81 FR 44839 - Final Damage Assessment and Restoration Plan and Environmental Assessment for the T/B DBL 152 Oil Spill in the Gulf of Mexico

DEPARTMENT OF COMMERCE

Federal Register Volume 81, Issue 132 (July 11, 2016)

Page Range		44839-44840
FR Document		2016-16357

NOAA, the Natural Resource Trustee for this project (identified below) has prepared a Final Damage Assessment and Restoration Plan and Environmental Assessment (Final DARP/EA) that addresses natural resource injuries and resource service losses resulting from the November 11, 2005 T/B DBL 152 oil spill in the Gulf of Mexico. This Final DARP/EA presents NOAA's assessment of the injuries to natural resources and services and NOAA's final plan to compensate the public for those losses. NOAA's selected restoration alternative is an estuarine shoreline protection and salt marsh restoration project at the Texas Chenier Plain National Wildlife Refuge Complex. NOAA previously provided the public an opportunity to comment on the Draft DARP/EA. The Draft DARP/EA was released on March 18, 2013 and was announced in a press release on NOAA's Web site and in the Federal Register (March 18, 2013; 78 FR 16655). NOAA received several comments on the Draft DARP/EA and prepared a response to these comments, described in further detail in the Supplementary Information section below. The full text of the public comments received is provided in Appendix C to the Final DARP/EA, and the response to the comments prepared by NOAA, which includes a summary of changes made to the Draft DARP/EA in response to the comments, is provided in Appendix B of the Final DARP/EA. The purpose of this notice, which is issued under the authority of the Oil Pollution Act (OPA) and the National Environmental Policy Act, is to inform the public of the availability of the Final DARP/EA and of the selected restoration alternative.

Federal Register, Volume 81 Issue 132 (Monday, July 11, 2016)

[Federal Register Volume 81, Number 132 (Monday, July 11, 2016)]
[Notices]
[Pages 44839-44840]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-16357]


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DEPARTMENT OF COMMERCE


Final Damage Assessment and Restoration Plan and Environmental 
Assessment for the T/B DBL 152 Oil Spill in the Gulf of Mexico

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

ACTION: Notice of Availability of a Final Damage Assessment and 
Restoration Plan and Environmental Assessment for the T/B DBL 152 Oil 
Spill in the Gulf of Mexico.

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SUMMARY: NOAA, the Natural Resource Trustee for this project 
(identified below) has prepared a Final Damage Assessment and 
Restoration Plan and Environmental Assessment (Final DARP/EA) that 
addresses natural resource injuries and resource service losses 
resulting from the November 11, 2005 T/B DBL 152 oil spill in the Gulf 
of Mexico. This Final DARP/EA presents NOAA's assessment of the 
injuries to natural resources and services and NOAA's final plan to 
compensate the public for those losses. NOAA's selected restoration 
alternative is an estuarine shoreline protection and salt marsh 
restoration project at the Texas Chenier Plain National Wildlife Refuge 
Complex. NOAA previously provided the public an opportunity to comment 
on the Draft DARP/EA. The Draft DARP/EA was released on March 18, 2013 
and was announced in a press release on NOAA's Web site and in the 
Federal Register (March 18, 2013; 78 FR 16655). NOAA received several 
comments on the Draft DARP/EA and prepared a response to these 
comments, described in further detail in the Supplementary Information 
section below. The full text of the public comments received is 
provided in Appendix C to the Final DARP/EA, and the response to the 
comments prepared by NOAA, which includes a summary of changes made to 
the Draft DARP/EA in response to the comments, is provided in Appendix 
B of the Final DARP/EA. The purpose of this notice, which is issued 
under the authority of the Oil Pollution Act (OPA) and the National 
Environmental Policy Act, is to inform the public of the availability 
of the Final DARP/EA and of the selected restoration alternative.

