81 FR 17438 - Notice of Availability of the Deepwater Horizon
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 60 (March 29, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 60 (March 29, 2016)
| Page Range | 17438-17439 | |
| FR Document | 2016-06979 |
[Federal Register Volume 81, Number 60 (Tuesday, March 29, 2016)] [Notices] [Pages 17438-17439] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-06979] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE201 Notice of Availability of the Deepwater Horizon Oil Spill Record of Decision (ROD) for the Final Programmatic Damage Assessment and Restoration Plan and Final Programmatic Environmental Impact Statement (Final PDARP/PEIS) AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of availability of a Record of Decision. ----------------------------------------------------------------------- SUMMARY: In accordance with the Oil Pollution Act of 1990 (OPA) and the National Environmental Policy Act (NEPA), notice is hereby given that the Deepwater Horizon Federal and State natural resource trustee agencies (Trustees) have issued a Record of Decision (ROD) for the Final Programmatic Damage Assessment and Restoration Plan and Final Programmatic Environmental Impact Statement (Final PDARP/PEIS). Based on the Trustees' injury determination established in the Final PDARP/ PEIS, the ROD sets forth the basis for the Trustees' decision to select Alternative A: Comprehensive Integrated Ecosystem Alternative. The Trustees' selection of this alternative includes the funding allocations established in the Final PDARP/PEIS. ADDRESSES: Obtaining Documents: You may download the ROD at http://www.gulfspillrestoration.noaa.gov or http://www.doi.gov/deepwaterhorizon. You may also view the ROD at any of the public repositories listed at http://www.gulfspillrestoration.noaa.gov. FOR FURTHER INFORMATION CONTACT: Courtney Groeneveld at [email protected], mail to: [email protected]. SUPPLEMENTARY INFORMATION: Background On February 17, 2011, the Trustees initiated a 90-day formal scoping and public comment period for the 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. A Notice of Availability of the Draft PDARP/PEIS was published in the Federal Register on October 5, 2015 (80 FR 60126). The Draft PDARP/ PEIS presented the assessment of impacts of the Deepwater Horizon incident on natural resources in the Gulf of Mexico and on the services those resources provide, and determined the restoration needed to compensate the public for these impacts. The Draft PDARP/PEIS presented four programmatic alternatives evaluated in accordance with OPA and NEPA:Alternative A (Preferred Alternative): Comprehensive Integrated Ecosystem Restoration Plan based on programmatic Trustee goals; Alternative B: Resource-Specific Restoration Plan based on programmatic Trustee goals; Alternative C: Continued Injury Assessment and Defer Comprehensive Restoration Plan; and Alternative D: No Action/Natural Recovery. The Trustees provided the public with 60 days to review and comment on the Draft PDARP/PEIS. The Trustees held public meetings in Houma, LA; Long Beach, MS; New Orleans, LA; Mobile, AL; Pensacola, FL; St. Petersburg, FL; Galveston, TX; and Washington, DC, to facilitate public understanding of the document and provide opportunity for public comment. Additionally, the Trustees solicited public input through a variety of mechanisms, including electronic communications, Trustee Council and individual Trustee public Web sites, and a public comment portal for public comment collection. The Trustees prepared the Final PDARP/PEIS in consideration of the public comments received and included a summary of the comments and responses in the Final PDARP/ PEIS. A Notice of Availability of the Final PDARP/PEIS was published in the Federal Register on February 19, 2016 (81 FR 8483). In the Final PDARP/PEIS, the Deepwater Horizon Trustees presented 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, including funding allocations, for restoring those resources and the services they provide. The Final PDARP/PEIS describes the framework by which subsequent project specific restoration plans will be developed. As documented in the Record of Decision (ROD) signed on March 22, 2016, the Trustees have: Determined the extent of injury to natural resources and services caused by the Deepwater Horizon oil spill incident; analyzed alternatives to restore those injuries; considered environmental impacts associated with the restoration alternatives, including the extent to which any adverse impacts could be mitigated; considered public and agency comments; considered the funding allocations required for restoration; and developed a governance approach for implementing restoration. Based on these considerations and the determination of injury, the ROD presents the Trustees' decision to select their Preferred Alternative, Alternative A: Comprehensive Integrated Ecosystem Restoration and the associated funding allocation, for implementation. The Trustees also conclude that all practicable means to avoid, minimize, or compensate for environmental harm from the action have been considered programmatically in the PDARP/PEIS, and that project-specific measures will be adopted at a later date during subsequent restoration planning. The Trustees considered 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 [[Page 17439]] 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. The proposed Consent Decree for the proposed settlement was the subject of a separate public notice and comment process; the Notice of Lodging of the proposed Consent Decree under the Clean Water Act and Oil Pollution Act was published in the Federal Register on October 5, 2015 (80 FR 60180). Administrative Record The documents included in the Administrative Record for the final PDARP/PEIS decision can be viewed electronically at the following location: http://www.doi.gov/deepwaterhorizon/adminrecord. The Trustees opened a publicly available Administrative Record for the Natural Resource Damage Assessment for the Deepwater Horizon oil spill, including restoration planning activities, concurrently with publication of a 2010 Notice of Intent to Conduct Restoration Planning (75 FR 60802) (pursuant to 15 CFR 990.45). Authorities The authorities for this action are 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 part 990, and the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). Dated: March 23, 2016. Eileen Sobeck, Assistant Administrator for Fisheries, National Marine Fisheries Service. [FR Doc. 2016-06979 Filed 3-28-16; 8:45 am] BILLING CODE 3510-22-P
![17438 Federal Register / Vol. 81, No. 60 / Tuesday, March 29, 2016 / Notices
Comment VII Rescission of Review with public repositories listed at http://www. comment. Additionally, the Trustees
Respect to NTACO Corporation and Nam gulfspillrestoration.noaa.gov. solicited public input through a variety
Phuong Seafood Company Ltd.
