80 FR 77585 - RESTORE Act-Initial Funded Priorities List
GULF COAST ECOSYSTEM RESTORATION COUNCIL Federal Register Volume 80, Issue 240 (December 15, 2015)
Federal Register Volume 80, Issue 240 (December 15, 2015)
| Page Range | 77585-77586 | |
| FR Document | 2015-31463 |
[Federal Register Volume 80, Number 240 (Tuesday, December 15, 2015)] [Rules and Regulations] [Pages 77585-77586] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-31463] ----------------------------------------------------------------------- GULF COAST ECOSYSTEM RESTORATION COUNCIL 40 CFR Part 1800 [Docket Number: 112152015-1111-11] RIN 3600-AA00 RESTORE Act--Initial Funded Priorities List AGENCY: Gulf Coast Ecosystem Restoration Council. ACTION: Notice of availability. ----------------------------------------------------------------------- SUMMARY: In accordance with the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf States Act (RESTORE Act or Act), the Gulf Coast Ecosystem Restoration Council (Council) announces the availability of the Initial Funded Priorities List (FPL). The FPL sets forth the initial activities that the Council will fund and prioritize for further consideration. DATES: December 15, 2015. ADDRESSES: The Council posted all comments on the draft version of the FPL on its Web site, http://www.restorethegulf.gov/. All comments received are part of the public record and subject to public disclosure. FOR FURTHER INFORMATION CONTACT: Will Spoon at 504-239-9814. SUPPLEMENTARY INFORMATION: Background In 2010, the Deepwater Horizon oil spill caused extensive damage to the Gulf Coast's natural resources, devastating the economies and communities that rely on it. In an effort to help the region rebuild in the wake of the spill, Congress passed and the President signed the RESTORE Act, Public Law 112-141, sections 1601-1608, 126 Stat. 588 (Jul. 6, 2012). The Act created the Gulf Coast Ecosystem Restoration Trust Fund (Trust Fund) and dedicates eighty percent (80%) of any civil and administrative penalties paid by parties responsible for the Deepwater Horizon oil spill under the Clean Water Act, after the date of enactment, to the Trust Fund. On January 3, 2013, the United States announced that Transocean Deepwater Inc. and related entities agreed to pay $1 billion in civil penalties for violating the Clean Water Act in relation to their conduct in the Deepwater Horizon oil spill. The settlement was approved by the court in February 2013, and pursuant to the Act approximately $816 million (including interest) has been paid into the Trust Fund. In addition to creating the Trust Fund, the Act established the Council, which is chaired by the Secretary of Commerce and includes the Governors of Alabama, Florida, Louisiana, Mississippi, and Texas, and the Secretaries of the U.S. Departments of Agriculture, the Army, Homeland Security, and the Interior, and the Administrator of the U.S. Environmental Protection Agency. Under the Act, the Council will administer a portion of the Trust Fund known as the Council-Selected Restoration Component in order to ``undertake projects and programs, using the best available science, that would restore and protect the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, coastal wetlands, and economy of the Gulf [[Page 77586]] Coast.'' In August 2013 the Council approved an Initial Comprehensive Plan (Initial Plan) (please see http://www.restorethegulf.gov/sites/default/files/GCERCCompPlanFactSheet_0.pdf and http://www.restorethegulf.gov/sites/default/files/FinalInitialComprehensivePlan.pdf) that outlines an overarching vision for Gulf restoration and includes the following five goals: (1) Restore and conserve habitat; (2) restore water quality; (3) replenish and protect living coastal and marine resources; (4) enhance community resilience; and (5) restore and revitalize the gulf economy. As a supplement to the Initial Plan and pursuant to the requirement in the Restore Act to draft a ``prioritized list of specific projects and programs to be funded,'' the Council is now publishing the initial FPL that lists the