81 FR 86337 - Deepwater Horizon Oil Spill; Draft Louisiana Trustee Implementation Group 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 230 (November 30, 2016)

Page Range		86337-86338
FR Document		2016-28675

We are reopening the public comment period on 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 #1). We opened the public comment period via a November 1, 2016, notice of availability. The public comment period closed on November 28, 2016.

Federal Register, Volume 81 Issue 230 (Wednesday, November 30, 2016)

[Federal Register Volume 81, Number 230 (Wednesday, November 30, 2016)]
[Notices]
[Pages 86337-86338]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-28675]


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DEPARTMENT OF THE INTERIOR

[FWS-R4-FHC-2016-N208; FVHC98210408710-XXX-FF04G01000]


Deepwater Horizon Oil Spill; Draft Louisiana Trustee 
Implementation Group 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; reopening of public comment period.

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SUMMARY: We are reopening the public comment period on 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 #1). We 
opened the public comment period via a November 1, 2016, notice of 
availability. The public comment period closed on November 28, 2016.

DATES: Comments Due Date: We will consider public comments received 
November 1, 2016 through December 9, 2016.

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 at any of the following sites:

 http://www.gulfspillrestoration.noaa.gov
 http://www.doi.gov/deepwaterhorizon
 http://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 LATIG.la.gov.

SUPPLEMENTARY INFORMATION:

[[Page 86338]]

Introduction

    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, 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). Draft Restoration Plan 1 describes and proposes 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.

Background

    For additional background information, see our original Federal 
Register notice, which opened the comment period (November 1, 2016; 81 
FR 75840).

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.

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.

Kevin D. Reynolds,
Department of the Interior Deepwater Horizon Case Manager.
[FR Doc. 2016-28675 Filed 11-29-16; 8:45 am]
 BILLING CODE 4310-55-P

Federal Register / Vol. 81, No. 230 / Wednesday, November 30, 2016 / Notices 86337

program’’, Encyclopedia Britannica (2013), that the country of origin of the HDDs should DEPARTMENT OF THE INTERIOR
(9/19/2013) http://www.britannica.com/ similarly be the country where the firmware
EBchecked/topic/130654/computer-program, is downloaded because the HDD cannot
which explains, in part, that ‘‘a program is [FWS–R4–FHC–2016–N208;
function without the firmware being
prepared by first formulating a task and then FVHC98210408710–XXX–FF04G01000]
installed, that is not the correct test used to
expressing it in an appropriate computer
determine the country of origin of a product. Deepwater Horizon Oil Spill; Draft
language, presumably one suited to the
application.’’ While the programming The country of origin of a product is Louisiana Trustee Implementation
occurred in the United States, the determined based on where the last Group Restoration Plan #1:
downloading occurred in Singapore. Given substantial transformation occurs. As the Restoration of Wetlands, Coastal, and
these facts, we found that the country where holdings of HQ H241177 and HQ H240199 Nearshore Habitats; Habitat Projects
the last substantial transformation occurred make clear, it is CBP’s position that mere on Federally Managed Lands; and
was Malaysia, namely, where the major downloading of software that is written in
assembly processes were performed.
Birds
another country onto an information
Therefore, we found that the country of processing device is not sufficient to be AGENCY: Department of the Interior.
origin for purposes of U.S. Government considered a substantial transformation of
procurement was Malaysia. ACTION: Notice of availability; reopening
that device. While the downloading does of public comment period.
In HQ H240199 dated March 10, 2015, four
different scenarios for the production of a make the HDD functional, the country where
computer were presented. In the third that occurs is not where a substantial SUMMARY: We are reopening the public
scenario, all of the hardware components transformation occurs. As the entire assembly comment period on the Louisiana
were assembled in Country A and imported process occurs in either [ ], we find Trustee Implementation Group Draft
