluate these
                                                  incorporate, to the maximum extent                      the Public Draft Recovery Plan for CC                 alternatives under criteria set forth in
                                                  practicable: (1) Objective, measurable                  Chinook salmon, and NC and CCC                        the OPA natural resource damage
                                                  criteria which, when met, would result                  steelhead prior to its final approval.                assessment regulations, and also
                                                  in a determination that the species is no                                                                     evaluate the environmental
                                                                                                            Authority: 16 U.S.C. 1531 et seq.                   consequences of the restoration
                                                  longer threatened or endangered; (2)
                                                  site-specific management actions                          Dated: September 30, 2015.                          alternatives in accordance with NEPA.
                                                  necessary to achieve the plan’s goal for                Angela Somma,                                         The purpose of this notice is to inform
                                                  the conservation and survival of the                    Chief, Endangered Species Conservation                the public of the availability of the Draft
                                                  species; and (3) estimates of the time                  Division, Office of Protected Resources,              PDARP/PEIS and to seek public
                                                  required and costs to implement                         National Marine Fisheries Service.                    comments on the document.
                                                  recovery actions.                                       [FR Doc. 2015–25203 Filed 10–2–15; 8:45 am]           DATES: The Trustees will consider
                                                     The Public Draft Recovery Plan                                                                             public comments received on or before
                                                                                                          BILLING CODE 3510–22–P
                                                  provides background on the natural                                                                            December 4, 2015.
                                                  history, population trends and the                                                                              Public Meetings: The Trustees will
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  potential threats to the viability of CC                                                                      host a series of public meetings to
                                                  Chinook salmon, and NC and CCC                                                                                facilitate public review and comment on
                                                  steelhead. The Public Draft Recovery                                                                          the Draft PDARP/PEIS. Both written and
                                                  Plan lays out a recovery strategy to                                                                          verbal public comments will be taken at
                                                  address conditions and threats based on                                                                       each public meeting. The Trustees will
                                                  the best available science and                                                                                hold an open house for each meeting
                                                  incorporates objective, measurable                                                                            followed by a formal meeting. Each
                                                  criteria for recovery. The Public Draft                                                                       public meeting will include a


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                                                                                Federal Register / Vol. 80, No. 192 / Monday, October 5, 2015 / Notices                                             60127