activities which the Council will fund and prioritize for further consideration. Summary: On August 13, 2015 the Council published the draft version of the FPL for a 45-day public notice and comment period, The comment period closed on September 28, 2015. After reviewing and considering all of the public comments, on December 9, 2015 the Council approved the FPL. The members of the Council collaborated in creating the FPL that responds to ecological needs regardless of jurisdictional boundaries. The FPL will provide near-term ``on-the-ground'' ecosystem benefits, while also building a planning and science foundation for future success. The FPL focuses on ten key watersheds across the Gulf in order to concentrate and leverage available funds in addressing critical ecological needs in high-priority locations. It focuses on habitat and water quality, and includes restoration and conservation activities that can be implemented in the near term. It also supports project- specific planning efforts necessary to advance large-scale restoration. The comprehensive planning and monitoring efforts included in the FPL will provide Gulf-wide benefits into the future. The Council intends to play a key role in helping to ensure that the Gulf's natural resources are sustainable and available for future generations. Currently available Gulf restoration funds and those that may become available in the future represent a great responsibility. The ongoing involvement of the people who live, work and play in the Gulf region is critical to ensuring that these monies are used wisely and effectively. The Council thanks all those who have participated in the process thus far, and offers thanks in advance to those who will take the time to again offer thoughts on how we can collectively help restore the Gulf. Document Availability: Copies of the FPL are available at the following office during regular business hours: Gulf Coast Ecosystem Restoration Council, Hale Boggs Federal Building, 500 Poydras Street, Suite 1117, New Orleans, LA 70130. Electronic versions of the FPL can be viewed and downloaded at www.restorethegulf.gov. Legal Authority: The statutory program authority for the FPL is found at 33 U.S.C. 1321(t)(2). Dated: December 9, 2015. Justin R. Ehrenwerth, Executive Director, Gulf Coast Ecosystem Restoration Council. [FR Doc. 2015-31463 Filed 12-14-15; 8:45 am] BILLING CODE 3510-EA-P
![Federal Register / Vol. 80, No. 240 / Tuesday, December 15, 2015 / Rules and Regulations 77585
that experienced oiling from the § 1800.401 Decennial census data. Gulf Coast Ecosystem Restoration
Deepwater Horizon oil spill was 43.5 The average populations in the 2010 Council (Council) announces the
miles. The distance from the farthest decennial census for each Gulf Coast availability of the Initial Funded
point of the Louisiana shoreline that State, rounded to the nearest whole Priorities List (FPL). The FPL sets forth
experienced oiling from the Deepwater number, are: the initial activities that the Council
Horizon oil spill was 213.7 miles. The (a) For the Alabama Coastal Counties, will fund and prioritize for further
average of these two distances is 128.6 297,629 persons; consideration.
miles. (b) For the Florida Coastal Counties, DATES: December 15, 2015.
(d) Mississippi—The distance from 252,459 persons; ADDRESSES: The Council posted all
the nearest point of the Mississippi (c) For the Louisiana Coastal Parishes, comments on the draft version of the
shoreline that experienced oiling from 133,633 persons; FPL on its Web site, http://
the Deepwater Horizon oil spill was (d) For the Mississippi Coastal www.restorethegulf.gov/. All comments
87.7 miles. The distance from the Counties,123,567 persons; and received are part of the public record
farthest point of the Mississippi (e) For the Texas Coastal Counties, and subject to public disclosure.
shoreline that experienced oiling from 147,845 persons.
the Deepwater Horizon oil spill was FOR FURTHER INFORMATION CONTACT: Will
107.9 miles. The average of these two § 1800.402 Distribution based on average Spoon at 504–239–9814.