into Country F. The operations that occurred that the country of origin of the HDDs will Restoration Plan #1: Restoration of
in Country F were that the BIOS and the OS either be [ ]. This finding regarding Wetlands, Coastal, and Nearshore
were downloaded. The issue was whether the the country of origin of the HDDs will apply Habitats; Habitat Projects on Federally
downloading of the BIOS and OS both for purposes of government
substantially transformed the notebook
Managed Lands; and Birds (Draft
procurement, as well as for country of origin Restoration Plan #1). We opened the
computer. We reiterated that programming a
marking. public comment period via a November
device that defines its use generally
constitutes a substantial transformation. HOLDING: 1, 2016, notice of availability. The
Software downloading, however, does not public comment period closed on
Based on the facts of this case, in first
amount to programming. Consistent with November 28, 2016.
previous CBP rulings cited above, we found scenario, we find for purposes of U.S.
Government procurement, the country of DATES: Comments Due Date: We will
that the BIOS and OS downloading did not
result in a substantial transformation in origin of the Notebook HDDs will either be consider public comments received
Country F. Given these facts, we found that Singapore or South Korea, where the November 1, 2016 through December 9,
the country where the last substantial firmware is both written and installed onto 2016.
transformation occurred was Country A, the HDDs. In the second scenario, where the ADDRESSES:
where the major assembly processes were firmware is written in a different country Obtaining Documents: You may
performed. from where it is downloaded onto the HDDs, download the Louisiana Trustee
The facts involved in this case are very for purposes of U.S. Government
similar to the facts described in HQ H241362,
Implementation Group Draft Restoration
procurement and country of origin marking, Plan 1: Restoration of Wetlands, Coastal,
except that in the second scenario presented,
the country of origin of the Notebook HDDs and Nearshore Habitats; Habitat Projects
the firmware that is installed on the HDDs is
largely written in a country other than the will be the country where the last substantial on Federally Managed Lands; and Birds
country where it will be installed. Although transformation takes place, namely the at any of the following sites:
country where the device components are
some of the work in writing the firmware is • http://www.gulfspillrestoration.
done in the United States, the overwhelming finally assembled, which in this case will
noaa.gov
majority of the time and money expended in either be [ ].
developing the firmware was expended in Notice of this final determination will be
• http://www.doi.gov/deepwaterhorizon
Singapore and not in the United States. In given in the Federal Register, as required by • http://la-dwh.com
fact, according to the submission, in 19 CFR 177.29. Any party-at-interest other Alternatively, you may request a CD
developing the firmware, more than five than the party which requested this final of the Draft Restoration Plan 1 (see FOR
times the amount of time and money is determination may request, pursuant to 19 FURTHER INFORMATION CONTACT). You
expended in Singapore than in the United may also view the document at any of
CFR 177.31, that CBP reexamine the matter
States. In the second scenario the only major
operation that occurs in the United States to anew and issue a new final determination. the public facilities listed at http://www.
produce the finished HDDs, is the Pursuant to 19 CFR 177.30, any party-at- gulfspillrestoration.noaa.gov.
installation of the largely foreign written interest may, within 30 days of publication Submitting Comments: You may
firmware. of the Federal Register Notice referenced submit comments on the draft document
For the first scenario, we find that the above, seek judicial review of this final by one of following methods:
country of origin of the HDDs will be the determination before the Court of • Via the Web: http://www.gulfspill
country where the firmware is largely written International Trade. restoration.noaa.gov/restoration-areas/
and installed onto the HDDs, Singapore for Sincerely, louisiana.
the NS drives, and South Korea for the
Myles B. Harmon, • Via U.S. Mail: U.S. Fish and
Samsung Spinpoint. As in H241362, the
firmware, mostly created in either Singapore Acting Executive Director Regulations and Wildlife Service, P.O. Box 49567,
or South Korea and downloaded in those Rulings Office of Trade. Atlanta, GA 30345.
sradovich on DSK3GMQ082PROD with NOTICES