                                                  presentation of the Draft PDARP/PEIS.                   undertaken to try to reduce harm to                    Background
                                                  Public meetings will be held between                    people and the environment. However,                      On February 17, 2011, the Trustees
                                                  October 19th and November 18th. The                     many of these response actions had                     initiated a 90-day formal scoping and
                                                  full public meeting schedule is listed in               collateral impacts on the environment.                 public comment period for this Draft
                                                  the SUPPLEMENTARY INFORMATION section.                  The oil and other substances released                  PDARP/PEIS (76 FR 9327) through a
                                                  ADDRESSES: Obtaining Documents: You                     from the well in combination with the                  Notice of Intent (NOI) to Begin
                                                  may download the Draft PDARP/PEIS at                    extensive response actions together                    Restoration Scoping and Prepare a Gulf
                                                  http://www.gulfspillrestoration.                        make up the Deepwater Horizon                          Spill Restoration Planning PEIS. The
                                                  noaa.gov. Alternatively, you may                        incident.                                              Trustees conducted the scoping in
                                                  request a CD of the Draft PDARP/PEIS                       The Trustees are conducting the                     accordance with OPA (15 CFR
                                                  (see FOR FURTHER INFORMATION CONTACT).                  natural resource damage assessment for                 990.14(d)), NEPA (40 CFR 1501.7), and
                                                  You may also view the document at any                   the Deepwater Horizon incident under                   State authorities. That NOI requested
                                                  of the public facilities listed at http://              the Oil Pollution Act 1990 (OPA; 33                    public input to identify and evaluate a
                                                  www.gulfspillrestoration.noaa.gov. The                  U.S.C. 2701 et seq.). Pursuant to OPA,                 range of restoration types that could be
                                                  Draft PDARP/PEIS also will be available                 Federal and State agencies act as                      used to fully compensate the public for
                                                  for download at http://www.justice.gov/                 trustees on behalf of the public to assess             the environmental and recreational use
                                                  enrd/deepwater-horizon.                                 natural resource injuries and losses and               damages caused by the spill, as well as
                                                    Submitting Comments: You may                          to determine the actions required to                   develop procedures to select and
                                                  submit comments on the Draft PDARP/                     compensate the public for those injuries               implement restoration projects that will
                                                  PEIS by one of following methods:                       and losses. OPA further instructs the                  compensate the public for the natural
                                                    • Via the Web: http://www.gulfspill                   designated trustees to develop and                     resource damages caused by the spill.
                                                  restoration.noaa.gov and                                implement a plan for the restoration,                  As part of the scoping process, the
                                                    • U.S. Mail: U.S. Fish and Wildlife                   rehabilitation, replacement, or                        Trustees hosted public meetings across
                                                  Service, P.O. Box 49567, Atlanta, GA                    acquisition of the equivalent of the                   all the Gulf States during Spring 2011.
                                                  30345. Please note that mailed                          injured natural resources under their
                                                  comments must be received on or before                  trusteeship, including the loss of use of              Overview of the Draft PDARP/PEIS
                                                  the comment deadline of December 4,                     those resources and the loss of services                  The Draft PDARP/PEIS is being
                                                  2015 to be considered.                                  they provide from the time of injury                   released in accordance with the OPA,
                                                  FOR FURTHER INFORMATION CONTACT:                        until the time of restoration to baseline              the Natural Resources Damage
                                                  Courtney Groeneveld at gulfspill.                       (the resource quality and conditions that              Assessment (NRDA) regulations found
                                                  restoration@noaa.gov.                                   would exist if the spill had not                       in the Code of Federal Regulations
                                                  SUPPLEMENTARY INFORMATION:
                                                                                                          occurred) is complete.                                 (CFR) at 15 CFR part 990, and the
                                                                                                             The Trustees 1 are as follows:                      National Environmental Policy Act
                                                  Introduction                                               • National Oceanic and Atmospheric                  (NEPA) (42 U.S.C. 4321 et seq.).
                                                     On April 20, 2010, the Deepwater                     Administration (NOAA), on behalf of                       In the Draft PDARP/PEIS, the
                                                  Horizon mobile drilling unit exploded,                  the U.S. Department of Commerce;                       Deepwater Horizon Trustees present to
                                                                                                             • U.S. Department of the Interior
                                                  caught fire, and eventually sank in the                                                                        the public their findings on the
                                                                                                          (DOI), as represented by the National
                                                  Gulf of Mexico, resulting in a massive                                                                         extensive injuries to multiple habitats,
                                                                                                          Park Service, U.S. Fish and Wildlife
                                                  release of oil and other substances from                                                                       biological species, ecological functions,
                                                                                                          Service, and Bureau of Land
                                                  BP’s Macondo well. Tragically, 11                                                                              and geographic regions across the
                                                                                                          Management;
                                                  workers were killed and 17 injured by                                                                          northern Gulf of Mexico that occurred
                                                                                                             • U.S. Department of Agriculture
                                                  the explosion and fire. Initial efforts to                                                                     as a result of the Deepwater Horizon
                                                                                                          (USDA);
                                                  cap the well following the explosion                       • U.S. Environmental Protection                     incident, as well as their programmatic
                                                  were unsuccessful, and for 87 days after                Agency (USEPA);                                        plan for restoring those resources and
                                                  the explosion, the well continuously                       • State of Louisiana Coastal                        the services they provide. The Draft
                                                  and uncontrollably discharged oil and                   Protection and Restoration Authority,                  PDARP/PEIS proposes four
                                                  natural gas into the northern Gulf of                   Oil Spill Coordinator’s Office,                        programmatic alternatives evaluated in
                                                  Mexico. Approximately 3.19 million                      Department of Environmental Quality,                   accordance with OPA and NEPA. The
                                                  barrels (134 million gallons) of oil were               Department of Wildlife and Fisheries,                  Deepwater Horizon Trustees decided to
                                                  released into the ocean, by far the                     and Department of Natural Resources;                   fulfill NEPA requirements by
                                                  largest offshore oil spill in the history of               • State of Mississippi Department of                conducting a PEIS that evaluates broad
                                                  the United States.                                      Environmental Quality;                                 (as opposed to project-specific)
                                                     Oil spread from the deep ocean to the                   • State of Alabama Department of                    restoration alternatives. As the Draft
                                                  surface and nearshore environment,                      Conservation and Natural Resources and                 PDARP/PEIS shows, the injuries caused
                                                  from Texas to Florida. The oil came into                Geological Survey of Alabama;                          by the Deepwater Horizon incident
                                                  contact with and injured natural                           • State of Florida Department of                    cannot be fully described at the level of
                                                  resources as diverse as deep-sea coral,                 Environmental Protection and Fish and                  a single species, a single habitat type, or
                                                  fish and shellfish, productive wetland                  Wildlife Conservation Commission; and                  a single region. Rather, the injuries
                                                  habitats, sandy beaches, birds,                            • For the State of Texas: Texas Parks               affected such a wide array of linked
                                                  endangered sea turtles, and protected                   and Wildlife Department, Texas General                 resources over such an enormous area
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                                                  marine life. The oil spill prevented                    Land Office, and Texas Commission on                   that the effects of the Deepwater
                                                  people from fishing, going to the beach,                Environmental Quality.                                 Horizon incident constitute an
                                                  and enjoying their typical recreational                                                                        ecosystem-level injury. Consequently,
                                                  activities along the Gulf. Extensive                      1 Although a trustee under OPA by virtue of the      the Trustees’ preferred alternative for a
                                                  response actions, including, use of                     proximity of its facilities to the Deepwater Horizon   restoration plan employs a
                                                                                                          oil spill, the U.S. Department of Defense (DOD) is
                                                  dispersants, cleanup activities, and                    not a member of the Trustee Council and did not
                                                                                                                                                                 comprehensive, integrated ecosystem
                                                  actions to try to prevent the oil from                  participate in development of this Draft PDARP/        approach to best address these
                                                  reaching sensitive resources, were                      PEIS.                                                  ecosystem-level injuries. The Trustees’


