82_FR_19740 82 FR 19659 - Deepwater Horizon Oil Spill; Notice of Intent To Conduct Strategic Restoration Planning That Considers Existing Projects for Barataria Bay, Louisiana and To Initiate Restoration Planning With Regard to the Mid-Barataria Sediment Diversion

82 FR 19659 - Deepwater Horizon Oil Spill; Notice of Intent To Conduct Strategic Restoration Planning That Considers Existing Projects for Barataria Bay, Louisiana and To Initiate Restoration Planning With Regard to the Mid-Barataria Sediment Diversion

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 81 (April 28, 2017)

Page Range19659-19661
FR Document2017-08591

NOAA, on behalf of the Federal and state natural resource trustees for the Louisiana Trustee Implementation Group (Louisiana TIG Trustees) for the Deepwater Horizon (DWH) oil spill, is initiating two actions with this notice. First, the Louisiana TIG Trustees are announcing their intent to prepare a Strategic Restoration Plan for Barataria Basin, Louisiana, pursuant to the Deepwater Horizon Programmatic Damage Assessment and Restoration Plan and Programmatic Environmental Impact Statement (PDARP/PEIS) (Feb 2016). This Barataria Basin Strategic Restoration Plan, referred to herein as the Phase I Plan, will consider identifying habitat restoration components of the Louisiana Draft 2017 Coastal Master Plan (draft 2017 CMP) to serve as an Oil Pollution Act (OPA) Strategic Restoration Plan for restoring wetland, coastal, and nearshore habitat in Barataria Basin, Louisiana, consistent with OPA and with the Trustees' PDARP/PEIS. The Louisiana TIG Trustees will consider whether a combination of Barataria Basin habitat restoration projects in the draft 2017 CMP constitutes a preferred alternative, among other feasible alternatives, for fulfilling OPA's and the PDARP/ PEIS's intent for the trustees to address ecosystem-level injuries and to restore, rehabilitate, replace, or acquire the equivalent of the injured wetland, coastal and nearshore habitat resources and services and compensate for interim losses of those resources from the Deepwater Horizon oil spill. Any projects or suites of projects that are ultimately included in the resulting Strategic Restoration Plan will be further analyzed in subsequent phased restoration plans and their accompanying environmental impact analyses as required by OPA, NEPA, and the Trustees' PDARP/PEIS. Second, the Louisiana TIG Trustees are providing notice of the initiation of restoration planning, including analysis of the Mid- Barataria Sediment Diversion and appropriate alternatives to partially restore ecosystem and wetland, coastal and nearshore habitat resources and services in Barataria Basin, and compensate for interim losses of those resources and services, injured by the Deepwater Horizon oil spill. This potential Mid-Barataria Sediment Diversion Restoration Plan is referred to herein as the Phase 2 Plan. The Louisiana TIG Trustees are evaluating whether the Mid-Barataria Sediment Diversion is an appropriate project for restoring injuries from the Deepwater Horizon oil spill, and the Louisiana TIG Trustees anticipate that their decision in that regard will be informed by the results of the Phase 1 Plan. Further, by separate Supplemental Notice of Intent, the U.S. Army Corps of Engineers (USACE) is announcing its intent, as part of its review under section 404 of the Clean Water Act, section 10 of the Rivers and Harbors Act of 1899 (``Section 10/404''), and section 408 of the Rivers and Harbors Appropriation Act of 1899, as amended (``Section 408''), to prepare a draft Environmental Impact Statement (``EIS'') pursuant to the National Environmental Policy Act of 1969 (NEPA). USACE will use the EIS, in conjunction with other relevant materials, to inform decision-making on the Department of the Army, section 10/404 and section 408 requests for permits and permissions for the Mid- Barataria Sediment Diversion. In order to capitalize on that ongoing environmental review, the Louisiana TIG Trustees are, at this time, requesting input on the scope of the USACE EIS via the process outlined in the coordinated USACE NOI. The LA TIG is supporting the development of the USACE EIS with the potential for the EIS to serve as the EIS for the Phase 2 Restoration Plan. The Louisiana TIG Trustees will additionally seek formal public involvement in the Phase 2 Draft Restoration Plan process in accordance with applicable Federal regulations and consistent with the PDARP/PEIS.

Federal Register, Volume 82 Issue 81 (Friday, April 28, 2017)
[Federal Register Volume 82, Number 81 (Friday, April 28, 2017)]
[Notices]
[Pages 19659-19661]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-08591]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE201


Deepwater Horizon Oil Spill; Notice of Intent To Conduct 
Strategic Restoration Planning That Considers Existing Projects for 
Barataria Bay, Louisiana and To Initiate Restoration Planning With 
Regard to the Mid-Barataria Sediment Diversion

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of intent to prepare a Strategic Restoration Plan for 
Barataria Basin, Louisiana, and to initiate restoration planning with 
regard to the Mid-Barataria Sediment Diversion.

