81 FR 6291 - Deepwater Horizon Oil Spill; Final Phase V Early Restoration Plan and Environmental Assessment
DEPARTMENT OF THE INTERIOR Federal Register Volume 81, Issue 24 (February 5, 2016)
Federal Register Volume 81, Issue 24 (February 5, 2016)
| Page Range | 6291-6292 | |
| FR Document | 2016-02089 |
[Federal Register Volume 81, Number 24 (Friday, February 5, 2016)] [Notices] [Pages 6291-6292] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-02089] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR [FWS-R4-FHC-2016-N004; FVHC98210408710-XXX-FF04G01000] Deepwater Horizon Oil Spill; Final Phase V Early Restoration Plan and Environmental Assessment AGENCY: Interior. ACTION: Notice of availability. ----------------------------------------------------------------------- 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, notice is hereby given that the Federal and State natural resource trustee agencies (Trustees) have approved the Phase V Early Restoration Plan and Environmental Assessment (Phase V ERP/EA). The Trustees have selected the first phase of the Florida Coastal Access Project which is consistent with the early restoration program alternatives selected in the final Phase III Early Restoration Plan/ Programmatic Environmental Impact Statement (Phase III ERP/PEIS). This early restoration project will 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 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.'' ADDRESSES: Obtaining Documents: You may download the Phase V ERP/EA at: http://www.gulfspillrestoration.noaa.gov or http://www.doi.gov/deepwaterhorizon. Alternatively, you may request a CD of the Phase V ERP/EAs (see FOR FURTHER INFORMATION CONTACT). You may also view the document at any of the public facilities listed at http://www.gulfspillrestoration.noaa.gov. 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 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, as represented by the National Park Service, U.S. Fish and Wildlife Service, and Bureau of Land Management; National Oceanic and Atmospheric Administration, on behalf of the U.S. Department of Commerce; U.S. Department of Agriculture; U.S. Environmental Protection Agency; 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 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'' and 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 fully compensate the public for natural resource losses, including recreational use losses, from the Deepwater Horizon oil spill. A Notice of Availability of the Draft Phase V Early Restoration Plan and Environmental Assessments (Draft Phase V ERP/EA) was published in the Federal Register on December 1, 2015 (80 FR 75126). The Trustees provided the public with 30 days to review the Draft Phase V ERP/EA and held one public meeting on December 14, 2015 in Panama City, FL. The Trustees considered the public comments received, which informed the Trustees' analyses and selection of the early restoration project in the final Phase V ERP/EA. A summary of the public comments received, and the Trustees' responses to those comments are addressed in Chapter 4 of the final Phase V ERP/EA. In four previous phases, the Trustees selected, and BP agreed to fund, a total [[Page 6292]] 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. Overview of the Phase V ERP/EA The Trustees approved the first phase of the Florida Coastal Access Project in the Phase V ERP/EA. The estimated cost for the first phase of the Florida Coastal Access Project is $34,372,184. The estimated cost of the total Florida Coastal Access Project is $45,415,573. The Trustees anticipate proposing an additional future phase of the Florida Coastal Access Project, consisting of similar restoration activities that would utilize the remaining $11,043,389, if approved. Details on the first phase of the Florida Coastal Access Project are provided in the Phase V ERP/EA. The 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 address injuries caused by the Deepwater Horizon oil spill, (both injuries to the physical and biological environment, as well as to the relationship people have with the environment). In addition, the Phase V ERP/EA 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.'' Administrative Record The documents comprising the Administrative Record 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. 2016-02089 Filed 2-4-16; 8:45 am] BILLING CODE 4310-55-P
![Federal Register / Vol. 81, No. 24 / Friday, February 5, 2016 / Notices 6291
Conference Number 1–888–417–0376, Introduction • State of Mississippi Department of
Passcode 1509140. Environmental Quality;
On or about April 20, 2010, the
Dated: January 11, 2016. • State of Alabama Department of
mobile offshore drilling unit Deepwater
Lawrence S. Roberts, Conservation and Natural Resources and
Horizon, which was being used to drill
Geological Survey of Alabama;
Principal Deputy Assistant Secretary—Indian a well for BP Exploration and • State of Florida Department of
Affairs. Production, Inc. (BP), in the Macondo Environmental Protection and Fish and
[FR Doc. 2016–02249 Filed 2–4–16; 8:45 am] prospect (Mississippi Canyon 252— Wildlife Conservation Commission; and
BILLING CODE 4337–15–P MC252), experienced a significant • For the State of Texas: Texas Parks
explosion, fire, and subsequent sinking and Wildlife Department, Texas General
in the Gulf of Mexico, resulting in an Land Office, and Texas Commission on
DEPARTMENT OF THE INTERIOR unprecedented volume of oil and other Environmental Quality.
