81 FR 75840 - Deepwater Horizon Oil Spill; Louisiana Trustee Implementation Group Draft Restoration Plan #1: Restoration of Wetlands, Coastal, and Nearshore Habitats; Habitat Projects on Federally Managed Lands; and Birds

DEPARTMENT OF THE INTERIOR

Federal Register Volume 81, Issue 211 (November 1, 2016)

Page Range		75840-75841
FR Document		2016-26345

In accordance with the Oil Pollution Act of 1990 (OPA), the National Environmental Policy Act (NEPA), the Consent Decree, and the Final Programmatic Damage Assessment Restoration Plan and Final Programmatic Environmental Impact Statement (Final PDARP/PEIS), the Federal and State natural resource trustee agencies for the Louisiana Trustee Implementation Group (Trustees) have prepared a Draft Restoration Plan #1: Restoration of Wetlands, Coastal, and Nearshore Habitats; Habitat Projects on Federally Managed Lands; and Birds (Draft Restoration Plan 1) describing and proposing engineering and design activities for restoration projects intended to continue the process of restoring natural resources and services injured or lost as a result of the Deepwater Horizon oil spill, which occurred on or about April 20, 2010, in the Gulf of Mexico.

Federal Register, Volume 81 Issue 211 (Tuesday, November 1, 2016)

[Federal Register Volume 81, Number 211 (Tuesday, November 1, 2016)]
[Notices]
[Pages 75840-75841]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26345]


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DEPARTMENT OF THE INTERIOR

[FWS-R4-FHC-2016-N176; FVHC98220410150-XXX-FF04G01000]


Deepwater Horizon Oil Spill; Louisiana Trustee Implementation 
Group Draft Restoration Plan #1: Restoration of Wetlands, Coastal, and 
Nearshore Habitats; Habitat Projects on Federally Managed Lands; and 
Birds

AGENCY: Department of the Interior.

ACTION: Notice of availability; request for comments.

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SUMMARY: In accordance with the Oil Pollution Act of 1990 (OPA), the 
National Environmental Policy Act (NEPA), the Consent Decree, and the 
Final Programmatic Damage Assessment Restoration Plan and Final 
Programmatic Environmental Impact Statement (Final PDARP/PEIS), the 
Federal and State natural resource trustee agencies for the Louisiana 
Trustee Implementation Group (Trustees) have prepared a Draft 
Restoration Plan #1: Restoration of Wetlands, Coastal, and Nearshore 
Habitats; Habitat Projects on Federally Managed Lands; and Birds (Draft 
Restoration Plan 1) describing and proposing engineering and design 
activities for restoration projects intended to continue the process of 
restoring natural resources and services injured or lost as a result of 
the Deepwater Horizon oil spill, which occurred on or about April 20, 
2010, in the Gulf of Mexico.

DATES: Comments Due Date: We will consider public comments received on 
or before November 28, 2016.
    Public Meeting: If requested, the Trustees will schedule a public 
meeting to facilitate public review and comment process on the draft 
document.

ADDRESSES: Obtaining Documents: You may download the Louisiana Trustee 
Implementation Group Draft Restoration Plan 1: Restoration of Wetlands, 
Coastal, and Nearshore Habitats, Habitat Projects on Federally Managed 
Lands, and Birds draft restoration plan at any of the following sites:

 http://www.gulfspillrestoration. noaa.gov
 http://www.doi.gov/deepwaterhorizon
 http://www.la-dwh.com

    Alternatively, you may request a CD of the Draft Restoration Plan 1 
(see FOR FURTHER INFORMATION CONTACT). You may also view the document 
at any of the public facilities listed at http://www.gulfspillrestoration.noaa.gov.
    Submitting Comments: You may submit comments on the draft document 
by one of following methods:
     Via the Web: http://www.gulfspillrestoration.noaa.gov/restoration-areas/louisiana.
     Via U.S. Mail: U.S. Fish and Wildlife Service, P.O. Box 
49567, Atlanta, GA 30345.
     Louisiana Coastal Protection & Restoration Authority, 
ATTN: Liz Williams, P.O. Box 44027, Baton Rouge, LA 70804.

FOR FURTHER INFORMATION CONTACT: Liz Williams at [email protected].