distances is 97.8 miles. population. SUPPLEMENTARY INFORMATION:
(e) Texas—The distance from the The distribution of funds based on Background
nearest point of the Texas shoreline that average populations for each Gulf Coast
experienced oiling from the Deepwater State is determined by dividing the In 2010, the Deepwater Horizon oil
Horizon oil spill was 306.2 miles. The average population determined in spill caused extensive damage to the
distance from the farthest point of the § 1800.401 by the sum of those average Gulf Coast’s natural resources,
Texas shoreline that experienced oiling populations. This calculation yields the devastating the economies and
from the Deepwater Horizon oil spill following results: communities that rely on it. In an effort
was 356.5 miles. The average of these (a) Alabama—31.16%. to help the region rebuild in the wake
two distances is 331.3 miles. (b) Florida—26.43%. of the spill, Congress passed and the
(c) Louisiana—13.99%. President signed the RESTORE Act,
§ 1800.302 Inverse proportions. Public Law 112–141, sections 1601–
(d) Mississippi—12.94%.
The inverse proportion for each Gulf 1608, 126 Stat. 588 (Jul. 6, 2012). The
(e) Texas—15.48%.
Coast State is determined by summing Act created the Gulf Coast Ecosystem
the proportional average distances § 1800.500 Allocation. Restoration Trust Fund (Trust Fund)
determined in § 1800.301 and taking the Using the data from §§ 1800.200 and dedicates eighty percent (80%) of
inverse. This calculation yields the through 1800.402 of this subpart in the any civil and administrative penalties
following: formula provided in § 1800.101 of this paid by parties responsible for the
(a) Alabama—27.39%. subpart yields the following allocation Deepwater Horizon oil spill under the
(b) Florida—17.06%. Clean Water Act, after the date of
for each Gulf Coast State:
(c) Louisiana—20.55%. enactment, to the Trust Fund. On
(d) Mississippi—27.02%. (a) Alabama—20.40%.
(b) Florida—18.36%. January 3, 2013, the United States
(e) Texas—7.98%.
(c) Louisiana—34.59%. announced that Transocean Deepwater
§ 1800.400 Coastal county populations. (d) Mississippi—19.07%. Inc. and related entities agreed to pay $1
Solely for the purpose of calculating (e) Texas—7.58%. billion in civil penalties for violating the
the Spill Impact Formula, the coastal Clean Water Act in relation to their
Justin R. Ehrenwerth, conduct in the Deepwater Horizon oil
counties bordering the Gulf of Mexico
within each Gulf Coast State are: Executive Director, Gulf Coast Ecosystem spill. The settlement was approved by
Restoration Council. the court in February 2013, and
(a) The Alabama Coastal Counties,
consisting of Baldwin and Mobile [FR Doc. 2015–31433 Filed 12–14–15; 8:45 am] pursuant to the Act approximately $816
counties; BILLING CODE 6560–58–P million (including interest) has been
(b) The Florida Coastal Counties, paid into the Trust Fund.
consisting of Bay, Charlotte, Citrus, In addition to creating the Trust Fund,
Collier, Dixie, Escambia, Franklin, Gulf, GULF COAST ECOSYSTEM the Act established the Council, which
Hernando, Hillsborough, Jefferson, Lee, RESTORATION COUNCIL is chaired by the Secretary of Commerce
Levy, Manatee, Monroe, Okaloosa, and includes the Governors of Alabama,
40 CFR Part 1800 Florida, Louisiana, Mississippi, and
Pasco, Pinellas, Santa Rosa, Sarasota,
Taylor, Wakulla, and Walton counties; [Docket Number: 112152015–1111–11] Texas, and the Secretaries of the U.S.
(c) The Louisiana Coastal Parishes, Departments of Agriculture, the Army,
RIN 3600–AA00
consisting of Cameron, Iberia, Jefferson, Homeland Security, and the Interior,
Lafourche, Orleans, Plaquemines, St. RESTORE Act—Initial Funded and the Administrator of the U.S.
Bernard, St. Mary, St. Tammany, Priorities List Environmental Protection Agency.