-----------------------------------------------------------------------

SUMMARY: NOAA, on behalf of the Federal and state natural resource 
trustees for the Louisiana Trustee Implementation Group (Louisiana TIG 
Trustees) for the Deepwater Horizon (DWH) oil spill, is initiating two 
actions with this notice.
    First, the Louisiana TIG Trustees are announcing their intent to 
prepare a Strategic Restoration Plan for Barataria Basin, Louisiana, 
pursuant to the Deepwater Horizon Programmatic Damage Assessment and 
Restoration Plan and Programmatic Environmental Impact Statement 
(PDARP/PEIS) (Feb 2016). This Barataria Basin Strategic Restoration 
Plan, referred to herein as the Phase I Plan, will consider identifying 
habitat restoration components of the Louisiana Draft 2017 Coastal 
Master Plan (draft 2017 CMP) to serve as an Oil Pollution Act (OPA) 
Strategic Restoration Plan for restoring wetland, coastal, and 
nearshore habitat in Barataria Basin, Louisiana, consistent with OPA 
and with the Trustees' PDARP/PEIS. The Louisiana TIG Trustees will 
consider whether a combination of Barataria Basin habitat restoration 
projects in the draft 2017 CMP constitutes a preferred alternative, 
among other feasible alternatives, for fulfilling OPA's and the PDARP/
PEIS's intent for the trustees to address ecosystem-level injuries and 
to restore, rehabilitate, replace, or acquire the equivalent of the 
injured wetland, coastal and nearshore habitat resources and services 
and compensate for interim losses of those resources from the Deepwater 
Horizon oil spill. Any projects or suites of projects that are 
ultimately included in the resulting Strategic Restoration Plan will be 
further analyzed in subsequent phased

[[Page 19660]]

restoration plans and their accompanying environmental impact analyses 
as required by OPA, NEPA, and the Trustees' PDARP/PEIS.
    Second, the Louisiana TIG Trustees are providing notice of the 
initiation of restoration planning, including analysis of the Mid-
Barataria Sediment Diversion and appropriate alternatives to partially 
restore ecosystem and wetland, coastal and nearshore habitat resources 
and services in Barataria Basin, and compensate for interim losses of 
those resources and services, injured by the Deepwater Horizon oil 
spill. This potential Mid-Barataria Sediment Diversion Restoration Plan 
is referred to herein as the Phase 2 Plan. The Louisiana TIG Trustees 
are evaluating whether the Mid-Barataria Sediment Diversion is an 
appropriate project for restoring injuries from the Deepwater Horizon 
oil spill, and the Louisiana TIG Trustees anticipate that their 
decision in that regard will be informed by the results of the Phase 1 
Plan. Further, by separate Supplemental Notice of Intent, the U.S. Army 
Corps of Engineers (USACE) is announcing its intent, as part of its 
review under section 404 of the Clean Water Act, section 10 of the 
Rivers and Harbors Act of 1899 (``Section 10/404''), and section 408 of 
the Rivers and Harbors Appropriation Act of 1899, as amended (``Section 
408''), to prepare a draft Environmental Impact Statement (``EIS'') 
pursuant to the National Environmental Policy Act of 1969 (NEPA). USACE 
will use the EIS, in conjunction with other relevant materials, to 
inform decision-making on the Department of the Army, section 10/404 
and section 408 requests for permits and permissions for the Mid-
Barataria Sediment Diversion. In order to capitalize on that ongoing 
environmental review, the Louisiana TIG Trustees are, at this time, 
requesting input on the scope of the USACE EIS via the process outlined 
in the coordinated USACE NOI. The LA TIG is supporting the development 
of the USACE EIS with the potential for the EIS to serve as the EIS for 
the Phase 2 Restoration Plan. The Louisiana TIG Trustees will 
additionally seek formal public involvement in the Phase 2 Draft 
Restoration Plan process in accordance with applicable Federal 
regulations and consistent with the PDARP/PEIS.