ADDRESSES: Requests for copies of the Final DARP/EA should be directed 
to Kris Benson of NOAA, 4700 Avenue U, Building 307, Galveston, TX 
77551, email: [email protected]. The Final DARP/EA and the 
Finding of No Significant Impact (FONSI) are available at: https://casedocuments.darrp.noaa.gov/southeast/dbl152/admin.html.

FOR FURTHER INFORMATION CONTACT: Kris Benson of NOAA, 4700 Avenue U, 
Building 307, Galveston, TX 77551, email: [email protected].

SUPPLEMENTARY INFORMATION:

Incident and Response

    On November 11, 2005, while en route from Houston, Texas, to Tampa, 
Florida, the integrated tug-barge unit comprised of the tugboat 
``Rebel'' and the double-hull Tank Barge (T/B) DBL 152 struck the 
submerged remains of a pipeline service platform in the Gulf of Mexico 
that collapsed during Hurricane Rita. An estimated 45,846 barrels of 
oil (1,925,532 gallons) were discharged into federal waters of the Gulf 
of Mexico as a result of this incident, most of which sank to the ocean 
floor. Of this volume, an estimated 2,355 barrels (98,910 gallons) were 
recovered by divers. In total, an estimated 43,491 barrels (1,826,622 
gallons) of oil remained unrecovered at the time submerged oil cleanup 
operations were discontinued in January 2006.
    Government agencies responded to the incident to supervise and 
assist in clean-up and begin assessing the impact of the spill on 
natural resources. Under the federal Oil Pollution Act (OPA), 33 U.S.C. 
2701-2761, the National Oceanic and Atmospheric Administration (NOAA), 
of the Department of Commerce, is responsible for restoring

[[Page 44840]]

natural resources injured by the DBL 152 oil spill with funding from 
the responsible party (RP) or, where an RP does not exist or exceeds 
its limit of liability, the Oil Spill Liability Trust Fund (OSLTF) 
administered by the U.S. Coast Guard (USCG). The measure of damages to 
natural resources is the cost of restoring, rehabilitating, replacing 
or acquiring the equivalent of the injured natural resources, 
compensation for the diminution in value of those natural resources 
pending restoration, and the reasonable costs of assessing such 
damages. 33 U.S.C. 2702(b)(2)(A), 2706(d)(1). All recoveries for the 
first two elements are to be spent implementing a restoration plan 
developed by the trustees. 33 U.S.C. 2706(f).

Natural Resource Damage Assessment and Restoration Planning

    NOAA, acting as Trustee on the public's behalf, has conducted a 
natural resource damage assessment (NRDA) to determine the nature and 
extent of natural resource losses resulting from this incident and the 
restoration actions needed to restore these losses. The NRDA was 
conducted using the OPA NRDA regulations found at 15 CFR part 990. On 
the basis of data provided by the NRDA, NOAA prepared this Final Damage 
Assessment and Restoration Plan/Environmental Assessment (Final DARP/
EA) to consider restoration alternatives and identify a selected 
alternative.
    An injury assessment conducted by NOAA determined that the primary 
injury resulting from this incident was to offshore benthic habitat. 
This conclusion is described in greater detail in the Final DARP/EA.
    NOAA considered various restoration alternatives to compensate the 
public for spill-related injuries and to restore comparable natural 
resource services to those that were provided by the resources injured 
by the spill. The selected restoration alternative identified by NOAA 
is an estuarine shoreline protection and salt marsh restoration project 
at the Texas Chenier Plain National Wildlife Refuge Complex. The 
project area is located in Galveston Bay, Texas. The project is 
designed to protect shoreline with a protective structure consisting of 
rip-rap habitat. The project will be designed so that salt marsh 
habitat will be created behind the breakwater. Prior to implementation, 
the project will undergo pre-project engineering to design the 
shoreline protection structure and the marsh.
    The U.S. Coast Guard (USCG) has determined that the RP has exceeded 
its limit of liability under OPA. Therefore, the Final DARP/EA will be 
submitted to the Oil Spill Liability Trust Fund (OSLTF) as part of a 
claim for funds to implement the selected restoration project. The 
OSLTF is administered by the USCG and is maintained through fees paid 
by industry.