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                                                  60128                            Federal Register / Vol. 80, No. 192 / Monday, October 5, 2015 / Notices

                                                  evaluation determines this alternative is                       services. The Trustees believe that the                        billion already committed for early
                                                  best, among several other alternatives, at                      preferred alternative in this Draft                            restoration), plus up to an additional
                                                  compensating the public for the losses                          PDARP/PEIS is most appropriate for                             $700 million to respond to natural
                                                  to natural resources and services caused                        addressing the injuries to natural                             resource damages unknown at the time
                                                  by the Deepwater Horizon incident.                              resources.                                                     of the settlement and/or to provide for
                                                    The four alternatives under the Draft                            The Trustees’ proposed decision is to                       adaptive management. As noted below,
                                                  PDARP/PEIS are as follows:                                      select a comprehensive restoration plan                        the proposed Consent Decree for the
                                                    • Alternative A (Preferred                                    to guide and direct subsequent                                 proposed settlement is the subject of a
                                                  Alternative): Comprehensive Integrated                          restoration planning and                                       separate public notice and comment
                                                  Ecosystem Restoration Plan based on                             implementation during the coming                               process.
                                                  the programmatic Trustee goals;                                 decades. The Draft PDARP/PEIS is
                                                                                                                                                                                 Next Steps
                                                    • Alternative B: Resource-Specific                            programmatic; it describes the
                                                  Restoration Plan based on the                                   framework by which subsequent project                             The public is encouraged to review
                                                  programmatic Trustee goals;                                     specific restoration plans will be                             and comment on the Draft PDARP/PEIS.
                                                    • Alternative C: Continued Injury                             identified and developed, and sets forth                       As described above, public meetings are
                                                  Assessment and Defer Comprehensive                              the types of projects the Trustees will                        scheduled to facilitate the public review
                                                  Restoration Plan; and                                           consider in each of several described                          and comment process. After the close of
                                                    • Alternative D: No Action/Natural                            restoration areas. The subsequent                              the public comment period, the Trustees
                                                  Recovery.                                                       restoration plans would identify,                              will consider and address the comments
                                                    The Trustees have jointly examined                            evaluate, and select specific restoration                      received before issuing a Final PDARP/
                                                  and assessed the extent of injury and the                       projects for implementation that are                           PEIS. A summary of comments received
                                                  restoration alternatives. In the Draft                          consistent with the restoration                                and the Trustees’ responses will be
                                                  PDARP/PEIS, the Trustees present to the                         framework laid out by the PDARP/PEIS.                          included in the final document. After
                                                  public their findings on the extensive                          The Trustees are considering this                              issuing the Final PDARP/PEIS, the
                                                  injuries to multiple habitats, biological                       programmatic restoration planning                              Trustees will prepare a Record of
                                                  species, ecological functions, and                              decision in light of the proposed                              Decision that formally selects an
                                                  geographic regions across the northern                          settlement among BP, the United States                         alternative.
                                                  Gulf of Mexico that occurred as a result                        and the States of Louisiana, Mississippi,                         The public is also encouraged to
                                                  of the Deepwater Horizon incident, as                           Alabama, Florida, and Texas to resolve                         review and comment on the proposed
                                                  well as the programmatic plan for                               BP’s liability for natural resource                            Consent Decree through a separate
                                                  restoring those resources. In particular,                       damages associated with the Deepwater                          process managed by the Department of
                                                  they considered restoration types and                           Horizon incident. Under this proposed                          Justice. A link for the proposed Consent
                                                  approaches to restore, replace,                                 settlement, BP would pay a total of $8.1                       Decree and directions for comment to
                                                  rehabilitate, or acquire the equivalent of                      billion for restoration to address natural                     the Department of Justice is available at
                                                  the injured natural resources and                               resource injuries (this includes $1                            www.gulfspillrestoration.noaa.gov.

