81 FR 8483 - Notice of Availability of the Deepwater Horizon Oil Spill Final Programmatic Damage Assessment and Restoration Plan and Final Programmatic Environmental Impact Statement (Final PDARP/PEIS)
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 33 (February 19, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 33 (February 19, 2016)
| Page Range | 8483-8485 | |
| FR Document | 2016-03299 |
[Federal Register Volume 81, Number 33 (Friday, February 19, 2016)] [Notices] [Pages 8483-8485] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-03299] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE201 Notice of Availability of the Deepwater Horizon Oil Spill Final Programmatic Damage Assessment and Restoration Plan and Final Programmatic Environmental Impact Statement (Final PDARP/PEIS) AGENCY: National Oceanic and Atmospheric Administration, Commerce. ACTION: Notice of availability of a Final Programmatic Damage Assessment and Restoration Plan and Final Programmatic Environmental Impact Statement. ----------------------------------------------------------------------- SUMMARY: In accordance with the Oil Pollution Act of 1990 (OPA) and the National Environmental Policy Act (NEPA), the Deepwater Horizon Federal and State natural resource trustee agencies (Trustees) have prepared a Final Programmatic Damage Assessment and Restoration Plan and Final Programmatic Environmental Impact Statement (Final PDARP/PEIS). As required by OPA, in this Final PDARP/PEIS, the Trustees present the assessment of impacts of the Deepwater Horizon oil spill on natural resources in the Gulf of Mexico and on the services those resources provide, and determine the restoration needed to compensate the public for these impacts. The Final PDARP/PEIS describes the Trustees' programmatic alternatives considered to restore natural resources, ecological services, and recreational use services injured or lost as a result of the Deepwater Horizon oil spill. The Trustees evaluate these alternatives under criteria set forth in the OPA natural resource damage assessment regulations, and also evaluate the environmental consequences of the restoration alternatives in accordance with NEPA. The purpose of this notice is to inform the public of the availability of the Final PDARP/PEIS. [[Page 8484]] ADDRESSES: Obtaining Documents: You may download the Final PDARP/PEIS at http://www.gulfspillrestoration.noaa.gov. Alternatively, you may request a CD of the Final PDARP/PEIS (see FOR FURTHER INFORMATION CONTACT). You may also view the document at any of the public facilities listed at http://www.gulfspillrestoration.noaa.gov. The Final PDARP/PEIS also will be available for download at http://www.justice.gov/enrd/deepwater-horizon. FOR FURTHER INFORMATION CONTACT: Courtney Groeneveld at [email protected]. SUPPLEMENTARY INFORMATION: Introduction On April 20, 2010, the Deepwater Horizon mobile drilling unit exploded, caught fire, and eventually sank in the Gulf of Mexico, resulting in a massive release of oil and other substances from BP's Macondo well. Tragically, 11 workers were killed and 17 injured by the explosion and fire. Initial efforts to cap the well following the explosion were unsuccessful, and for 87 days after the explosion, the well continuously and uncontrollably discharged oil and natural gas into the northern Gulf of Mexico. Approximately 3.19 million barrels (134 million gallons) of oil were released into the ocean, by far the largest offshore oil spill in the history of the United States. Oil spread from the deep ocean to the surface and nearshore environment, from Texas to Florida. The oil came into contact with and injured natural resources as diverse as deep-sea coral, fish and shellfish, productive wetland habitats, sandy beaches, birds, endangered sea turtles, and protected marine life. The oil spill prevented people from fishing, going to the beach, and enjoying their typical recreational activities along the Gulf. Extensive response actions, including use of dispersants, cleanup activities, and actions to try to prevent the oil from reaching sensitive resources, were undertaken to try to reduce harm to people and the environment. However, many of these response actions had collateral impacts on the environment. The oil and other substances released from the well in combination with the extensive response actions together make up the Deepwater Horizon incident. The Trustees conducted the natural resource damage assessment for the Deepwater Horizon incident 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 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 of those resources and the loss of services they provide from the time of injury until the time restoration to baseline (the resource quality and conditions that would exist if the spill had not occurred) is complete. The Trustees \1\ are as follows: --------------------------------------------------------------------------- \1\ Although a trustee under OPA by virtue of the proximity of its facilities to the Deepwater Horizon oil spill, the U.S. Department of Defense (DOD) is not a member of the Trustee Council and did not participate in development of this Final PDARP/PEIS. ---------------------------------------------------------------------------National Oceanic and Atmospheric Administration, on behalf of the U.S. Department of Commerce; U.S. Department of the Interior, as represented