Public Comments and NOAA's Response

    NOAA prepared the Final DARP/EA after consideration of the public's 
response to the Draft DARP/EA. One of the comments received was 
supportive of the restoration project alternatives. Other comments 
received asked for clarity on various points in the Draft DARP/EA and 
the NRDA process, questioned various aspects of the NRDA for this site, 
questioned the appropriateness of the selected project to the specific 
injury, or requested additional evaluation or monitoring by NOAA. The 
full text of the public comments received is provided in Appendix C to 
the Final DARP/EA, and NOAA's full response to the comments received, 
along with a discussion of changes made to the DARP/EA in response to 
the comments, is provided in Appendix B to the Final DARP/EA.
    A brief summary of the changes made to the DARP/EA in response to 
the comments is as follows:
     A paragraph on overlapping impacts of the DBL 152 oil 
spill and the 2010 Deepwater Horizon Oil Spill was revised in Section 4 
of the Final DARP/EA.
     A discussion was added to Section 6 of the Final DARP/EA 
regarding a candidate project proposed by the Louisiana Oil Spill 
Coordinator's Office (LOSCO) on behalf of the Louisiana Oil Spill 
Natural Resource Trustees.
     Clarifying language was added to Section 3 of the Final 
DARP/EA regarding potential injuries to water column species.

Administrative Record

    Pursuant to the OPA NRDA regulations, NOAA has developed an 
Administrative Record to support its restoration planning decisions and 
inform the public of the basis of their decisions. Information and 
documents, including public comments received on the Draft DARP/EA, the 
Final DARP/EA, and other related restoration planning documents, are 
also part of the Administrative Record. The documents comprising the 
public record (Administrative Record) can be viewed at https://casedocuments.darrp.noaa.gov/southeast/dbl152/admin.html.

    Dated: June 3, 2016.
David Westerholm,
Director, Office of Response and Restoration.
[FR Doc. 2016-16357 Filed 7-8-16; 8:45 am]
BILLING CODE 3510-JE-P