                                                                                                                            PUBLIC MEETING SCHEDULE
                                                                          Date                                                Time (local times)                                                 Location

                                                  Mon., Oct. 19, 2015 ...................................    5   p.m.   Open House ..................................    Courtyard by Marriott—Houma, Versailles Parlour, 142
                                                                                                             6   p.m.   Public Meeting ...............................     Liberty Boulevard, Houma, LA 70360.
                                                  Tues., Oct. 20, 2015 ..................................    5   p.m.   Open House ..................................    University of Southern Mississippi, Long Beach FEC
                                                                                                             6   p.m.   Public Meeting ...............................     Auditorium, 730 East Beach Boulevard, Long Beach,
                                                                                                                                                                           MS 39560.
                                                  Thurs., Oct. 22, 2015 .................................    5 p.m. Open House ..................................        Hilton Garden Inn, New Orleans Convention Center,
                                                                                                             6 p.m. Public Meeting ...............................         Garden Ballroom, 10001 South Peters Street, New
                                                                                                                                                                           Orleans, LA 70130.
                                                  Mon., Oct. 26, 2015 ...................................    6 p.m. Open House ..................................        The Battle House, Renaissance Mobile Hotel & Spa,
                                                                                                             7 p.m. Public Meeting ...............................         Moonlight Ballroom A, 26 North Royal Street, Mobile,
                                                                                                                                                                           AL 36602.
                                                  Tues., Oct. 27, 2015 ..................................    6   p.m.   Open House ..................................    Pensacola Bay Center, 201 E Gregory Street, Pensa-
                                                                                                             7   p.m.   Public Meeting ...............................     cola, FL 32502.
                                                  Thurs., Oct. 29, 2015 .................................    6   p.m.   Open House ..................................    Hilton St. Petersburg, Bayfront, Salon AB, 333 1st
                                                                                                             7   p.m.   Public Meeting ...............................     Street South, St. Petersburg, FL 33701.
                                                  Tues., Nov. 10, 2015 ..................................    6   p.m.   Open House ..................................    Hilton Galveston Island Resort, Crystal Ballroom, 5400
                                                                                                             7   p.m.   Public Meeting ...............................     Seawall Boulevard, Galveston, TX 77551.
                                                  Wed., Nov. 18, 2015 ..................................     6   p.m.   Open House ..................................    DoubleTree by Hilton Hotel, Washington DC, Terrace
                                                                                                             7   p.m.   Public Meeting ...............................     Ballroom, 1515 Rhode Island, Avenue NW., Wash-
                                                                                                                                                                           ington, DC 20005.