by the National Park Service, U.S. Fish and Wildlife Service, and Bureau of Land Management; 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 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 Trustees provided the public with 60 days to review and comment on the Draft PDARP/PEIS. The Trustees also 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. The Trustees considered the public comments received, which informed the Trustees' analysis of programmatic alternatives in the Final PDARP/PEIS. The Trustees actively solicited public input through a variety of mechanisms, including convening public meetings, distributing electronic communications, and using the Trustee-wide public Web site and database to share information and receive public input. A summary of the public comments received and the Trustees' responses to those comments are addressed in Chapter 8 of the Final PDARP/PEIS. Overview of the Final PDARP/PEIS The Final PDARP/PEIS is being released in accordance with the OPA, the Natural Resources Damage Assessment (NRDA) regulations found in the Code of Federal Regulations (CFR) at 15 CFR part 990, and the National Environmental Policy Act (NEPA) (42 U.S.C. 4321 et seq.). In the Final PDARP/PEIS, the Deepwater Horizon Trustees present to the public 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 for restoring those resources and the services they provide. The injuries caused by the Deepwater Horizon incident cannot be fully described at the level of a single species, a single habitat type, or a single region. Rather, the injuries affected such a wide array of linked resources over such an enormous area that the effects of the Deepwater Horizon incident constitute an ecosystem-level injury. The Final PDARP/ PEIS presents four programmatic alternatives evaluated in accordance with OPA and NEPA. The four alternatives under the Final PDARP/PEIS are as follows: 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. These programmatic alternatives are comprised of restoration types and [[Page 8485]] approaches to restore, replace, rehabilitate, or acquire the equivalent of the injured natural resources and services. The Trustees' preferred alternative for a restoration plan utilizes a comprehensive integrated ecosystem approach to best address these ecosystem-level injuries. The Trustees' evaluation determined this alternative is best, among several other alternatives, at compensating the public for the losses to natural resources and services caused by the Deepwater Horizon incident. The Trustees' proposed decision is to select a comprehensive restoration plan to guide and direct subsequent restoration planning and implementation during the coming decades. The Final PDARP/PEIS is programmatic; it describes the framework by which subsequent project specific restoration plans will be identified and developed, and sets forth the types of projects the Trustees will consider in each of the described restoration areas. The subsequent restoration plans will identify, evaluate, and select specific restoration projects for implementation that are consistent with the restoration framework laid out by the Final PDARP/PEIS. 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 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). Next Steps In accordance with NEPA, a Federal agency must prepare a concise public Record of Decision (ROD) at the time the agency makes a decision in cases involving an EIS (40 CFR 1505.2). The Trustees will issue a ROD pursuant to NEPA regulations at 40 CFR 1505.2 and OPA regulations at 15 CFR 990.23. Accordingly, the ROD for the Final PDARP/PEIS will provide and explain the Trustees' decisions regarding the selection of a preferred alternative. The Trustees will issue the ROD no earlier than 30 days after the Environmental Protection Agency publishes a notice in the Federal Register announcing the availability of the Final PDARP/PEIS (40 CFR 1506.10). Administrative Record The documents included in the Administrative Record can be viewed electronically at the following location: http://www.doi.gov/deepwaterhorizon/adminrecord. The Trustees opened a publicly available Administrative Record for the NRDA for the Deepwater Horizon oil spill, including restoration planning activities, concurrently with publication of the 2011 Notice of Intent (NOI) to Begin Restoration Scoping and Prepare a Gulf Spill Restoration Planning PEIS (pursuant to 15 CFR 990.45). The Administrative Record includes the February 17, 2011, NOI for a 90-day formal scoping (76 FR 9327) and public comment period for this Final PDARP/PEIS. The Trustees conducted the scoping in accordance with OPA (15 CFR 990.14(d)), NEPA (40 CFR 1501.7), and State authorities. As part of the scoping process, the Trustees hosted public meetings across all the Gulf States during spring 2011. Authority The authority of this action is the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.) and the implementing NRDA regulations found at 15 CFR part 990. Dated: February 11, 2016. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2016-03299 Filed 2-18-16; 8:45 am] BILLING CODE 3510-22-P
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3. The Committee will receive an Wahoo and Snapper Grouper directed to the council office (see
overview of the Implementation Plan for Committees, consider recommendations ADDRESSES) 3 days prior to the meeting.