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 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.
    The Deepwater Horizon State and Federal natural resource trustees 
(Trustees) conducted the natural resource damage assessment (NRDA) for 
the Deepwater Horizon oil spill under the Oil Pollution Act 1990 (OPA; 
33 U.S.C. 2701 et seq.). Pursuant to OPA, Federal and State agencies 
act as trustees on behalf of the public to assess natural resource 
injuries and losses and to determine the actions required to compensate 
the public for those injuries and losses. OPA further instructs the

[[Page 75841]]

designated 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. The Trustees are:
     U.S. Department of the Interior (DOI), as represented by 
the National Park Service, U.S. Fish and Wildlife Service, and Bureau 
of Land Management;
     National Oceanic and Atmospheric Administration (NOAA), on 
behalf of the U.S. Department of Commerce;
     U.S. Department of Agriculture (USDA);
     U.S. Environmental Protection Agency (USEPA);
     State of Louisiana Coastal Protection and Restoration 
Authority (CPRA), Oil Spill Coordinator's Office (LOSCO), Department of 
Environmental Quality (LDEQ), Department of Wildlife and Fisheries 
(LDFW), and Department of Natural Resources (LDNR);
     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.
    Upon completion of the NRDA, the Trustees reached and finalized a 
settlement of their natural resource damage claims with BP in a Consent 
Decree approved by the United States District Court for the Eastern 
District of Louisiana. Pursuant to that Consent Decree, restoration 
projects in Louisiana are now chosen and managed by the Louisiana 
Trustee Implementation Group (TIG). The Louisiana TIG is composed of 
the following Trustees:
     U.S. Department of the Interior (DOI), as represented by 
the National Park Service,
    U.S. Fish and Wildlife Service, and Bureau of Land Management;
     National Oceanic and Atmospheric Administration (NOAA), on 
behalf of the U.S. Department of Commerce;
     U.S. Department of Agriculture (USDA);
     U.S. Environmental Protection Agency (USEPA);
     Louisiana Coastal Protection and Restoration Authority 
(CPRA);
     Louisiana Department of Natural Resources (LDNR);
     Louisiana Department of Environmental Quality (LDEQ);
     Louisiana Oil Spill Coordinator's Office (LOSCO); and,
     Louisiana Department of Wildlife and Fisheries (LDWF)

Overview of the Louisiana TIG Draft Restoration Plan 1: Restoration of 
Wetlands, Coastal, and Nearshore Habitats, Habitat Projects on 
Federally Managed Lands, and Birds (Draft Restoration Plan 1)

    The Draft Restoration Plan 1 is being released in accordance with 
the Oil Pollution Act (OPA), the Natural Resources Damage Assessment 
(NRDA) regulations found in the Code of Federal Regulations (CFR) at 15 
CFR 990, the National Environmental Policy Act (42 U.S.C. 4321 et 
seq.), the Consent Decree, and the Final PDARP/PEIS.
    The total estimated cost for the proposed engineering and design 
activities for the six proposed restoration projects is $22,300,000. 
Details on the proposed engineering and design activities for the 
restoration projects are provided in the draft restoration plan.

Next Steps

    As described above, the Trustees will consider holding public 
meetings to facilitate the public review and comment process, if 
requested. After the public comment period ends, the Trustees will 
consider and address the comments received before issuing a final 
restoration plan.
    Consistent with the PDARP/PEIS, in this Draft Restoration Plan 1 
the Louisiana TIG is proposing a preliminary phase of restoration 
planning to perform engineering and design evaluation for restoration 
projects to develop information needed to fully consider the 
implementation phase which will be proposed in a subsequent restoration 
plan. Although information gathered may inform future projects, the 
outcome of the preliminary phases does not commit the Trustees to 
future actions.

Invitation to Comment

    The Trustees seek public review and comment on the proposed 
projects and supporting analysis included in the Draft Restoration Plan 
1. Before including your address, phone number, email address, or other 
personal identifying information in your comment, you should be aware 
that your entire comment, including your personal identifying 
information, may be made publicly available at any time.

Administrative Record

    The documents comprising the Administrative Record for this Draft 
Restoration Plan can be viewed electronically at http://www.doi.gov/deepwaterhorizon.

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 part 990.