                                                  Invitation to Comment                                           personal identifying information, may                          adminrecord. The Trustees opened a
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                                                    The Trustees seek public review and                           be publicly available at any time.                             publicly available Administrative
                                                  comment on the Draft PDARP/PEIS.                                                                                               Record for the NRDA for the Deepwater
                                                                                                                  Administrative Record
                                                  Before including your address, phone                                                                                           Horizon oil spill, including restoration
                                                  number, email address, or other                                   The documents included in the                                planning activities, concurrently with
                                                  personal identifying information in your                        Administrative Record can be viewed                            publication of the 2011 NOI (pursuant
                                                  comment, you should be aware that                               electronically at the following location:                      to 15 CFR 990.45).
                                                  your entire comment, including your                             http://www.doi.gov/deepwaterhorizon/


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                                                                                Federal Register / Vol. 80, No. 192 / Monday, October 5, 2015 / Notices                                                 60129

                                                     Authority: The authority of this action is           limits), other possession limits, other               the address listed above. Comments may
                                                  the Oil Pollution Act of 1990 (33 U.S.C. 2701           gear requirements, and exemption                      also be submitted by facsimile to (301)
                                                  et seq.) and the implementing NRDA                      programs for all three species. The                   713–0376, or by email to
                                                  regulations found at 15 CFR part 990.                   Council and the ASMFC will consider                   NMFS.Pr1Comments@noaa.gov. Please
                                                    Dated: September 28, 2015.                            the input from the AP in December                     include the File No. in the subject line
                                                  Samuel D. Rauch III,                                    when reviewing recommendations on                     of the email comment.
                                                  Deputy Assistant Administrator for                      commercial measures from the Summer
                                                                                                                                                                  Those individuals requesting a public
                                                  Regulatory Programs, National Marine                    Flounder, Scup, and Black Sea Bass
                                                  Fisheries Service.                                      Monitoring and Technical Committees.                  hearing should submit a written request
                                                  [FR Doc. 2015–24913 Filed 10–2–15; 8:45 am]
                                                                                                                                                                to the Chief, Permits and Conservation
                                                                                                          Special Accommodations                                Division at the address listed above. The
                                                  BILLING CODE 3510–22–P
                                                                                                            The meeting is physically accessible                request should set forth the specific
                                                                                                          to people with disabilities. Requests for             reasons why a hearing on this
                                                  DEPARTMENT OF COMMERCE                                  sign language interpretation or other                 application would be appropriate.
                                                                                                          auxiliary aid should be directed to M.                FOR FURTHER INFORMATION CONTACT:
                                                  National Oceanic and Atmospheric                        Jan Saunders, (302) 526–5251, at least 5
                                                  Administration                                                                                                Amy Hapeman or Carrie Hubard, (301)
                                                                                                          days prior to the meeting date.
                                                                                                                                                                427–8401.
                                                  RIN 0648–XE226                                            Dated: September 30, 2015.
                                                                                                          Tracey L. Thompson,                                   SUPPLEMENTARY INFORMATION:      The
                                                  Mid-Atlantic Fishery Management                                                                               subject modification to Permit No.
                                                                                                          Acting Deputy Director, Office of Sustainable
                                                  Council (MAFMC); Public Meeting                         Fisheries, National Marine Fisheries Service.         17304, issued on September 20, 2013
                                                                                                          [FR Doc. 2015–25239 Filed 10–2–15; 8:45 am]
                                                                                                                                                                (78 FR 59657) is requested under the
                                                  AGENCY:  National Marine Fisheries
                                                                                                                                                                authority of the Endangered Species Act
                                                  Service (NMFS), National Oceanic and                    BILLING CODE 3510–22–P
                                                                                                                                                                of 1973, as amended (16 U.S.C. 1531 et
                                                  Atmospheric Administration (NOAA),
                                                  Commerce.                                                                                                     seq.) and the regulations governing the
                                                                                                          DEPARTMENT OF COMMERCE                                taking, importing, and exporting of
                                                  ACTION: Notice; public meeting.
                                                                                                                                                                endangered and threatened species (50