Terrebonne, and Vermilion parishes; Under the Act, the Council will
(d) The Mississippi Coastal Counties, AGENCY: Gulf Coast Ecosystem administer a portion of the Trust Fund
asabaliauskas on DSK5VPTVN1PROD with RULES
consisting of Hancock, Harrison, and Restoration Council. known as the Council-Selected
Jackson counties; and ACTION: Notice of availability. Restoration Component in order to
(e) The Texas Coastal Counties, ‘‘undertake projects and programs, using
consisting of Aransas, Brazoria, SUMMARY: In accordance with the the best available science, that would
Calhoun, Cameron, Chambers, Resources and Ecosystems restore and protect the natural
Galveston, Jefferson, Kennedy, Kleberg, Sustainability, Tourist Opportunities, resources, ecosystems, fisheries, marine
Matagorda, Nueces, and Willacy and Revived Economies of the Gulf and wildlife habitats, beaches, coastal
counties. States Act (RESTORE Act or Act), the wetlands, and economy of the Gulf
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![77586 Federal Register / Vol. 80, No. 240 / Tuesday, December 15, 2015 / Rules and Regulations
Coast.’’ In August 2013 the Council offer thoughts on how we can is available for inspection and copying
approved an Initial Comprehensive Plan collectively help restore the Gulf. in the NTSB’s public reading room,
(Initial Plan) (please see http:// Document Availability: Copies of the located at 490 L’Enfant Plaza SW.,
www.restorethegulf.gov/sites/default/ FPL are available at the following office Washington, DC 20594–2000.
files/GCERCCompPlanFactSheet_0.pdf during regular business hours: Gulf Alternatively, a copy of the rule is
and http://www.restorethegulf.gov/sites/ Coast Ecosystem Restoration Council, available on the NTSB Web site, at
default/files/ Hale Boggs Federal Building, 500 http://www.ntsb.gov, and at the
FinalInitialComprehensivePlan.pdf) that Poydras Street, Suite 1117, New government-wide Web site on
outlines an overarching vision for Gulf Orleans, LA 70130. regulations, at http://
restoration and includes the following Electronic versions of the FPL can be www.regulations.gov.
five goals: (1) Restore and conserve viewed and downloaded at FOR FURTHER INFORMATION CONTACT:
habitat; (2) restore water quality; (3) www.restorethegulf.gov. Scott Dunham, National Resource
replenish and protect living coastal and Legal Authority: The statutory Specialist—ATC, Office of Aviation
marine resources; (4) enhance program authority for the FPL is found Safety, (202) 314–6387.
community resilience; and (5) restore at 33 U.S.C. 1321(t)(2).
and revitalize the gulf economy. SUPPLEMENTARY INFORMATION:
Dated: December 9, 2015.
As a supplement to the Initial Plan Regulatory History
and pursuant to the requirement in the Justin R. Ehrenwerth,
Restore Act to draft a ‘‘prioritized list of Executive Director, Gulf Coast Ecosystem On October 7, 2008, the NTSB
specific projects and programs to be Restoration Council. published a Notice of Proposed
funded,’’ the Council is now publishing [FR Doc. 2015–31463 Filed 12–14–15; 8:45 am] Rulemaking (NPRM) titled ‘‘Notification
the initial FPL that lists the activities BILLING CODE 3510–EA–P and Reporting of Aircraft Accidents or
which the Council will fund and Incidents and Overdue Aircraft, and
prioritize for further consideration. Preservation of Aircraft Wreckage, Mail,
Summary: On August 13, 2015 the NATIONAL TRANSPORTATION Cargo, and Records.’’ 73 FR 58520. The
Council published the draft version of SAFETY BOARD NPRM proposed several additions to 49
the FPL for a 45-day public notice and CFR 830.5, to require reports of various
comment period, The comment period 49 CFR Part 830 types of serious aviation incidents.