Kevin D. Reynolds,
Department of the Interior Deepwater Horizon Case Manager.
[FR Doc. 2016-26345 Filed 10-31-16; 8:45 am]
 BILLING CODE 4333-15-P

75840 Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Notices

your competitors are and the nature of the disclosure of the documents may be Plan 1: Restoration of Wetlands, Coastal,
the competition. You must also explain subject to disclosure under the FOIA if and Nearshore Habitats, Habitat Projects
with specificity how disclosure of each the Department receives a FOIA request on Federally Managed Lands, and Birds
category of information that you object for them. In the event your comments draft restoration plan at any of the
to disclosing on this basis would contain commercial or financial following sites:
provide your competitors with valuable information and a requester asks for the • http://www.gulfspillrestoration.
insights into your operation, give comments under the FOIA, the noaa.gov
competitors pricing advantages over Department will notify you and give you • http://www.doi.gov/deepwaterhorizon
you, or unfairly give advantage to an opportunity to comment on the • http://www.la-dwh.com
competitors in future business disclosure of such information. Alternatively, you may request a CD
negotiations, or any other information Dated: October 27, 2016. of the Draft Restoration Plan 1 (see FOR
that sufficiently explains the substantial FURTHER INFORMATION CONTACT). You
Stephen Guestin,
competitive injury that would likely may also view the document at any of
result from disclosure. National Parks II, Acting Director, U.S. Fish and Wildlife
Service. the public facilities listed at http://
547 F.2d at 684; Center for Public www.gulfspillrestoration.noaa.gov.
[FR Doc. 2016–26412 Filed 10–31–16; 8:45 am]
Integrity v. Dep’t of Energy, 191 F. Supp. Submitting Comments: You may
2d 187, 194 (D.D.C. 2002); Judicial BILLING CODE 4333–15–P
submit comments on the draft document
Watch, Inc. v. Export-Import Bank, 108 by one of following methods:
F. Supp. 2d 19, 29 (D.D.C. 2000). • Via the Web: http://
Additionally, as noted above, you must DEPARTMENT OF THE INTERIOR
www.gulfspillrestoration.noaa.gov/
also certify that any information you [FWS–R4–FHC–2016–N176; restoration-areas/louisiana.
object to disclosing is confidential, you FVHC98220410150–XXX–FF04G01000] • Via U.S. Mail: U.S. Fish and
have not disclosed the information to Wildlife Service, P.O. Box 49567,
the public, and the information is not Deepwater Horizon Oil Spill; Louisiana
Atlanta, GA 30345.
routinely available to the public from Trustee Implementation Group Draft
• Louisiana Coastal Protection &
other sources. See 43 CFR 2.30–2.31. Restoration Plan #1: Restoration of
Restoration Authority, ATTN: Liz
As a final matter, please be aware that Wetlands, Coastal, and Nearshore
Williams, P.O. Box 44027, Baton Rouge,
the FOIA requires that ‘‘any reasonably Habitats; Habitat Projects on Federally
LA 70804.
segregable portion of a record’’ must be Managed Lands; and Birds
FOR FURTHER INFORMATION CONTACT: Liz
released after appropriate application of
AGENCY: Department of the Interior. Williams at LATIG@la.gov.
the FOIA’s nine exemptions. See 5
U.S.C. 552(b) (discussion after ACTION:Notice of availability; request SUPPLEMENTARY INFORMATION:
exemptions). In addition, please note for comments.
Introduction
that, where a record contains both SUMMARY: In accordance with the Oil
exempt and nonexempt material, the On or about April 20, 2010, the
Pollution Act of 1990 (OPA), the mobile offshore drilling unit Deepwater
bureau will generally separate and National Environmental Policy Act
release the nonexempt information Horizon, which was being used to drill
(NEPA), the Consent Decree, and the a well for BP Exploration and
when responding to a FOIA request. 43 Final Programmatic Damage Assessment
CFR 2.25. You should be mindful of this Production, Inc. (BP), in the Macondo
Restoration Plan and Final prospect (Mississippi Canyon 252–
segregability requirement in formulating Programmatic Environmental Impact
any objections you may have to the MC252), experienced a significant
Statement (Final PDARP/PEIS), the explosion, fire, and subsequent sinking
disclosure of the information sought by Federal and State natural resource
HSI. in the Gulf of Mexico, resulting in an
trustee agencies for the Louisiana unprecedented volume of oil and other
III. Submission of Objections Trustee Implementation Group discharges from the rig and from the
Should you wish to object to (Trustees) have prepared a Draft wellhead on the seabed. The Deepwater
disclosure of any of the requested Restoration Plan #1: Restoration of Horizon oil spill is the largest oil spill
records (or portions thereof), the Wetlands, Coastal, and Nearshore in U.S. history, discharging millions of
Department must receive from you all of Habitats; Habitat Projects on Federally barrels of oil over a period of 87 days.
the information requested above by no Managed Lands; and Birds (Draft In addition, well over 1 million gallons
later than the date specified above in Restoration Plan 1) describing and of dispersants were applied to the
DATES.
proposing engineering and design waters of the spill area in an attempt to
If you do not submit any objections to activities for restoration projects disperse the spilled oil. An
the disclosure of the information (or intended to continue the process of undetermined amount of natural gas
portions thereof) to HSI on or before the restoring natural resources and services was also released into the environment
date specified above in DATES, the injured or lost as a result of the as a result of the spill.
Department will presume that you do Deepwater Horizon oil spill, which The Deepwater Horizon State and
not object to such disclosure and may occurred on or about April 20, 2010, in Federal natural resource trustees
release the information without the Gulf of Mexico. (Trustees) conducted the natural
redaction. Please note that the DATES: Comments Due Date: We will resource damage assessment (NRDA) for
Department, not you, is responsible for consider public comments received on the Deepwater Horizon oil spill under
asabaliauskas on DSK3SPTVN1PROD with NOTICES