countries, imparts the essential character of • Louisiana Coastal Protection &
[FR Doc. 2016–28790 Filed 11–29–16; 8:45 am]
the HDDs. The use of the HDDs is solely Restoration Authority, ATTN: Liz
dictated by the firmware and it otherwise has BILLING CODE 9111–14–P Williams, P.O. Box 44027, Baton Rouge,
no use. However, in the second scenario, the LA 70804.
HDDs are assembled in one country, the
FOR FURTHER INFORMATION CONTACT: Liz
firmware is largely written in another
country, and downloaded in a third country, Williams at LATIG.la.gov.
the United States. While counsel contends SUPPLEMENTARY INFORMATION:

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86338 Federal Register / Vol. 81, No. 230 / Wednesday, November 30, 2016 / Notices

Introduction DEPARTMENT OF THE INTERIOR Final EIS meets all requirements of the
CEQ, DOI and BLM for preparation of an
In accordance with the Oil Pollution Bureau of Land Management EIS.
Act of 1990 (OPA), the National Oil and gas leasing on National Forest
[LLCON04000 L16100000.DP0000–16X]
Environmental Policy Act (NEPA), the System Lands is a collaborative process
Consent Decree, and the Final Notice of Availability of the Record of between the USFS and the BLM. The
Programmatic Damage Assessment Decision Adopting U.S. Forest USFS is responsible for making land
Restoration Plan and Final Service’s Final Environmental Impact availability decisions, while the BLM is
Programmatic Environmental Impact Statement for Oil and Gas Leasing on responsible for issuing and managing oil
Statement, the Federal and State natural Lands Administered by the White River and gas leases, as described in the
resource trustee agencies for the National Forest, CO Federal Onshore Oil and Gas Leasing
Louisiana Trustee Implementation Reform Act.
Group (Trustees) have prepared a Draft AGENCY: Bureau of Land Management, The BLM was a Cooperating Agency
Restoration Plan 1: Restoration of Interior. in the preparation of the USFS’s Final
Wetlands, Coastal, and Nearshore ACTION: Notice. EIS. Per 40 CFR 1506.3(c), the BLM
Habitats; Habitat Projects on Federally adopts the Final EIS without re-
SUMMARY: In accordance with the circulating, as the BLM has concluded
Managed Lands; and Birds (Draft National Environmental Policy Act of
Restoration Plan 1). Draft Restoration that its comments and suggestions were
1969 (NEPA), the Bureau of Land incorporated during the NEPA process.
Plan 1 describes and proposes Management (BLM) announces the
engineering and design activities for This decision is approved by the
availability of the Record of Decision Deputy Secretary of DOI; therefore, it is
restoration projects intended to (ROD) adopting the Final United States not subject to administrative appeal (43
continue the process of restoring natural Forest Service’s (USFS) ‘‘White River CFR 4.410(a)(3)).
resources and services injured or lost as National Forest Oil and Gas Leasing
a result of the Deepwater Horizon oil Final Environmental Impact Statement Authority: 40 CFR 1506.6, 40 CFR
1506.10.
spill, which occurred on or about April (EIS),’’ which identifies the lands
20, 2010, in the Gulf of Mexico. available for oil and gas leasing in the Ruth Welch,
White River National Forest, including BLM Colorado State Director.
Background stipulations to protect surface resources. [FR Doc. 2016–28806 Filed 11–29–16; 8:45 am]
For additional background ADDRESSES: Copies of the ROD are BILLING CODE 4310–JB–P
information, see our original Federal available for public inspection at the
Register notice, which opened the BLM Colorado River Valley Field Office,
comment period (November 1, 2016; 81 2300 River Frontage Road, Silt, CO DEPARTMENT OF THE INTERIOR
FR 75840). 81652. Interested persons may also
review the ROD on the project Web site Bureau of Land Management
Invitation To Comment at https://eplanning.blm.gov/epl-front-
office/eplanning/nepa/nepa_register.do. [LLCON04000 L16100000.DP0000–16X]
The Trustees seek public review and
FOR FURTHER INFORMATION CONTACT: Greg
comment on the proposed projects and Notice of Availability of the Record of
Larson, Project Manager, at the address
supporting analysis included in the Decision for the Previously Issued Oil
above, by telephone at 970–876–9000,
Draft Restoration Plan 1. Before and Gas Leases in the White River
or by email at glarson@blm.gov. Persons
including your address, phone number, National Forest, CO
who use a telecommunications device
email address, or other personal for the deaf (TDD) may call the Federal AGENCY: Bureau of Land Management,
identifying information in your Relay Service (FRS) at 1–800–877–8339 Interior.
comment, you should be aware that to contact the above individual during ACTION: Notice.
your entire comment, including your normal business hours. The FRS is
personal identifying information, may available 24 hours a day, seven days a SUMMARY: The Bureau of Land
be made publicly available at any time. week, to leave a message or question Management (BLM) has prepared a
Authority with the above individual. You will Record of Decision (ROD) based on the
receive a reply during normal business analysis in the ‘‘Previously Issued Oil
The authority of this action is the Oil hours. and Gas Leases in the White River
Pollution Act of 1990 (33 U.S.C. 2701 et SUPPLEMENTARY INFORMATION: The National Forest Final Environmental
seq.) and the implementing Natural BLM’s ROD formally adopts the USFS, Impact Statement (EIS).’’ That EIS
Resource Damage Assessment December 2014, White River National addressed the treatment of 65
regulations found at 15 CFR 990. Forest Oil and Gas Leasing Final EIS. previously issued oil and gas leases on
The Department of the Interior (DOI) lands within the White River National
Kevin D. Reynolds, and the BLM concur with the selection Forest (WRNF). By this notice the BLM
Department of the Interior Deepwater Horizon of a combination of Alternatives B and is announcing the availability of the
Case Manager. C as described in the USFS ROD ROD. On November 17, 2016, the BLM
[FR Doc. 2016–28675 Filed 11–29–16; 8:45 am] (December 3, 2015). As identified in 40 Colorado State Director signed and the
CFR 1506.3(a), ‘‘[a]n agency may adopt Deputy Secretary of the Department of
sradovich on DSK3GMQ082PROD with NOTICES

BILLING CODE 4310–55–P
a Federal draft or final . . . [EIS] or the Interior approved the ROD.
portion thereof provided that the ADDRESSES: Copies of the ROD are
statement or portion thereof meets the available for public inspection at the
standards for an adequate statement BLM Colorado River Valley Field Office,
under these [the Council on 2300 River Frontage Road, Silt, CO
Environmental Quality (CEQ)] 81652. Interested persons may also
regulations.’’ The BLM affirms that this review the ROD on the project Web site

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Document Created: 2016-11-30 02:17:48
Document Modified: 2016-11-30 02:17:48

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; reopening of public comment period.
Contact		Liz Williams at LATIG.la.gov.
FR Citation		81 FR 86337