closed on September 28, 2015. Among the proposed requirements, the
[Docket No. NTSB–AS–2012–0001] NTSB sought mandatory reports of
After reviewing and considering all of
the public comments, on December 9, RIN 3147–AA11 Airborne Collision Avoidance System
2015 the Council approved the FPL. (ACAS) resolution advisories issued
The members of the Council Notification and Reporting of Aircraft either (i) when an aircraft is being
collaborated in creating the FPL that Accidents or Incidents and Overdue operated on an instrument flight rules
responds to ecological needs regardless Aircraft, and Preservation of Aircraft (IFR) flight plan and compliance with
of jurisdictional boundaries. The FPL Wreckage, Mail, Cargo, and Records the advisory is necessary to avert a
will provide near-term ‘‘on-the-ground’’ substantial risk of collision between two
AGENCY: National Transportation Safety or more aircraft, or (ii) to an aircraft
ecosystem benefits, while also building
Board (NTSB). operating in class A airspace. 73 FR
a planning and science foundation for
future success. The FPL focuses on ten ACTION: Direct final rule. 58523–24.
key watersheds across the Gulf in order On January 7, 2010, the NTSB
SUMMARY: The NTSB is publishing an
to concentrate and leverage available published its amendment to the final
amendment to its regulations
funds in addressing critical ecological rule by requiring operators of civil
concerning notification and reporting
needs in high-priority locations. It aircraft to report certain ACAS
requirements with regard to aircraft
focuses on habitat and water quality, incidents, along with other types of
accidents or incidents, titled,
and includes restoration and serious incidents. 75 FR 922. The NTSB
‘‘Immediate notification.’’ The
conservation activities that can be explained its intent in imposing this
regulation currently requires reports of
implemented in the near term. It also reporting requirement is to identify,
Airborne Collision and Avoidance
supports project-specific planning evaluate, and investigate (when
System (ACAS) advisories issued under
efforts necessary to advance large-scale appropriate) serious incidents where
certain specific circumstances. The
restoration. The comprehensive aircraft maneuvers were required to
NTSB now narrows the ACAS reporting
planning and monitoring efforts avert a substantial risk of collision
requirement, consistent with the
included in the FPL will provide Gulf- between aircraft equipped with traffic
agency’s authority to issue non-
wide benefits into the future. collision avoidance systems (TCAS) and
The Council intends to play a key role controversial amendments to rules,
other aircraft and to evaluate situations
in helping to ensure that the Gulf’s pursuant to the direct final rulemaking
where resolution advisories occur
natural resources are sustainable and procedure. The NTSB also updates its
between aircraft under positive control
available for future generations. contact information for notifications.
in class A airspace. The NTSB clarified
Currently available Gulf restoration DATES: This direct final rule will be it did not intend to require the reporting
funds and those that may become effective February 16, 2016, without of all resolution advisories or, outside
available in the future represent a great further notice, unless the NTSB receives class A airspace, to require the reporting
asabaliauskas on DSK5VPTVN1PROD with RULES
responsibility. The ongoing involvement adverse comment by January 14, 2016. of any resolution advisory resulting
of the people who live, work and play If the NTSB receives adverse comment, from an encounter between aircraft
in the Gulf region is critical to ensuring we will publish a timely withdrawal of where no substantial risk of collision
that these monies are used wisely and the direct final rule in the Federal exists. 75 FR 925–26.
effectively. The Council thanks all those Register informing the public that the The NTSB stated it believed the
who have participated in the process rule will not take effect. reporting requirement would achieve
thus far, and offers thanks in advance to ADDRESSES: A copy of this direct final the NTSB’s objective of receiving
those who will take the time to again rule, published in the Federal Register, notification of aircraft encounters that
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Document Created: 2018-03-02 09:16:30
Document Modified: 2018-03-02 09:16:30
| 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 | Rules and Regulations | |
| Action | Notice of availability. | |
| Dates | December 15, 2015. | |
| Contact | Will Spoon at 504-239-9814. | |
| FR Citation | 80 FR 77585 | |
| RIN Number | 3600-AA00 |
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