deciding whether the information or before November 28, 2016. the Oil Pollution Act 1990 (OPA; 33
should be released or withheld. If we Public Meeting: If requested, the U.S.C. 2701 et seq.). Pursuant to OPA,
decide to release records over your Trustees will schedule a public meeting Federal and State agencies act as
objections, we will inform you at least to facilitate public review and comment trustees on behalf of the public to assess
10 business days in advance of the process on the draft document. natural resource injuries and losses and
intended release. ADDRESSES: Obtaining Documents: You to determine the actions required to
Please note that any comments you may download the Louisiana Trustee compensate the public for those injuries
submit to the Department objecting to Implementation Group Draft Restoration and losses. OPA further instructs the

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Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Notices 75841

designated trustees to develop and • Louisiana Department of Natural Administrative Record
implement a plan for the restoration, Resources (LDNR); The documents comprising the
rehabilitation, replacement, or • Louisiana Department of
Administrative Record for this Draft
acquisition of the equivalent of the Environmental Quality (LDEQ);
Restoration Plan can be viewed
injured natural resources under their • Louisiana Oil Spill Coordinator’s
electronically at http://www.doi.gov/
trusteeship, including the loss of use Office (LOSCO); and,
• Louisiana Department of Wildlife deepwaterhorizon.
and services from those resources from
the time of injury until the time of and Fisheries (LDWF) Authority
restoration to baseline (the resource Overview of the Louisiana TIG Draft The authority of this action is the Oil
quality and conditions that would exist Restoration Plan 1: Restoration of Pollution Act of 1990 (33 U.S.C. 2701 et
if the spill had not occurred) is Wetlands, Coastal, and Nearshore seq.) and the implementing Natural
complete. The Trustees are: Habitats, Habitat Projects on Federally Resource Damage Assessment
• U.S. Department of the Interior Managed Lands, and Birds (Draft regulations found at 15 CFR part 990.
(DOI), as represented by the National Restoration Plan 1)
Park Service, U.S. Fish and Wildlife Kevin D. Reynolds,
Service, and Bureau of Land The Draft Restoration Plan 1 is being Department of the Interior Deepwater Horizon
Management; released in accordance with the Oil Case Manager.
• National Oceanic and Atmospheric Pollution Act (OPA), the Natural [FR Doc. 2016–26345 Filed 10–31–16; 8:45 am]
Administration (NOAA), on behalf of Resources Damage Assessment (NRDA) BILLING CODE 4333–15–P
the U.S. Department of Commerce; regulations found in the Code of Federal
• U.S. Department of Agriculture Regulations (CFR) at 15 CFR 990, the
(USDA); National Environmental Policy Act (42 DEPARTMENT OF THE INTERIOR
• U.S. Environmental Protection U.S.C. 4321 et seq.), the Consent Decree,
Agency (USEPA); and the Final PDARP/PEIS. National Park Service
• State of Louisiana Coastal The total estimated cost for the
[NPS–NERO–CACO–22210; PPNECACOS0,
Protection and Restoration Authority proposed engineering and design PPMPSD1Z.YM0000]
(CPRA), Oil Spill Coordinator’s Office activities for the six proposed
(LOSCO), Department of Environmental restoration projects is $22,300,000. Notice of December 12, 2016, Meeting
Quality (LDEQ), Department of Wildlife Details on the proposed engineering and for Cape Cod National Seashore
and Fisheries (LDFW), and Department design activities for the restoration Advisory Commission
of Natural Resources (LDNR); projects are provided in the draft
• State of Mississippi Department of restoration plan. AGENCY: National Park Service, Interior.