discharges from the rig and from the
[FWS–R4–FHC–2016–N004; wellhead on the seabed. The Deepwater Background
FVHC98210408710–XXX–FF04G01000] Horizon oil spill is the largest off shore In the April 2011 Framework
oil spill in U.S. history, discharging Agreement for Early Restoration
Deepwater Horizon Oil Spill; Final millions of barrels of oil over a period Addressing Injuries Resulting from the
Phase V Early Restoration Plan and of 87 days. In addition, well over 1 Deepwater Horizon Oil Spill
Environmental Assessment million gallons of dispersants were (Framework Agreement), BP agreed to
AGENCY: Interior. applied to the waters of the spill area in provide the Trustees up to $1 billion
an attempt to disperse the spilled oil. toward early restoration projects in the
ACTION: Notice of availability.
An undetermined amount of natural gas Gulf of Mexico to address injuries to
SUMMARY: In accordance with the Oil was also released into the environment natural resources caused by the
Pollution Act of 1990 (OPA), the as a result of the spill. Deepwater Horizon oil spill. The
National Environmental Policy Act Under the Oil Pollution Act 1990 Framework Agreement represents a
(NEPA), and the Framework Agreement (OPA; 33 U.S.C. 2701 et seq.), preliminary step toward the restoration
for Early Restoration Addressing designated Federal and State agencies of injured natural resources and is
Injuries Resulting from the Deepwater may act as trustees on behalf of the intended to expedite the start of
Horizon Oil Spill, notice is hereby given public to assess natural resource injuries restoration in the Gulf in advance of the
that the Federal and State natural and losses resulting from an oil spill completion of the injury assessment
resource trustee agencies (Trustees) and to determine the restoration actions process. The Framework Agreement
have approved the Phase V Early needed to compensate the public for provides a mechanism through which
Restoration Plan and Environmental those injuries and losses. OPA instructs the Trustees and BP can work together
Assessment (Phase V ERP/EA). The the trustees to develop and implement ‘‘to commence implementation of early
Trustees have selected the first phase of a plan for the restoration, rehabilitation, restoration projects that will provide
the Florida Coastal Access Project replacement, or acquisition of the meaningful benefits to accelerate
which is consistent with the early equivalent of the injured natural restoration in the Gulf as quickly as
restoration program alternatives selected resources under their trusteeship, practicable’’ and prior to the resolution
in the final Phase III Early Restoration including the loss of use and services of the Trustees’ natural resource
Plan/Programmatic Environmental from those resources from the time of damages claim. Early restoration is not
Impact Statement (Phase III ERP/PEIS). injury until the time of restoration to intended to and does not fully address
This early restoration project will baseline (the resource quality and all injuries caused by the Deepwater
continue the process of restoring natural conditions that would exist if the spill Horizon oil spill. Restoration beyond
resources and services injured or lost as had not occurred) is complete. For the early restoration projects will be
a result of the Deepwater Horizon oil Deepwater Horizon oil spill, designated required to fully compensate the public
spill, which occurred on or about April trustees (Trustees) in four Federal for natural resource losses, including
20, 2010, in the Gulf of Mexico. The agencies and five Gulf States—Alabama, recreational use losses, from the
Phase V ERP/EA also includes notices of Florida, Louisiana, Mississippi, and Deepwater Horizon oil spill.