Federal Register / Vol. 81, No. 132 / Monday, July 11, 2016 / Notices 44839

prior to attendance, please contact the Ranger District, P.O. Box 1328, release on NOAA’s Web site and in the
person listed under FOR FURTHER Petersburg, Alaska 99833; or Robert Federal Register (March 18, 2013; 78 FR
INFORMATION CONTACT. Dalrymple, District Ranger, Wrangell 16655). NOAA received several
ADDRESSES: The meetings will be held at Ranger District, P.O. Box 51, Wrangell, comments on the Draft DARP/EA and
the Wrangell Ranger District Office, 525 Alaska 99929; or by email to prepared a response to these comments,
Bennett Street, Wrangell, Alaska, and dlzimmerman@fs.fed.us or via facsimile described in further detail in the
the Petersburg Ranger District Office, 12 to (907) 772–5995. Summary/minutes of Supplementary Information section
North Nordic Drive in Petersburg, the meeting will be posted on the Web below. The full text of the public
Alaska. Interested persons may attend in site listed above within 45 days after the comments received is provided in
person at either location, or by meeting. Appendix C to the Final DARP/EA, and
teleconference. For anyone who would Meeting Accommodations: If you are the response to the comments prepared
like to attend by teleconference, please a person requiring reasonable by NOAA, which includes a summary of
visit the Committee’s Web site listed in accommodation, please make requests changes made to the Draft DARP/EA in
the SUMMARY section or contact Robert in advance for sign language response to the comments, is provided
Dalrymple at rdalrymple@fs.fed.us or interpreting, assistive listening devices in Appendix B of the Final DARP/EA.
David Zimmerman at dlzimmerman@ or other reasonable accommodation for The purpose of this notice, which is
fs.fed.us for further details. Written access to the facility or proceedings by issued under the authority of the Oil
comments may be submitted as contacting the person listed in the Pollution Act (OPA) and the National
described under SUPPLEMENTARY section titled FOR FURTHER INFORMATION Environmental Policy Act, is to inform
INFORMATION. All comments, including CONTACT. All reasonable the public of the availability of the Final
names and addresses when provided, accommodation requests are managed DARP/EA and of the selected restoration
are placed in the record and are on a case by case basis. alternative.
available for public inspection and Dated: June 24, 2016. ADDRESSES: Requests for copies of the
copying. The public may inspect Final DARP/EA should be directed to
Robert J. Dalrymple,
comments received at the Petersburg Kris Benson of NOAA, 4700 Avenue U,
Ranger District Office or the Wrangell District Ranger.
Building 307, Galveston, TX 77551,
Ranger District Office, Monday through [FR Doc. 2016–16292 Filed 7–8–16; 8:45 am]
email: kristopher.benson@noaa.gov. The
Friday at 8:00 a.m. to 4:30 p.m. Please BILLING CODE 3411–15–P
Final DARP/EA and the Finding of No
call ahead to facilitate entry into the Significant Impact (FONSI) are available
building. at: https://
FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF COMMERCE casedocuments.darrp.noaa.gov/
David Zimmerman, District Ranger, southeast/dbl152/admin.html.
Final Damage Assessment and
Petersburg Ranger District, P.O. Box FOR FURTHER INFORMATION CONTACT: Kris
Restoration Plan and Environmental
1328, Petersburg, Alaska 99833, by Benson of NOAA, 4700 Avenue U,
Assessment for the T/B DBL 152 Oil
phone at (907) 772–3871 or via email at Building 307, Galveston, TX 77551,
dlzimmerman@fs.fed.us, or Robert Spill in the Gulf of Mexico
email: kristopher.benson@noaa.gov.
Dalrymple, District Ranger, Wrangell AGENCY: National Oceanic and SUPPLEMENTARY INFORMATION:
Ranger District, P.O. Box 51, Wrangell, Atmospheric Administration (NOAA),
Alaska 99929, by phone at (907) 874– Commerce. Incident and Response
2323 or via email rdalrymple@fs.fed.us. ACTION: Notice of Availability of a Final On November 11, 2005, while en
Individuals who use telecommunication Damage Assessment and Restoration route from Houston, Texas, to Tampa,
devices for the deaf (TDD) may call the Plan and Environmental Assessment for Florida, the integrated tug-barge unit
Federal Information Relay Service the T/B DBL 152 Oil Spill in the Gulf comprised of the tugboat ‘‘Rebel’’ and
(FIRS) at 1–800–877–8339 between 8:00 of Mexico. the double-hull Tank Barge (T/B) DBL
a.m. and 8:00 p.m., Eastern Standard 152 struck the submerged remains of a
Time, Monday through Friday. SUMMARY: NOAA, the Natural Resource pipeline service platform in the Gulf of
SUPPLEMENTARY INFORMATION: The Trustee for this project (identified Mexico that collapsed during Hurricane
purpose of the meetings is to: below) has prepared a Final Damage Rita. An estimated 45,846 barrels of oil
(1) Review progress of previously funded Assessment and Restoration Plan and (1,925,532 gallons) were discharged into
projects; Environmental Assessment (Final federal waters of the Gulf of Mexico as
(2) Review new project proposals; and DARP/EA) that addresses natural a result of this incident, most of which
(2) Conclude any business that may be resource injuries and resource service sank to the ocean floor. Of this volume,
remaining concerning recommendations for losses resulting from the November 11, an estimated 2,355 barrels (98,910
allocation of title II funding to projects. 2005 T/B DBL 152 oil spill in the Gulf gallons) were recovered by divers. In
The agenda will include time for of Mexico. This Final DARP/EA total, an estimated 43,491 barrels
people to make oral statements of three presents NOAA’s assessment of the (1,826,622 gallons) of oil remained
minutes or less. Individuals wishing to injuries to natural resources and unrecovered at the time submerged oil
make an oral statement should request services and NOAA’s final plan to cleanup operations were discontinued
in writing by at least one week prior to compensate the public for those losses. in January 2006.
the meeting to be scheduled on the NOAA’s selected restoration alternative Government agencies responded to
agenda. Anyone who would like to is an estuarine shoreline protection and the incident to supervise and assist in
sradovich on DSK3GDR082PROD with NOTICES