Commercial Logbook Electronic and take action as appropriate. Note: The times and sequence specified in
Reporting, the status of eTrips, discuss 9:30–9:40 a.m.: The Council will this agenda are subject to change.
and provide direction to staff. receive a report from the Protected
4. The Committee will also receive an Resources Committee, approve/ Authority: 16 U.S.C. 1801 et seq.
overview of the Atlantic For-Hire disapprove the ESA/MSA Integration Dated: February 16, 2016.
Reporting Amendment, a demonstration Agreement, consider other Tracey L. Thompson,
of the South Carolina Department of recommendations and take action as Acting Deputy Director, Office of Sustainable
Natural Resources’ Electronic For-Hire appropriate. Fisheries, National Marine Fisheries Service.
Logbook reporting process, review 9:40–9:50 a.m.: The Council will [FR Doc. 2016–03470 Filed 2–18–16; 8:45 am]
public hearing input, discuss and receive a report from the SEDAR BILLING CODE 3510–22–P
modify the document as appropriate Committee, consider Committee
and approve all actions. recommendations and take action as
5. The Committee will receive an appropriate. DEPARTMENT OF COMMERCE
update on the Council’s Citizen Science 9:50–10 a.m.: The Council will
Workshop, an overview of the draft receive a report from the Data Collection National Oceanic and Atmospheric
Citizen Science Blueprint, discuss and Committee, consider Committee Administration
take action as appropriate. recommendations and take action as RIN 0648–XE201
Executive Finance Committee, appropriate.
Thursday, March 10, 2016, 2:30 p.m. 10–10:10 a.m.: The Council will Notice of Availability of the Deepwater
until 3:30 p.m. receive a report from the AP Selection Horizon Oil Spill Final Programmatic
1. The Committee will receive an Committee, consider committee Damage Assessment and Restoration
update on the Calendar Year (CY) 2015 Plan and Final Programmatic
recommendations and take action as
budget expenditures, the Draft Activity Environmental Impact Statement (Final
appropriate.
Schedule, the Status of the CY 2016 PDARP/PEIS)
10:10–10:30 a.m.: The Council will
budget, and the Council Follow-up and
receive a report from the Executive AGENCY: National Oceanic and
priorities, and take action as
Finance Committee, approve the Atmospheric Administration,
appropriate.
2. The Committee will discuss Council activity schedule, approve the Commerce.
standards and procedures for Council Follow-Up and Priorities,
ACTION: Notice of availability of a Final
participating in Council webinar consider other Committee
Programmatic Damage Assessment and
meetings, receive a report from the recommendations and take action as
Restoration Plan and Final
Council Coordinating Committee appropriate.
Programmatic Environmental Impact
meeting, address other issues, and take 10:30–12 noon: The Council will
Statement.
