80 FR 75126 - Deepwater Horizon
DEPARTMENT OF THE INTERIOR Federal Register Volume 80, Issue 230 (December 1, 2015)
Federal Register Volume 80, Issue 230 (December 1, 2015)
| Page Range | 75126-75128 | |
| FR Document | 2015-30189 |
[Federal Register Volume 80, Number 230 (Tuesday, December 1, 2015)] [Notices] [Pages 75126-75128] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-30189] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR [FWS-R4-FHC-2015-N213; FVHC98210408710-XXX-FF04G01000] Deepwater Horizon Oil Spill; Draft Phase V Early Restoration Plan and Environmental Assessment AGENCY: Interior. ACTION: Notice of availability; request for comments. ----------------------------------------------------------------------- [[Page 75127]] SUMMARY: In accordance with the Oil Pollution Act of 1990 (OPA), the National Environmental Policy Act (NEPA), and the Framework Agreement for Early Restoration Addressing Injuries Resulting from the Deepwater Horizon Oil Spill, the Federal and State natural resource trustee agencies (Trustees) have prepared a Draft Phase V Early Restoration Plan and Environmental Assessment (Draft Phase V ERP/EA) describing and proposing the first phase of the Florida Coastal Access Project. This early restoration project is intended to continue the process of restoring natural resources and services injured or lost as a result of the Deepwater Horizon oil spill, which occurred on or about April 20, 2010, in the Gulf of Mexico. The Draft Phase V ERP/EA also includes notices of change and supporting analysis for two Phase III Early Restoration Projects: ``Strategically Provided Boat Access Along Florida's Gulf Coast--City of Port St. Joe, Frank Pate Boat Ramp Improvements'' and ``Florida Artificial Reef Creation and Restoration.'' DATES: Comments Due Date: We will consider public comments received on or before December 31, 2015. Public Meeting Date ------------------------------------------------------------------------ Date Time Location ------------------------------------------------------------------------ December 14, 2015............. 6:00 p.m. Open Gulf Coast State house. College, Student 6:30 p.m. Public Union East, Room 231 meeting. (Gibson Lecture Hall), 5230 West U.S. Highway 98, Panama City, FL 32411. ------------------------------------------------------------------------ ADDRESSES: Obtaining Documents: You may download the Draft Phase V ERP/EA by one of following methods:Via the Web: http://www.gulfspillrestoration.noaa.gov or http://www.doi.gov/deepwaterhorizon. You may also view the document at any of the public facilities listed at http://www.gulfspillrestoration.noaa.gov. Via U.S. mail, you may request a CD of the Draft Phase V ERP/EA (see FOR FURTHER INFORMATION CONTACT). Submitting Comments: You may submit comments on the Draft Phase V ERP/EA by one of following methods: Via the Web: http://www.gulfspillrestoration.noaa.gov. Via U.S. Mail: U.S. Fish and Wildlife Service, P.O. Box 49567, Atlanta, GA 30345. Public Meeting Location: Gulf Coast State College, Student Union East, Room 231 (Gibson Lecture Hall), 5230 West U.S. Highway 98, Panama City, FL 32411. FOR FURTHER INFORMATION CONTACT: Nanciann Regalado, at 404-679-4161. SUPPLEMENTARY INFORMATION: Introduction On or about April 20, 2010, the mobile offshore drilling unit Deepwater Horizon, which was being used to drill a well for BP Exploration and Production, Inc. (BP), in the Macondo prospect (Mississippi Canyon 252--MC252), experienced a significant explosion, fire, and subsequent sinking in the Gulf of Mexico, resulting in an unprecedented volume of oil and other discharges from the rig and from the wellhead on the seabed. The Deepwater Horizon oil spill is the largest off shore 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. Under the Oil Pollution Act 1990 (OPA; 33 U.S.C. 2701 et seq.), designated Federal and State agencies may act as trustees on behalf of the public to assess natural resource injuries and losses resulting from an oil spill and to determine the restoration actions needed to compensate the public for those injuries and losses. OPA instructs the trustees to develop and implement a plan for the restoration, rehabilitation, replacement, or acquisition of the equivalent of the injured natural resources under their trusteeship, including the loss of use and services from those resources from the time of injury until the time of restoration to baseline (the resource quality and conditions that would exist if the spill had not occurred) is complete. For the Deepwater Horizon oil spill, designated trustees (Trustees) in four Federal agencies and all five Gulf States--Alabama, Florida, Louisiana, Mississippi, and Texas--have been working together to assess natural resource injuries and prepare a series of restoration plans described below. The Trustees are: U.S. Department of the Interior (DOI), as represented by the National Park Service, U.S. Fish and Wildlife Service, and Bureau of Land Management; National Oceanic and Atmospheric Administration (NOAA), on behalf of the U.S. Department of Commerce; U.S. Department of Agriculture (USDA); U.S. 