FOR FURTHER INFORMATION CONTACT: of mechanisms, including electronic
Comment VIII Combination Rates communications, Trustee Council and
Comment IX Surrogate Value for Fish Feed Courtney Groeneveld at gulfspill.
Comment X Surrogate Value for Fingerlings restoration@noaa.gov, mail to: individual Trustee public Web sites,
Comment XI Surrogate Value for Water fw4coastalDERPcomments@fws.gov. and a public comment portal for public
Comment XII Application of Marine SUPPLEMENTARY INFORMATION:
comment collection. The Trustees
Insurance prepared the Final PDARP/PEIS in
Comment XIII Packing Background consideration of the public comments
A. Packing Type Should Not be a Physical received and included a summary of the
On February 17, 2011, the Trustees
Characteristic comments and responses in the Final
B. Tafishco’s Packing Materials Factors of initiated a 90-day formal scoping and
public comment period for the Draft PDARP/PEIS.
Production Usage Rates A Notice of Availability of the Final
C. Surrogate Value for Strap PDARP/PEIS (76 FR 9327) through a
PDARP/PEIS was published in the
D. Surrogate Value for Tape Notice of Intent (NOI) to Begin
Federal Register on February 19, 2016
Comment XIV By-Products Restoration Scoping and Prepare a Gulf
A. Whether to Value Certain By-products (81 FR 8483). In the Final PDARP/PEIS,
Spill Restoration Planning PEIS. The
B. Surrogate Value for Fish Waste the Deepwater Horizon Trustees
Trustees conducted the scoping in
Comment XV Customs Instructions presented their findings on the
accordance with OPA (15 CFR
[FR Doc. 2016–07072 Filed 3–28–16; 8:45 am] extensive injuries to multiple habitats,
990.14(d)), NEPA (40 CFR 1501.7), and
BILLING CODE 3510–DS–P biological species, ecological functions,
State authorities. That NOI requested
and geographic regions across the
public input to identify and evaluate a
northern Gulf of Mexico that occurred
range of restoration types that could be
DEPARTMENT OF COMMERCE as a result of the Deepwater Horizon
used to fully compensate the public for incident, as well as their programmatic
National Oceanic and Atmospheric the environmental and recreational use plan, including funding allocations, for
Administration damages caused by the spill, as well as restoring those resources and the
develop procedures to select and services they provide. The Final
RIN 0648–XE201 implement restoration projects that will PDARP/PEIS describes the framework
compensate the public for the natural
Notice of Availability of the Deepwater by which subsequent project specific
resource damages caused by the spill.
Horizon Oil Spill Record of Decision restoration plans will be developed.