change and supporting analysis for two Texas—have been working together to A Notice of Availability of the Draft
Phase III Early Restoration Projects: assess natural resource injuries and Phase V Early Restoration Plan and
‘‘Strategically Provided Boat Access prepare a series of restoration plans Environmental Assessments (Draft
Along Florida’s Gulf Coast—City of Port described below. Phase V ERP/EA) was published in the
St. Joe, Frank Pate Boat Ramp The Trustees are: Federal Register on December 1, 2015
Improvements’’ and ‘‘Florida Artificial • U.S. Department of the Interior, as (80 FR 75126). The Trustees provided
Reef Creation and Restoration.’’ represented by the National Park the public with 30 days to review the
Service, U.S. Fish and Wildlife Service, Draft Phase V ERP/EA and held one
ADDRESSES: Obtaining Documents: You
and Bureau of Land Management; public meeting on December 14, 2015 in
may download the Phase V ERP/EA at:
• National Oceanic and Atmospheric Panama City, FL. The Trustees
http://www.gulfspillrestoration.noaa.gov
Administration, on behalf of the U.S. considered the public comments
or http://www.doi.gov/deepwater
Department of Commerce; received, which informed the Trustees’
horizon. Alternatively, you may request • U.S. Department of Agriculture; analyses and selection of the early
a CD of the Phase V ERP/EAs (see FOR • U.S. Environmental Protection
mstockstill on DSK4VPTVN1PROD with NOTICES
restoration project in the final Phase V
FURTHER INFORMATION CONTACT). You
Agency; ERP/EA. A summary of the public
may also view the document at any of • State of Louisiana Coastal comments received, and the Trustees’
the public facilities listed at http://www. Protection and Restoration Authority, responses to those comments are
gulfspillrestoration.noaa.gov. Oil Spill Coordinator’s Office, addressed in Chapter 4 of the final
FOR FURTHER INFORMATION CONTACT: Department of Environmental Quality, Phase V ERP/EA.
Nanciann Regalado, at 404–679–4161. Department of Wildlife and Fisheries, In four previous phases, the Trustees
SUPPLEMENTARY INFORMATION: and Department of Natural Resources; selected, and BP agreed to fund, a total
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![6292 Federal Register / Vol. 81, No. 24 / Friday, February 5, 2016 / Notices
of 64 early restoration projects expected Early Restoration Projects: ‘‘Strategically INTERNATIONAL TRADE
to cost a total of approximately $832 Provided Boat Access Along Florida’s COMMISSION
million. The Trustees selected these Gulf Coast—City of Port St. Joe, Frank
[Investigation No. 731–TA–1306
projects after public notice, public Pate Boat Ramp Improvements’’ and (Preliminary)]
meetings, and consideration of public ‘‘Florida Artificial Reef Creation and
comments, through the Phase I Early Restoration.’’ Large Residential Washers From
Restoration Plan/Environmental China; Determination
Assessment (Phase I ERP/EA), Phase II Administrative Record
Early Restoration Plan/Environmental On the basis of the record 1 developed
Review (Phase II ERP/ER), the The documents comprising the in the subject investigation, the United
Programmatic and Phase III Early Administrative Record can be viewed States International Trade Commission
Restoration Plan and Early Restoration electronically at the following location: (‘‘Commission’’) determines, pursuant
Programmatic Environmental Impact https://www.doi.gov/deepwaterhorizon/ to the Tariff Act of 1930 (‘‘the Act’’),
Statement (Phase III ERP/PEIS), and the adminrecord. that there is a reasonable indication that
Phase IV Early Restoration Plan/ Authority an industry in the United States is
Environment Assessments (Phase IV materially injured by reason of imports
ERP/EA). The authority of this action is the Oil of large residential washers from China,
The Trustees released the Phase I Pollution Act of 1990 (33 U.S.C. 2701 et provided for in subheading 8450.20.00
ERP/EA on April 20, 2012 (77 FR 23741) seq.) and the implementing Natural of the Harmonized Tariff Schedule of
and the Phase II ERP/ER on February 5, Resource Damage Assessment the United States, that are alleged to be
2013 (78 FR 8184). The Trustees regulations found at 15 CFR 990. sold in the United States at less than fair
released the Phase III ERP/PEIS on June value (‘‘LTFV’’).