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 In the April 2011 Framework Agreement for Early Restoration Addressing Injuries Resulting from the Deepwater Horizon Oil Spill (Framework Agreement), BP agreed to provide to the Trustees up to $1 billion toward early restoration projects in the Gulf of Mexico to address injuries to natural resources caused by the Deepwater Horizon oil spill. The Framework Agreement represents a preliminary step toward the restoration of injured natural resources and is intended to expedite the start of restoration in the Gulf in advance of the completion of the injury assessment process. The Framework Agreement provides a mechanism through which the Trustees and BP can work together ``to commence implementation of early restoration projects that will provide meaningful benefits to accelerate restoration in the Gulf as quickly as practicable'' prior to the resolution of the Trustees' natural resource damages claim. Early restoration is not intended to and does not fully address all injuries caused by the Deepwater Horizon oil spill. Restoration beyond early restoration projects will be required to [[Page 75128]] fully compensate the public for natural resource losses, including recreational use losses, from the Deepwater Horizon oil spill. This Notice addresses Phase V of the early restoration process. In four previous phases, the Trustees selected, and BP agreed to fund, a total of 64 early restoration projects expected to cost a total of approximately $832 million. The Trustees selected these projects after public notice, public meetings, and consideration of public comments, through the Phase I Early Restoration Plan/Environmental Assessment (Phase I ERP/EA), Phase II Early Restoration Plan/Environmental Review (Phase II ERP/ER), the Programmatic and Phase III Early Restoration Plan and Early Restoration Programmatic Environmental Impact Statement (Phase III ERP/PEIS), and the Phase IV Early Restoration Plan/ Environment Assessments (Phase IV ERP/EA). The Trustees released the Phase I ERP/EA on April 20, 2012 (77 FR 23741) and the Phase II ERP/ER on February 5, 2013 (78 FR 8184). The Trustees released the Phase III ERP/PEIS on June 26, 2014 (79 FR 36328), and subsequently approved that Plan and programmatic EIS in a Record of Decision on October 31, 2014 (79 FR 64831). The Trustees released the Phase IV ERP/EA on September 23, 2015 (80 FR 57384). These plans are available at: https://www.doi.gov/deepwaterhorizon/adminrecord. In the Draft Phase V Early Restoration Plan and Environmental Assessment announced in this Notice, the Trustees are proposing the first phase of the Florida Coastal Access Project to address lost recreational opportunities in Florida caused by the Deepwater Horizon oil spill. The proposed first phase of the Florida Coastal Access Project is consistent with the Programmatic ERP and PEIS included in the Final Phase III ERP/PEIS previously developed by the Trustees. The Draft Phase V ERP/EA is not intended to and does not fully address all injuries caused by the spill or provide the extent of restoration needed to make the public and the environment whole. Overview of the Draft Phase V ERP/EA The Draft Phase V ERP/EA is being released in accordance with the Oil Pollution Act (OPA), the Natural Resources Damage Assessment (NRDA) regulations found in the Code of Federal Regulations (CFR) at 15 CFR 990, the National Environmental Policy Act (42 U.S.C. 4321 et seq.), and the Framework for Early Restoration Addressing Injuries Resulting from the Deepwater Horizon Oil Spill. The Trustees are considering the first phase of the Florida Coastal Access Project in the Draft Phase V ERP/EA. The total estimated cost for the proposed first phase of the Florida Coastal Access Project is $34,372,184. The total