                                                  SUMMARY:   The Mid-Atlantic Fishery                     National Oceanic and Atmospheric                      CFR 222–226).
                                                  Management Council’s (Council)                          Administration
                                                                                                                                                                  Permit No. 17304–01 authorizes
                                                  Summer Flounder, Scup, and Black Sea                    RIN 0648–XC667                                        researchers to capture 100 green, 100
                                                  Bass Advisory Panel will hold a public                                                                        loggerhead, 90 Kemp’s ridley, and 20
                                                  meeting.                                                Application for a Permit Modification:                hawksbill sea turtles annually by hand
                                                  DATES: The meeting will be held on                      Endangered Species; File No. 17304                    or using nets in the northern Gulf of
                                                  Thursday, October 22, 2015, from 2 p.m.                 AGENCY:  National Marine Fisheries                    Mexico. Alternative to direct capture,
                                                  until 5 p.m.                                            Service (NMFS), National Oceanic and                  researchers may obtain sea turtles for
                                                  ADDRESSES: The meeting will be held                     Atmospheric Administration (NOAA),                    study that are legally captured during
                                                  via webinar with a telephone-only                       Commerce.                                             relocation trawling for the U.S. Army
                                                  connection option. Details on webinar                   ACTION: Notice; receipt of application for            Corps of Engineers. Sea turtles may have
                                                  registration and telephone-only                         a permit modification.                                the following types of procedures
                                                  connection details will be available at:                                                                      performed before release:
                                                  http://www.mafmc.org.                                   SUMMARY:    Notice is hereby given that               Morphometrics, marking, photograph/
                                                     Council address: Mid-Atlantic Fishery                Kristen Hart, Ph.D., U.S. Geological                  video, tagging, biological sampling, and/
                                                  Management Council, 800 N. State                        Survey, 3205 College Ave., Davie, FL                  or attachment of transmitters and
                                                  Street, Suite 201, Dover, DE 19901;                     33314, has requested a modification to                subsequent tracking. The permit is valid
                                                  telephone: (302) 674–2331 or on their                   scientific research Permit No. 17304–01.              through September 30, 2018. Dr. Hart is
                                                  Web site at www.mafmc.org.                              DATES: Written, telefaxed, or email                   seeking to modify the permit to (1)
                                                  FOR FURTHER INFORMATION CONTACT:                        comments must be received on or before                authorize trawling as a capture method,
                                                  Christopher M. Moore, Ph.D., Executive                  November 4, 2015.                                     and (2) increase the annual number of
                                                  Director, Mid-Atlantic Fishery                          ADDRESSES: The modification request                   loggerhead and Kemp’s ridley sea turtles
                                                  Management Council, telephone: (302)                    and related documents are available for               taken by 200 and 210 turtles,
                                                  526–5255.                                               review by selecting ‘‘Records Open for                respectively. This work would be used
                                                  SUPPLEMENTARY INFORMATION: The                          Public Comment’’ from the Features box                to (1) provide density and abundance
                                                  Council’s Summer Flounder, Scup, and                    on the Applications and Permits for                   data to managers for these species in
                                                  Black Sea Bass Advisory Panel (AP) will                 Protected Species (APPS) home page,                   Louisiana waters and associated federal
                                                  meet jointly with the Atlantic States                   https://apps.nmfs.noaa.gov, and then                  waters, and (2) establish the feasibility
                                                  Marine Fisheries Commission’s                           selecting File No. 17304 Mod 2 from the               of sea turtle monitoring in the Gulf of
                                                  (ASMFC’s) Summer Flounder, Scup,                        list of available applications. These
                                                                                                                                                                Mexico by trawl.
                                                  and Black Sea Bass AP. The purpose of                   documents are also available upon
                                                  this meeting is to solicit advisor input                written request or by appointment in the                Dated: September 29, 2015.
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                                                  on specific commercial management                       Permits and Conservation Division,                    Julia Harrison,
                                                  measures for summer flounder, scup,                     Office of Protected Resources, NMFS,                  Chief, Permits and Conservation Division,
                                                  and black sea bass. These include, but                  1315 East-West Highway, Room 13705,                   Office of Protected Resources, National
                                                  are not limited to, the commercial                      Silver Spring, MD 20910; phone (301)                  Marine Fisheries Service.
                                                  minimum fish size, trawl mesh size                      427–8401; fax (301) 713–0376.                         [FR Doc. 2015–25209 Filed 10–2–15; 8:45 am]
                                                  requirements, seasonal possession limits                   Written comments on this application               BILLING CODE 3510–22–P
                                                  triggering the minimum mesh size                        should be submitted to the Chief,
                                                  requirements (i.e., incidental possession               Permits and Conservation Division, at


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Document Created: 2015-12-15 08:52:40
Document Modified: 2015-12-15 08:52:40
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of availability of a Draft Programmatic Damage Assessment and Restoration Plan and Draft Programmatic Environmental Impact Statement; request for comments.
DatesThe Trustees will consider public comments received on or before December 4, 2015.
ContactCourtney Groeneveld at [email protected]
FR Citation80 FR 60126 
RIN Number0648-XE20

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