action as appropriate. receive a presentation on proposed
Council Session: Thursday, March 10, scoping measures for the Monitor SUMMARY: In accordance with the Oil
2016, 3:45 p.m. until 5 p.m. and Friday, National Marine Sanctuary, status Pollution Act of 1990 (OPA) and the
March 11, 2016, 8:30 a.m. until 12 p.m. reports from NOAA Fisheries Southeast National Environmental Policy Act
Council Session: March 10, 2016 Regional Office and the Southeast (NEPA), the Deepwater Horizon Federal
3:45–4 p.m.: Call the meeting to order, Fisheries Science Center; review and and State natural resource trustee
adopt the agenda, and approve the develop recommendations on agencies (Trustees) have prepared a
December 2015 meeting minutes. Experimental Fishing Permits as Final Programmatic Damage Assessment
4–5 p.m.: The Council will receive a necessary; receive agency and liaison and Restoration Plan and Final
report from the Snapper Grouper reports; and discuss other business and Programmatic Environmental Impact
Committee, approve/disapprove upcoming meetings. Statement (Final PDARP/PEIS). As
Snapper Grouper Amendment 36 Documents regarding these issues are required by OPA, in this Final PDARP/
(Spawning Special Management Zones) available from the Council office (see PEIS, the Trustees present the
for formal Secretarial Review; approve/ ADDRESSES). assessment of impacts of the Deepwater
disapprove the Oculina Review Report, Although non-emergency issues not Horizon oil spill on natural resources in
and approve/disapprove the System contained in this agenda may come the Gulf of Mexico and on the services
Management Plan for Marine Protected before this group for discussion, those those resources provide, and determine
Areas. The Council will consider other issues may not be the subject of formal the restoration needed to compensate
Committee recommendations and take action during these meetings. Action the public for these impacts. The Final
action as appropriate. will be restricted to those issues PDARP/PEIS describes the Trustees’
Council Session: March 11, 2016 specifically identified in this notice and programmatic alternatives considered to
8:30–9 a.m.: The Council will receive any issues arising after publication of restore natural resources, ecological
a report from the Mackerel Committee, this notice that require emergency services, and recreational use services
approve/disapprove Amendment 26 to action under section 305(c) of the injured or lost as a result of the
the Coastal Migratory Pelagics FMP for Magnuson-Stevens Fishery Deepwater Horizon oil spill. The
Conservation and Management Act, Trustees evaluate these alternatives
asabaliauskas on DSK5VPTVN1PROD with NOTICES
formal Secretarial review, consider
other Committee recommendations, and provided the public has been notified of under criteria set forth in the OPA
take action as appropriate. the Council’s intent to take final action natural resource damage assessment
9–9:10 a.m.: The Council will receive to address the emergency. regulations, and also evaluate the
a report from the Law Enforcement environmental consequences of the
Special Accommodations restoration alternatives in accordance
Committee, consider recommendations
and take actions as appropriate. These meetings are physically with NEPA. The purpose of this notice
9:10–9:30 a.m.: The Council will accessible to people with disabilities. is to inform the public of the availability
receive a report from the Joint Dolphin Requests for auxiliary aids should be of the Final PDARP/PEIS.
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approaches to restore, replace, the Trustees’ decisions regarding the public and other Federal agencies to
rehabilitate, or acquire the equivalent of selection of a preferred alternative. The take this opportunity to comment on
the injured natural resources and Trustees will issue the ROD no earlier proposed and/or continuing information
services. The Trustees’ preferred than 30 days after the Environmental collections, as required by the
alternative for a restoration plan utilizes Protection Agency publishes a notice in Paperwork Reduction Act of 1995.
a comprehensive integrated ecosystem the Federal Register announcing the DATES: Written comments must be
approach to best address these availability of the Final PDARP/PEIS (40 submitted on or before April 19, 2016.
ecosystem-level injuries. The Trustees’ CFR 1506.10). ADDRESSES: Direct all written comments
evaluation determined this alternative is to Jennifer Jessup, Departmental
best, among several other alternatives, at Administrative Record
Paperwork Clearance Officer,
compensating the public for the losses The documents included in the Department of Commerce, Room 6616,
to natural resources and services caused Administrative Record can be viewed 14th and Constitution Avenue NW.,
by the Deepwater Horizon incident. electronically at the following location: Washington, DC 20230 (or via the
The Trustees’ proposed decision is to http://www.doi.gov/deepwaterhorizon/ Internet at JJessup@doc.gov).
select a comprehensive restoration plan adminrecord.
to guide and direct subsequent FOR FURTHER INFORMATION CONTACT:
The Trustees opened a publicly
restoration planning and available Administrative Record for the Requests for additional information or
implementation during the coming NRDA for the Deepwater Horizon oil copies of the information collection
decades. The Final PDARP/PEIS is spill, including restoration planning instrument and instructions should be
programmatic; it describes the activities, concurrently with publication directed to Dr. Danielle Schwarzmann,
framework by which subsequent project of the 2011 Notice of Intent (NOI) to 301–713–7254 danielle.schwarzmann@
specific restoration plans will be Begin Restoration Scoping and Prepare noaa.gov.