estimated cost of the proposed Florida Coastal Access Project is $45,415,573. The Trustees will propose in an additional future phase similar restoration activities that would utilize the remaining $11,043,389, if approved. Details on the proposed first phase of the Florida Coastal Access Project are provided in the Draft Phase V ERP/EA. The proposed first phase of the Florida Coastal Access Project is intended to continue the process of using early restoration funding to restore natural resources, ecological services, and recreational use services injured or lost as a result of the Deepwater Horizon oil spill. The Trustees considered hundreds of projects leading to the identification of the Florida Coastal Access Project and considered both ecological and recreational use restoration projects to restore injuries caused by the Deepwater Horizon oil spill, addressing both the physical and biological environment, as well as the relationship people have with the environment. The Draft Phase V ERP/EA also includes notices of change and supporting analysis for two Phase III Early Restoration Projects: ``Strategically Provided Boat Access Along Florida's Gulf Coast--City of Port St. Joe, Frank Pate Boat Ramp Improvements'' and ``Florida Artificial Reef Creation and Restoration.'' Next Steps The Trustees have scheduled a public meeting to facilitate public review and comment on the Draft Phase V ERP/EA. Both written and verbal comments will be taken at the public meeting. The Trustees will hold an open house followed by a formal meeting. The public meeting will include a presentation of the Draft Phase V ERP/EA. After the public comment period ends, the Trustees will consider and address the comments received before issuing a final Phase V Early Restoration Plan and Environmental Assessment (Final Phase V ERP/EA). After issuing a Final Phase V ERP/EA and if the Trustees approve the first phase of the Florida Coastal Access Project, the Trustees will file a negotiated stipulation for the approved Florida Coastal Access Project with the court. If approved, the first phase of the Florida Coastal Access Project will then proceed to implementation, pending compliance with all applicable State and Federal laws. The Trustees anticipate considering a second phase of this Florida Coastal Access Project through a future restoration plan that will be subject to a separate notice and public comment process. Invitation to Comment The Trustees seek public review and comment on the proposed first phase of the Florida Coastal Access Project and supporting analysis included in the Draft Phase V ERP/EA. Through this Notice of Availability, the Trustees are seeking public review and comment for only the Draft Phase V ERP/EA. 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 made publicly available at any time. You may submit comments on the Draft Phase V ERP/EA by one of the methods described in ADDRESSES. This public review and comment process for the Draft Phase V ERP/EA is separate from the public comment processes for the Deepwater Horizon Oil Spill Draft Programmatic Damage Assessment and Restoration Plan and Draft Programmatic Environmental Impact Statement (Draft PDARP/PEIS) and the proposed Consent Decree Among Defendant BP Exploration & Production, Inc., the United States of America, and the States of Alabama, Florida, Louisiana, Mississippi, and Texas, which ends on December 4, 2015. For more information on the Draft PDARP/PEIS, please visit http://www.gulfspillrestoration.noaa.gov. A link for the proposed Consent Decree and directions for comment to the Department of Justice is available at http://www.gulfspillrestoration.noaa.gov. Administrative Record The documents comprising the Administrative Record for the Draft Phase V ERP/EA can be viewed electronically at the following location: https://www.doi.gov/deepwaterhorizon/adminrecord. Authority The authority of this action is the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.) and the implementing Natural Resource Damage Assessment regulations found at 15 CFR 990. Cynthia K. Dohner, DOI Authorized Official. [FR Doc. 2015-30189 Filed 11-30-15; 8:45 am] BILLING CODE 4310-55-P
![75126 Federal Register / Vol. 80, No. 230 / Tuesday, December 1, 2015 / Notices
Estimated Number of Annual Frequency of Collection: On occasion Estimated Number of Responses and
Respondents: 10. for applications, annually for reports, Annual Burden Hours:
and ongoing for recordkeeping.