bring related matters to the attention of salt marsh restoration project at the clean-up and begin assessing the impact
the Committee may file written Texas Chenier Plain National Wildlife of the spill on natural resources. Under
statements with the Committee staff Refuge Complex. NOAA previously the federal Oil Pollution Act (OPA), 33
before or after the meeting. Written provided the public an opportunity to U.S.C. 2701–2761, the National Oceanic
comments and time requests for oral comment on the Draft DARP/EA. The and Atmospheric Administration
comments must be sent to David Draft DARP/EA was released on March (NOAA), of the Department of
Zimmerman, District Ranger, Petersburg 18, 2013 and was announced in a press Commerce, is responsible for restoring

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44840 Federal Register / Vol. 81, No. 132 / Monday, July 11, 2016 / Notices

natural resources injured by the DBL limit of liability under OPA. Therefore, Dated: June 3, 2016.
152 oil spill with funding from the the Final DARP/EA will be submitted to David Westerholm,
responsible party (RP) or, where an RP the Oil Spill Liability Trust Fund Director, Office of Response and Restoration.
does not exist or exceeds its limit of (OSLTF) as part of a claim for funds to [FR Doc. 2016–16357 Filed 7–8–16; 8:45 am]
liability, the Oil Spill Liability Trust implement the selected restoration BILLING CODE 3510–JE–P
Fund (OSLTF) administered by the U.S. project. The OSLTF is administered by
Coast Guard (USCG). The measure of the USCG and is maintained through
damages to natural resources is the cost fees paid by industry. DEPARTMENT OF COMMERCE
of restoring, rehabilitating, replacing or
acquiring the equivalent of the injured Public Comments and NOAA’s Foreign-Trade Zones Board
natural resources, compensation for the Response
[B–13–2016]
diminution in value of those natural NOAA prepared the Final DARP/EA
resources pending restoration, and the after consideration of the public’s Foreign-Trade Zone (FTZ) 141—
reasonable costs of assessing such response to the Draft DARP/EA. One of Monroe County, New York;
damages. 33 U.S.C. 2702(b)(2)(A), the comments received was supportive Authorization of Proposed Production
2706(d)(1). All recoveries for the first of the restoration project alternatives. Activity; Xerox Corporation; Subzone
two elements are to be spent Other comments received asked for 141B (Bulk Xerographic Toner, Toner
implementing a restoration plan clarity on various points in the Draft Cartridges and Photoreceptors);
developed by the trustees. 33 U.S.C. DARP/EA and the NRDA process, Webster, New York
2706(f). questioned various aspects of the NRDA
for this site, questioned the On March 7, 2016, the County of
Natural Resource Damage Assessment Monroe, New York, grantee of FTZ 141,
and Restoration Planning appropriateness of the selected project
to the specific injury, or requested submitted a notification of proposed
NOAA, acting as Trustee on the additional evaluation or monitoring by production activity to the FTZ Board on
public’s behalf, has conducted a natural NOAA. The full text of the public behalf of Xerox Corporation (Xerox)
resource damage assessment (NRDA) to comments received is provided in located within Subzone 141B in
determine the nature and extent of Appendix C to the Final DARP/EA, and Webster, New York.
natural resource losses resulting from NOAA’s full response to the comments The notification (updated on April 26,
this incident and the restoration actions received, along with a discussion of 2016) was processed in accordance with
needed to restore these losses. The changes made to the DARP/EA in the regulations of the FTZ Board (15
NRDA was conducted using the OPA response to the comments, is provided CFR part 400), including notice in the
NRDA regulations found at 15 CFR part in Appendix B to the Final DARP/EA. Federal Register inviting public