26, 2014 (79 FR 36328), and Cynthia K. Dohner,
subsequently approved that Plan and Commencement of Final Phase
DOI Authorized Official.
programmatic EIS in a Record of Investigation
[FR Doc. 2016–02089 Filed 2–4–16; 8:45 am]
Decision on October 31, 2014 (79 FR Pursuant to section 207.18 of the
BILLING CODE 4310–55–P
64831). The Trustees released the Phase Commission’s rules, the Commission
IV ERP/EA on September 23, 2015 (80 also gives notice of the commencement
FR 57384). These plans are available at: DEPARTMENT OF THE INTERIOR of the final phase of its investigation.
https://www.doi.gov/deepwaterhorizon/ The Commission will issue a final phase
adminrecord. Bureau of Land Management notice of scheduling, which will be
Overview of the Phase V ERP/EA published in the Federal Register as
[LLNV912000 L13400000.PQ0000
provided in section 207.21 of the
The Trustees approved the first phase Commission’s rules, upon notice from
of the Florida Coastal Access Project in LXSS006F0000; MO#4500090018]
the Department of Commerce
the Phase V ERP/EA. The estimated cost (‘‘Commerce’’) of an affirmative
for the first phase of the Florida Coastal Notice of Public Meeting: Bureau of
Land Management Nevada Resource preliminary determination in the
Access Project is $34,372,184. The investigation under section 733(b) of the
estimated cost of the total Florida Advisory Councils; Postponement
Act, or, if the preliminary determination
Coastal Access Project is $45,415,573. is negative, upon notice of an
The Trustees anticipate proposing an AGENCY: Bureau of Land Management,
Interior. affirmative final determination in that
additional future phase of the Florida investigation under section 735(a) of the
Coastal Access Project, consisting of ACTION:Notice of public meeting; Act. Parties that filed entries of
similar restoration activities that would Postponement. appearance in the preliminary phase of
utilize the remaining $11,043,389, if the investigation need not enter a
approved. Details on the first phase of SUMMARY: In the notice published separate appearance for the final phase
the Florida Coastal Access Project are of the investigation. Industrial users,
Monday, February 1, 2016 (81 FR 5132),
provided in the Phase V ERP/EA. and, if the merchandise under
The first phase of the Florida Coastal a public meeting of the Bureau of Land
Management Nevada Resource Advisory investigation is sold at the retail level,
Access Project is intended to continue
Councils was announced. representative consumer organizations
the process of using early restoration
have the right to appear as parties in
funding to restore natural resources, The BLM Nevada Resource Advisory
Commission antidumping and
ecological services, and recreational use Council meeting scheduled for February countervailing duty investigations. The
services injured or lost as a result of the 10–11, 2016 has been postponed to Secretary will prepare a public service
Deepwater Horizon oil spill. The allow for additional public notice. A list containing the names and addresses
Trustees considered hundreds of new meeting date will be announced at of all persons, or their representatives,
projects leading to the identification of a later time. who are parties to the investigation.
the Florida Coastal Access Project and
considered both ecological and Neil Kornze, Background
recreational use restoration projects to BLM Director.
On December 16, 2015, Whirlpool
address injuries caused by the [FR Doc. 2016–02405 Filed 2–4–16; 8:45 am] Corp., Benton Harbor, Michigan, filed a
mstockstill on DSK4VPTVN1PROD with NOTICES
Deepwater Horizon oil spill, (both BILLING CODE 4310–84–P petition with the Commission and
injuries to the physical and biological Commerce, alleging that an industry in
environment, as well as to the the United States is materially injured
relationship people have with the or threatened with material injury by
environment).
In addition, the Phase V ERP/EA 1 The record is defined in sec. 207.2(f) of the
includes notices of change and Commission’s Rules of Practice and Procedure (19
supporting analysis for two Phase III CFR 207.2(f)).
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Document Created: 2016-02-05 00:17:40
Document Modified: 2016-02-05 00:17:40
| 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. | |
| Contact | Nanciann Regalado, at 404-679-4161. | |
| FR Citation | 81 FR 6291 |
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