Completion
Number of Total annual
Activity time per
responses burden hours
response
Applications .................................................................................................................................... 22 8 hours ........ 176
Reports and Recordkeeping .......................................................................................................... 20 14 hours ...... 280
TOTALS .................................................................................................................................. 42 ..................... 456
Estimated Annual Nonhour Burden We will publish notices of funding collection requirements as a result of
Cost: None. opportunity on the Grants.gov Web site these comments.
Abstract: Subtitle C of Title VI of the at http://www.grants.gov, as well as in
Request for Public Comments
Omnibus Public Land Management Act the Catalog of Federal Domestic
of 2009 (Act; Pub. L. 111–11) authorizes Assistance at http://cfda.gov. This We again invite comments concerning
the Secretary of the Interior and the information collection includes both this information collection on:
Secretary of Agriculture to develop a grant applications and reporting/ • Whether or not the collection of
Wolf-Livestock Demonstration Project recordkeeping requirements. To information is necessary, including
Grant Program (WLDPGP) to: compete for grant funds, eligible States whether or not the information will
• Assist livestock producers in and tribes must submit an application have practical utility;
undertaking proactive, nonlethal that describes in substantial detail • The accuracy of our estimate of the
activities to reduce the risk of livestock project locations, project resources, burden for this collection of
loss due to predation by wolves; and future benefits, and other characteristics information;
• Compensate livestock producers for that meet the Wolf-Livestock • Ways to enhance the quality, utility,
livestock losses due to such predation. Demonstration Project Grant Program and clarity of the information to be
The Act directs that the program be purposes as listed above. In accordance collected; and
established as a grant program to with the Act, States and tribes that • Ways to minimize the burden of the
provide funding to States and tribes, receive a grant must: collection of information on
that the Federal cost share not exceed 50 • Maintain files of all claims received respondents.
percent, and that funds be expended under programs funded by the grant, Comments that you submit in
equally between the two purposes. The including supporting documentation; response to this notice are a matter of
Act included an authorization of and public record. Before including your
appropriations up to $1 million each • Submit an annual report that address, phone number, email address,
fiscal year for 5 years. The U.S. Fish and includes a summary of claims and or other personal identifying
Wildlife Service Ecological Services expenditures under the program during information in your comment, you
Program will allocate the funding in the the year and a description of any action should be aware that your entire
form of competitively awarded grants to taken on the claims. comment, including your personal
States and tribes with a prior history of identifying information, may be made
wolf depredation. States with delisted Comments Received and Our Responses publicly available at any time. While
wolf populations are eligible for On August 18, 2015, we published in you can ask OMB and us in your
funding, provided that they meet the the Federal Register (80 FR 50024) a comment to withhold your personal
eligibility criteria contained in Pub. L. notice of our intent to request that OMB identifying information from public
111–11. renew approval for this information review, we cannot guarantee that it will
The following additional criteria collection. In that notice, we solicited be done.
apply to all WLDPGP grants and must comments for 60 days, ending on Dated: November 25, 2015.
be satisfied for a project to receive October 19, 2015. We received two Tina A. Campbell,
WLDPGP funding: comments. One commenter expressed Chief, Division of Policy, Performance, and
• Proposal cannot include U.S. Fish opinions about WLDPGP funding and Management Programs, U.S. Fish and Wildlife
and Wildlife Service full-time wolf management in general, but did not Service.