990. On the basis of data provided by comment (81 FR 14834, March 18,
A brief summary of the changes made
the NRDA, NOAA prepared this Final 2016). The FTZ Board has determined
to the DARP/EA in response to the
Damage Assessment and Restoration that no further review of the activity is
Plan/Environmental Assessment (Final comments is as follows:
• A paragraph on overlapping warranted at this time. The production
DARP/EA) to consider restoration activity described in the updated
alternatives and identify a selected impacts of the DBL 152 oil spill and the
2010 Deepwater Horizon Oil Spill was notification is authorized, subject to the
alternative. FTZ Act and the Board’s regulations,
An injury assessment conducted by revised in Section 4 of the Final DARP/
EA. including Section 400.14.
NOAA determined that the primary
injury resulting from this incident was • A discussion was added to Section Dated: July 5, 2016.
to offshore benthic habitat. This 6 of the Final DARP/EA regarding a Andrew McGilvray,
conclusion is described in greater detail candidate project proposed by the Executive Secretary.
in the Final DARP/EA. Louisiana Oil Spill Coordinator’s Office [FR Doc. 2016–16375 Filed 7–8–16; 8:45 am]
NOAA considered various restoration (LOSCO) on behalf of the Louisiana Oil BILLING CODE 3510–DS–P
alternatives to compensate the public Spill Natural Resource Trustees.
for spill-related injuries and to restore • Clarifying language was added to
comparable natural resource services to Section 3 of the Final DARP/EA DEPARTMENT OF COMMERCE
those that were provided by the regarding potential injuries to water
resources injured by the spill. The column species. International Trade Administration
selected restoration alternative
Administrative Record Renewable Energy and Energy
identified by NOAA is an estuarine
Pursuant to the OPA NRDA Efficiency Business Directory Survey
shoreline protection and salt marsh
restoration project at the Texas Chenier regulations, NOAA has developed an AGENCY: International Trade
Plain National Wildlife Refuge Administrative Record to support its Administration, U.S. Department of
Complex. The project area is located in restoration planning decisions and Commerce.
Galveston Bay, Texas. The project is inform the public of the basis of their ACTION: Opportunity to participate in
designed to protect shoreline with a decisions. Information and documents, the RE3 App.
protective structure consisting of rip-rap including public comments received on
habitat. The project will be designed so the Draft DARP/EA, the Final DARP/EA, SUMMARY: The U.S. Departments of
that salt marsh habitat will be created and other related restoration planning State, Commerce, and Energy (the
sradovich on DSK3GDR082PROD with NOTICES

behind the breakwater. Prior to documents, are also part of the ‘‘Interagency Team’’) announce an
implementation, the project will Administrative Record. The documents opportunity for U.S.-based suppliers
undergo pre-project engineering to comprising the public record and providers of clean energy, smart
design the shoreline protection structure (Administrative Record) can be viewed grid, and energy efficiency solutions to
and the marsh. at https:// participate in an interactive directory of
The U.S. Coast Guard (USCG) has casedocuments.darrp.noaa.gov/ renewable energy and energy efficiency
determined that the RP has exceeded its southeast/dbl152/admin.html. solutions. The Interagency Team has

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Document Created: 2016-07-09 00:21:42
Document Modified: 2016-07-09 00:21:42

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 Final Damage Assessment and Restoration Plan and Environmental Assessment for the T/B DBL 152 Oil Spill in the Gulf of Mexico.
Contact		Kris Benson of NOAA, 4700 Avenue U, Building 307, Galveston, TX 77551, email: [email protected]
FR Citation		81 FR 44839