Environmental Quality; ACTION: Meeting notice.
Next Steps
• State of Alabama Department of
Conservation and Natural Resources and As described above, the Trustees will SUMMARY: This notice sets forth the date
Geological Survey of Alabama; consider holding public meetings to of the 305th meeting of the Cape Cod
• State of Florida Department of facilitate the public review and National Seashore Advisory
Environmental Protection and Fish and comment process, if requested. After the Commission.
Wildlife Conservation Commission; and public comment period ends, the DATES: The public meeting of the Cape
• For the State of Texas: Texas Parks Trustees will consider and address the Cod National Seashore Advisory
and Wildlife Department, Texas General comments received before issuing a Commission will be held on Monday,
Land Office, and Texas Commission on final restoration plan. December 12, 2016, at 1:00 p.m.
Environmental Quality. Consistent with the PDARP/PEIS, in (Eastern).
Upon completion of the NRDA, the this Draft Restoration Plan 1 the
Louisiana TIG is proposing a ADDRESSES: The Commission members
Trustees reached and finalized a
preliminary phase of restoration will meet in the meeting room at park
settlement of their natural resource
planning to perform engineering and headquarters, 99 Marconi Site Road,
damage claims with BP in a Consent
design evaluation for restoration Wellfleet, Massachusetts 02667.
Decree approved by the United States
projects to develop information needed The 305th meeting of the Cape Cod
District Court for the Eastern District of
to fully consider the implementation National Seashore Advisory
Louisiana. Pursuant to that Consent
phase which will be proposed in a Commission will take place on Monday,
Decree, restoration projects in Louisiana
subsequent restoration plan. Although December 12, 2016, at 1:00 p.m., in the
are now chosen and managed by the
information gathered may inform future conference room at park headquarters,
Louisiana Trustee Implementation
projects, the outcome of the preliminary 99 Marconi Station Road, in Wellfleet,
Group (TIG). The Louisiana TIG is
phases does not commit the Trustees to Massachusetts, to discuss the following:
composed of the following Trustees:
• U.S. Department of the Interior future actions. 1. Adoption of Agenda
(DOI), as represented by the National 2. Approval of Minutes of Previous
Invitation to Comment Meeting
Park Service,
U.S. Fish and Wildlife Service, and The Trustees seek public review and (September 19, 2016)
Bureau of Land Management; comment on the proposed projects and 3. Reports of Officers
• National Oceanic and Atmospheric supporting analysis included in the 4. Reports of Subcommittees
asabaliauskas on DSK3SPTVN1PROD with NOTICES

Administration (NOAA), on behalf of Draft Restoration Plan 1. Before Update of Pilgrim Nuclear Plant
the U.S. Department of Commerce; including your address, phone number, Emergency Planning Subcommittee
• U.S. Department of Agriculture email address, or other personal Nickerson Fellowship
(USDA); identifying information in your 5. Superintendent’s Report
• U.S. Environmental Protection comment, you should be aware that National Park Service Centennial
Agency (USEPA); your entire comment, including your Storm Damage/Erosion Update
• Louisiana Coastal Protection and personal identifying information, may Shorebird Management Plan/
Restoration Authority (CPRA); be made publicly available at any time. Environmental Assessment—

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Document Created: 2016-11-01 02:36:52
Document Modified: 2016-11-01 02:36:52

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of availability; request for comments.
Contact		Liz Williams at [email protected]
FR Citation		81 FR 75840