equivalent (FTE) costs. address the information collection [FR Doc. 2015–30431 Filed 11–30–15; 8:45 am]
• Proposal cannot seek funding for requirements. The second commenter BILLING CODE 4333–15–P
projects that serve to satisfy regulatory described the program as an excellent
requirements of the Endangered Species source of dedicated funds for
Act (ESA), including complying with a preventative strategies to reduce wolf- DEPARTMENT OF THE INTERIOR
biological opinion under section 7 or livestock conflict, but expressed
fulfilling commitments of a habitat frustration with the accessibility of [FWS–R4–FHC–2015–N213;
conservation plan (HCP) under ESA annual reports. The Service’s Regional FVHC98210408710–XXX–FF04G01000]
section 10, or for projects that serve to Offices are responsible for monitoring
Deepwater Horizon Oil Spill; Draft
tkelley on DSK3SPTVN1PROD with NOTICES
satisfy other Federal regulatory the grant projects and maintaining the
requirements (e.g., mitigation for administrative record of WLDPGP Phase V Early Restoration Plan and
Federal permits). grants. In the future, we commit to Environmental Assessment
• State administrative costs must be ensuring that all annual reports are filed AGENCY: Interior.
assumed by the State or included in the in the appropriate Regional Offices and
ACTION:Notice of availability; request
proposal in accordance with Federal made readily available upon request. No
for comments.
requirements. changes were made to the information
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![75128 Federal Register / Vol. 80, No. 230 / Tuesday, December 1, 2015 / Notices
fully compensate the public for natural The Trustees are considering the first laws. The Trustees anticipate
resource losses, including recreational phase of the Florida Coastal Access considering a second phase of this
use losses, from the Deepwater Horizon Project in the Draft Phase V ERP/EA. Florida Coastal Access Project through a
oil spill. The total estimated cost for the future restoration plan that will be
This Notice addresses Phase V of the proposed first phase of the Florida subject to a separate notice and public
early restoration process. In four Coastal Access Project is $34,372,184. comment process.
previous phases, the Trustees selected, The total estimated cost of the proposed
and BP agreed to fund, a total of 64 early Florida Coastal Access Project is Invitation to Comment
restoration projects expected to cost a $45,415,573. The Trustees will propose The Trustees seek public review and
total of approximately $832 million. The in an additional future phase similar comment on the proposed first phase of
Trustees selected these projects after restoration activities that would utilize the Florida Coastal Access Project and
public notice, public meetings, and the remaining $11,043,389, if approved. supporting analysis included in the
consideration of public comments, Details on the proposed first phase of Draft Phase V ERP/EA. Through this
through the Phase I Early Restoration the Florida Coastal Access Project are Notice of Availability, the Trustees are
Plan/Environmental Assessment (Phase provided in the Draft Phase V ERP/EA. seeking public review and comment for
I ERP/EA), Phase II Early Restoration The proposed first phase of the only the Draft Phase V ERP/EA. Before
Plan/Environmental Review (Phase II Florida Coastal Access Project is including your address, phone number,
ERP/ER), the Programmatic and Phase intended to continue the process of email address, or other personal
III Early Restoration Plan and Early using early restoration funding to identifying information in your
Restoration Programmatic restore natural resources, ecological comment, you should be aware that
Environmental Impact Statement (Phase services, and recreational use services your entire comment, including your
III ERP/PEIS), and the Phase IV Early injured or lost as a result of the personal identifying information, may
Restoration Plan/Environment Deepwater Horizon oil spill. The be made publicly available at any time.
Assessments (Phase IV ERP/EA). Trustees considered hundreds of You may submit comments on the Draft
The Trustees released the Phase I projects leading to the identification of Phase V ERP/EA by one of the methods
ERP/EA on April 20, 2012 (77 FR 23741) the Florida Coastal Access Project and described in ADDRESSES.