As part of the scoping process, the
(ROD) for the Final Programmatic As documented in the Record of
Trustees hosted public meetings across
Damage Assessment and Restoration Decision (ROD) signed on March 22,
all the Gulf States during Spring 2011. 2016, the Trustees have: Determined the
Plan and Final Programmatic
A Notice of Availability of the Draft extent of injury to natural resources and
Environmental Impact Statement (Final
PDARP/PEIS was published in the services caused by the Deepwater
PDARP/PEIS)
Federal Register on October 5, 2015 (80 Horizon oil spill incident; analyzed
AGENCY: National Marine Fisheries FR 60126). The Draft PDARP/PEIS alternatives to restore those injuries;
Service (NMFS), National Oceanic and presented the assessment of impacts of considered environmental impacts
Atmospheric Administration (NOAA), the Deepwater Horizon incident on associated with the restoration
Commerce. natural resources in the Gulf of Mexico alternatives, including the extent to
ACTION: Notice of availability of a and on the services those resources which any adverse impacts could be
Record of Decision. provide, and determined the restoration mitigated; considered public and agency
needed to compensate the public for comments; considered the funding
SUMMARY: In accordance with the Oil these impacts. The Draft PDARP/PEIS allocations required for restoration; and
Pollution Act of 1990 (OPA) and the presented four programmatic developed a governance approach for
National Environmental Policy Act alternatives evaluated in accordance implementing restoration. Based on
(NEPA), notice is hereby given that the with OPA and NEPA: these considerations and the
Deepwater Horizon Federal and State • Alternative A (Preferred determination of injury, the ROD
natural resource trustee agencies Alternative): Comprehensive Integrated presents the Trustees’ decision to select
(Trustees) have issued a Record of Ecosystem Restoration Plan based on their Preferred Alternative, Alternative
Decision (ROD) for the Final programmatic Trustee goals; A: Comprehensive Integrated Ecosystem
Programmatic Damage Assessment and • Alternative B: Resource-Specific Restoration and the associated funding
Restoration Plan and Final Restoration Plan based on programmatic allocation, for implementation. The
Programmatic Environmental Impact Trustee goals; Trustees also conclude that all
Statement (Final PDARP/PEIS). Based • Alternative C: Continued Injury practicable means to avoid, minimize,
on the Trustees’ injury determination Assessment and Defer Comprehensive or compensate for environmental harm
established in the Final PDARP/PEIS, Restoration Plan; and from the action have been considered
the ROD sets forth the basis for the • Alternative D: No Action/Natural programmatically in the PDARP/PEIS,
Trustees’ decision to select Alternative Recovery. and that project-specific measures will
A: Comprehensive Integrated Ecosystem The Trustees provided the public be adopted at a later date during
Alternative. The Trustees’ selection of with 60 days to review and comment on subsequent restoration planning.
this alternative includes the funding
mstockstill on DSK4VPTVN1PROD with NOTICES
the Draft PDARP/PEIS. The Trustees The Trustees considered this
allocations established in the Final held public meetings in Houma, LA; programmatic restoration planning
PDARP/PEIS. Long Beach, MS; New Orleans, LA; decision in light of the proposed
ADDRESSES: Obtaining Documents: You Mobile, AL; Pensacola, FL; St. settlement among BP, the United States,
may download the ROD at http://www. Petersburg, FL; Galveston, TX; and and the States of Louisiana, Mississippi,
gulfspillrestoration.noaa.gov or http:// Washington, DC, to facilitate public Alabama, Florida, and Texas to resolve
www.doi.gov/deepwaterhorizon. You understanding of the document and BP’s liability for natural resource
may also view the ROD at any of the provide opportunity for public damages associated with the Deepwater
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![Federal Register / Vol. 81, No. 60 / Tuesday, March 29, 2016 / Notices 17439
Horizon incident. Under this proposed SUMMARY: In accordance with authorizations for the incidental
settlement, BP would pay a total of $8.1 regulations implementing the Marine harassment of marine mammals. Within
billion for restoration to address natural Mammal Protection Act (MMPA) as 45 days of the close of the comment
resource injuries (this includes $1 amended, notification is hereby given period, NMFS must either issue or deny
billion already committed for early that NMFS has issued an Incidental the authorization.
restoration), plus up to an additional Harassment Authorization (IHA) to the Summary of Request
$700 million to respond to natural Washington State Department of
resource damages unknown at the time Transportation (WSDOT) to take, by On June 9, 2015 WSDOT submitted a
of the settlement and/or to provide for harassment, small numbers of 10 request to NOAA requesting an IHA for
adaptive management. The proposed species of marine mammals incidental the possible harassment of small
Consent Decree for the proposed to construction activities for the numbers of marine mammal species
settlement was the subject of a separate Coupeville Timber Tower Preservation incidental to construction associated
public notice and comment process; the Project in Washington State, between with the Coupeville Timber Towers
Notice of Lodging of the proposed July 15, 2016, and July 14, 2017. Preservation Project at the Coupeville
Consent Decree under the Clean Water DATES: This authorization is effective
Ferry Terminal in Washington State,
Act and Oil Pollution Act was from July 15, 2016, through July 14, between July 15, 2016, and July 14,
published in the Federal Register on 2017. On September 22, WSDOT
2017.