identified and developed, and sets forth a Gulf Spill Restoration Planning PEIS SUPPLEMENTARY INFORMATION:
the types of projects the Trustees will (pursuant to 15 CFR 990.45). The
consider in each of the described I. Abstract
Administrative Record includes the
restoration areas. The subsequent February 17, 2011, NOI for a 90-day This request is for a new information
restoration plans will identify, evaluate, formal scoping (76 FR 9327) and public collection.
and select specific restoration projects comment period for this Final PDARP/ Through a partnership with The
for implementation that are consistent PEIS. The Trustees conducted the Rosenstiel School of Marine and
with the restoration framework laid out scoping in accordance with OPA (15 Atmospheric Science at the University
by the Final PDARP/PEIS. CFR 990.14(d)), NEPA (40 CFR 1501.7), of Miami, we will collect information
The Trustees considered this and State authorities. As part of the from recreational fishers to complete
programmatic restoration planning scoping process, the Trustees hosted quantitative economic valuations of
decision in light of the proposed public meetings across all the Gulf ecosystem goods and services produced
settlement among BP, the United States, States during spring 2011. for recreational fisheries in Florida’s
and the States of Louisiana, Mississippi, Gulf Coast. The survey will utilize the
Alabama, Florida, and Texas to resolve Authority stated choice method to estimate the
BP’s liability for natural resource The authority of this action is the Oil marginal value of a change in catch rates
damages associated with the Deepwater Pollution Act of 1990 (33 U.S.C. 2701 et and other biological or economic
Horizon incident. Under this proposed seq.) and the implementing NRDA attributes of the recreational fishery.
settlement, BP would pay a total of $8.1 regulations found at 15 CFR part 990. These may include; size, type of fish
billion for restoration to address natural and/or method of fishing.
resource injuries (this includes $1 Dated: February 11, 2016.
This information will be utilized by
billion already committed for early Samuel D. Rauch III, Florida Fish and Wildlife Conservation
restoration), plus up to an additional Deputy Assistant Administrator for Commission (FFWCC) and the National
$700 million to respond to natural Regulatory Programs, National Marine Marine Fisheries Service, Southeast
resource damages unknown at the time Fisheries Service.
Fisheries Science Center (SEFSC)
of the settlement and/or to provide for [FR Doc. 2016–03299 Filed 2–18–16; 8:45 am]
fisheries scientists and managers to
adaptive management. The proposed BILLING CODE 3510–22–P enhance the scope of information used
Consent Decree for the proposed for stock assessment. Additionally, this
settlement was the subject of a separate economic data will be integrated into
public notice and comment process; the DEPARTMENT OF COMMERCE the recreational fisheries management
Notice of Lodging of the proposed decision-making processes. The
National Oceanic and Atmospheric
Consent Decree under the Clean Water information will directly benefit Office
Administration
Act and Oil Pollution Act was of National Marine Sanctuaries (ONMS),
published in the Federal Register on Proposed Information Collection; as it will help us to identify
October 5, 2015 (80 FR 60180). Comment Request: Socioeconomics of socioeconomic indicators for
Next Steps Recreational Fishing in Florida’s Gulf recreational fishing that we can
Coast incorporate into management process/
In accordance with NEPA, a Federal decisions and future condition reports
agency must prepare a concise public
asabaliauskas on DSK5VPTVN1PROD with NOTICES
AGENCY: National Oceanic and to evaluate the status and trends of the
Record of Decision (ROD) at the time the Atmospheric Administration (NOAA), recreational fishing ecosystem service.
agency makes a decision in cases Commerce.
involving an EIS (40 CFR 1505.2). The ACTION: Notice.
II. Method of Collection
Trustees will issue a ROD pursuant to Internet and mail.
NEPA regulations at 40 CFR 1505.2 and SUMMARY: The Department of
OPA regulations at 15 CFR 990.23. Commerce, as part of its continuing III. Data
Accordingly, the ROD for the Final effort to reduce paperwork and OMB Control Number: 0648–XXXX.
PDARP/PEIS will provide and explain respondent burden, invites the general Form Number: None.
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Document Created: 2018-02-02 14:31:46
Document Modified: 2018-02-02 14:31:46
| 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 Programmatic Damage Assessment and Restoration Plan and Final Programmatic Environmental Impact Statement. | |
| Contact | Courtney Groeneveld at [email protected] | |
| FR Citation | 81 FR 8483 | |
| RIN Number | 0648-XE20 |
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