and the Phase II ERP/ER on February 5, considered both ecological and
2013 (78 FR 8184). The Trustees recreational use restoration projects to This public review and comment
released the Phase III ERP/PEIS on June restore injuries caused by the Deepwater process for the Draft Phase V ERP/EA is
26, 2014 (79 FR 36328), and Horizon oil spill, addressing both the separate from the public comment
subsequently approved that Plan and physical and biological environment, as processes for the Deepwater Horizon Oil
programmatic EIS in a Record of well as the relationship people have Spill Draft Programmatic Damage
Decision on October 31, 2014 (79 FR with the environment. Assessment and Restoration Plan and
64831). The Trustees released the Phase The Draft Phase V ERP/EA also Draft Programmatic Environmental
IV ERP/EA on September 23, 2015 (80 includes notices of change and Impact Statement (Draft PDARP/PEIS)
FR 57384). These plans are available at: supporting analysis for two Phase III and the proposed Consent Decree
https://www.doi.gov/deepwaterhorizon/ Early Restoration Projects: ‘‘Strategically Among Defendant BP Exploration &
adminrecord. Provided Boat Access Along Florida’s Production, Inc., the United States of
In the Draft Phase V Early Restoration Gulf Coast—City of Port St. Joe, Frank America, and the States of Alabama,
Plan and Environmental Assessment Pate Boat Ramp Improvements’’ and Florida, Louisiana, Mississippi, and
announced in this Notice, the Trustees ‘‘Florida Artificial Reef Creation and Texas, which ends on December 4,
are proposing the first phase of the Restoration.’’ 2015. For more information on the Draft
Florida Coastal Access Project to PDARP/PEIS, please visit http://
Next Steps www.gulfspillrestoration.noaa.gov. A
address lost recreational opportunities
in Florida caused by the Deepwater The Trustees have scheduled a public link for the proposed Consent Decree
Horizon oil spill. The proposed first meeting to facilitate public review and and directions for comment to the
phase of the Florida Coastal Access comment on the Draft Phase V ERP/EA. Department of Justice is available at
Project is consistent with the Both written and verbal comments will http://
Programmatic ERP and PEIS included in be taken at the public meeting. The www.gulfspillrestoration.noaa.gov.
the Final Phase III ERP/PEIS previously Trustees will hold an open house
followed by a formal meeting. The Administrative Record
developed by the Trustees. The Draft
Phase V ERP/EA is not intended to and public meeting will include a The documents comprising the
does not fully address all injuries presentation of the Draft Phase V ERP/ Administrative Record for the Draft
caused by the spill or provide the extent EA. After the public comment period Phase V ERP/EA can be viewed
of restoration needed to make the public ends, the Trustees will consider and electronically at the following location:
and the environment whole. address the comments received before https://www.doi.gov/deepwaterhorizon/
issuing a final Phase V Early Restoration adminrecord.
Overview of the Draft Phase V ERP/EA Plan and Environmental Assessment
The Draft Phase V ERP/EA is being (Final Phase V ERP/EA). After issuing a Authority
released in accordance with the Oil Final Phase V ERP/EA and if the The authority of this action is the Oil
Pollution Act (OPA), the Natural Trustees approve the first phase of the Pollution Act of 1990 (33 U.S.C. 2701 et
Resources Damage Assessment (NRDA) Florida Coastal Access Project, the seq.) and the implementing Natural
tkelley on DSK3SPTVN1PROD with NOTICES
regulations found in the Code of Federal Trustees will file a negotiated Resource Damage Assessment
Regulations (CFR) at 15 CFR 990, the stipulation for the approved Florida regulations found at 15 CFR 990.
National Environmental Policy Act (42 Coastal Access Project with the court. If
U.S.C. 4321 et seq.), and the Framework approved, the first phase of the Florida Cynthia K. Dohner,
for Early Restoration Addressing Coastal Access Project will then proceed DOI Authorized Official.
Injuries Resulting from the Deepwater to implementation, pending compliance [FR Doc. 2015–30189 Filed 11–30–15; 8:45 am]
Horizon Oil Spill. with all applicable State and Federal BILLING CODE 4310–55–P
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Document Created: 2018-03-02 09:10:34
Document Modified: 2018-03-02 09:10:34
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of availability; request for comments. | |
| Dates | Comments Due Date: We will consider public comments received on or before December 31, 2015. | |
| Contact | Nanciann Regalado, at 404-679-4161. | |
| FR Citation | 80 FR 75126 |
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