October 5, 2015 (80 FR 60180). submitted a revised IHA application
FOR FURTHER INFORMATION CONTACT: which incorporated rigorous monitoring
Administrative Record Shane Guan, Office of Protected and mitigation measures that would
The documents included in the Resources, NMFS, (301) 427–8401. prevent the take of humpback whales
Administrative Record for the final SUPPLEMENTARY INFORMATION: and the Southern Resident killer
PDARP/PEIS decision can be viewed Background whales, which are listed under the
electronically at the following location: Endangered Species Act (ESA). The
Sections 101(a)(5)(A) and (D) of the revised IHA application requests the
http://www.doi.gov/deepwaterhorizon/
MMPA (16 U.S.C. 1361 et seq.) direct take of small numbers of 10 marine
adminrecord.
The Trustees opened a publicly the Secretary of Commerce to allow, mammal species incidental to the
available Administrative Record for the upon request, the incidental, but not Coupeville Timber Towers Preservation
Natural Resource Damage Assessment intentional, taking of small numbers of Project. NMFS determined that the IHA
for the Deepwater Horizon oil spill, marine mammals by U.S. citizens who application was complete on October 1,
including restoration planning engage in a specified activity (other than 2015. NMFS proposed to authorize the
activities, concurrently with publication commercial fishing) within a specified Level B harassment of the following
of a 2010 Notice of Intent to Conduct geographical region if certain findings marine mammal species/stocks: harbor
Restoration Planning (75 FR 60802) are made and either regulations are seal, California sea lion, Steller sea lion
(pursuant to 15 CFR 990.45). issued or, if the taking is limited to (eastern Distinct Population Segment, or
harassment, a notice of a proposed DPS), northern elephant seal, killer
Authorities authorization is provided to the public whale (West Coast transient stock), gray
The authorities for this action are the for review. whale, minke whale, harbor porpoise,
Oil Pollution Act of 1990 (33 U.S.C. An authorization for incidental Dall’s porpoise, and Pacific white-sided
2701 et seq.) and the implementing takings shall be granted if NMFS finds dolphin.
Natural Resource Damage Assessment that the taking will have a negligible
impact on the species or stock(s), will Description of the Specified Activity
regulations found at 15 CFR part 990,
and the National Environmental Policy not have an unmitigable adverse impact A detailed description of the
Act of 1969 (42 U.S.C. 4321 et seq.). on the availability of the species or WSDOT’s Coupeville Timber Towers
stock(s) for subsistence uses (where Preservation Project is provided in the
Dated: March 23, 2016.
relevant), and if the permissible Federal Register notice for the proposed
Eileen Sobeck, methods of taking and requirements IHA (81 FR 3378; January 21, 2016).
Assistant Administrator for Fisheries, pertaining to the mitigation, monitoring WSDOT proposes to conduct
National Marine Fisheries Service. and reporting of such takings are set Coupeville Timber Towers Preservation
[FR Doc. 2016–06979 Filed 3–28–16; 8:45 am] forth. NMFS has defined ‘‘negligible Project at the Washington Coupeville
BILLING CODE 3510–22–P impact’’ in 50 CFR 216.103 as ‘‘. . . an Ferry Terminal on Whidbey Island,
impact resulting from the specified Washington (Figure 1–2 of the IHA
activity that cannot be reasonably application), to upgrade the existing
DEPARTMENT OF COMMERCE expected to, and is not reasonably likely transfer span towers at the Coupeville
to, adversely affect the species or stock Ferry Terminal. These activities include
National Oceanic and Atmospheric
through effects on annual rates of impact pile driving and vibratory pile
Administration
recruitment or survival.’’ removal.
RIN 0648–XE234 Section 101(a)(5)(D) of the MMPA Eight 24-inch diameter hollow steel
established an expedited process by piles would be installed to support the
Taking of Marine Mammals Incidental which citizens of the U.S. can apply for towers, and concrete caps will be
to Specified Activities; Coupeville a one-year authorization to incidentally installed on top of the towers in order
Timber Towers Preservation Project
mstockstill on DSK4VPTVN1PROD with NOTICES
take small numbers of marine mammals to support the headframe that houses
AGENCY: National Marine Fisheries by harassment, provided that there is no the pulleys for the transfer span cables.
Service (NMFS), National Oceanic and potential for serious injury or mortality Five to seven 12-inch timber piles
Atmospheric Administration (NOAA), to result from the activity. Section would be removed to allow room for the
Commerce. 101(a)(5)(D) establishes a 45-day time new steel piles to be installed. The
limit for NMFS review of an application remaining tower timber piles would
ACTION: Notice; issuance of an incidental
followed by a 30-day public notice and remain in place to help support the
take authorization.
comment period on any proposed structure. Up to 6 temporary 24-inch
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Document Created: 2016-03-30 08:29:09
Document Modified: 2016-03-30 08:29:09
| 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 of a Record of Decision. | |
| Contact | Courtney Groeneveld at [email protected], mail to: [email protected] | |
| FR Citation | 81 FR 17438 | |
| RIN Number | 0648-XE20 |
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