DATES: The date, time, and location of the formal public comment 
portion of this scoping period for the USACE EIS are yet to be 
determined. This information will be made available to the public on 
the DWH Trustees' Louisiana TIG Web page, (http://www.gulfspillrestoration.noaa.gov/restoration-areas/louisiana), the 
USACE-MVN's Web page (http://www.mvn.usace.army.mil/Missions/Regulatory/Permits/Mid-Barataria-Sediment-Diversion-EIS/), and via a 
future Federal Register notice. The Louisiana TIG Trustees will 
additionally seek formal public involvement in the Phase 2 Draft 
Restoration Planning process in accordance with applicable federal 
regulations and consistent with the PDARP/PEIS. The date, time, and 
location of the formal public involvement period for the Phase 2 
Restoration Plan process are yet to be determined. This information 
will be made available to the public via a future Federal Register 
notice and on the DWH Trustees' Louisiana TIG Web page, (http://www.gulfspillrestoration.noaa.gov/restoration-areas/louisiana).

FOR FURTHER INFORMATION CONTACT:  NOAA: Mel Landry, 
[email protected].
     LOUISIANA: Liz Williams, [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    On 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), exploded, caught fire and subsequently sank 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 one 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 to the 
environment as a result of the spill.
    The Deepwater Horizon State and Federal natural resource trustees 
(DWH 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 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.
    Upon completion of the NRDA, the DWH Trustees reached and finalized 
a settlement of their natural resource damage claims with BP in a 
Consent Decree \1\ 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 TIG. The Louisiana TIG is composed of the following Trustees:
---------------------------------------------------------------------------

    \1\ https://www.justice.gov/enrd/file/838066/download.
---------------------------------------------------------------------------

     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;
     Louisiana Coastal Protection and Restoration Authority;
     Louisiana Department of Natural Resources;
     Louisiana Department of Environmental Quality;
     Louisiana Oil Spill Coordinator's Office; and
     Louisiana Department of Wildlife and Fisheries.
    These restoration planning activities are proceeding in accordance 
with the PDARP/PEIS. Information on the Restoration Type: Restore 
Wetlands, Coastal, and Nearshore Habitats, as well as the OPA criteria 
against which projects will be evaluated, can be found in the PDARP/
PEIS (http://www.gulfspillrestoration.noaa.gov/restoration-planning/gulf-plan) and in the Overview of the PDARP/PEIS (http://www.gulfspillrestoration.noaa.gov/restoration-planning/gulf-plan).

Overview of Action

    The first action taken in this Notice is to inform the public that 
the Louisiana TIG Trustees intend to prepare a Strategic Restoration 
Plan for Barataria Basin pursuant to the PDARP/PEIS and OPA. The 
Trustees intend to consider the use of wetlands, coastal and nearshore 
habitat projects or suites of projects from the Draft 2017 CMP as the 
basis for that Strategic Restoration Plan. Those Draft 2017 CMP 
projects will be

[[Page 19661]]

evaluated under applicable authorities in comparison to other feasible 
alternatives for restoring wetland, coastal and nearshore habitat and 
services injured by the Deepwater Horizon oil spill.
    The PDARP/PEIS provides TIGs the option to prepare strategic 
restoration plans ``to focus and sequence priorities within a 
Restoration Area'' and to ``consider resources at the ecosystem level, 
while implementing restoration at the local level.'' (PDARP Section 
7.3.1). In addition, the NRDA implementing regulations specifically 
allow trustees to consider the use of existing projects (15 CFR 
990.56), such as those identified in the draft 2017 CMP. The Louisiana 
TIG is proposing that this Strategic Restoration Plan will focus on 
wetland, coastal, and nearshore habitat restoration type projects in 
the Barataria Basin restoration area because the PDARP/PEIS found that 
Barataria Basin experienced some of the heaviest and persistent oiling 
from the DWH spill and because the Basin supports very high primary and 
secondary production that contributes to the overall health of the 
northern Gulf of Mexico ecosystem.
    The Louisiana TIG anticipates that the Strategic Restoration Plan 
for Barataria Basin will select for further funding and development 
most, if not all, of the remaining projects applicable under the 
``Wetlands, Coastal, and Nearshore Habitats'' Restoration Type to be 
implemented in the Barataria Basin by the Louisiana TIG under the 
PDARP/PEIS. Developing such a strategic plan for much of Barataria 
Basin restoration for this Restoration Type will allow the Louisiana 
TIG to identify a suite of projects that, taken together, best achieve 
the ``integrated ecosystem restoration'' called for in Chapter 5 of the 
PDARP/PEIS. A decision in the strategic plan to fund further 
development of projects will not be a final decision by the Louisiana 
TIG to proceed with implementation of those projects. Information about 
the ``Wetlands, Coastal, and Nearshore Habitats'' Restoration Type as 
well as the OPA criteria against which projects will be evaluated can 
be found in the PDARP/PEIS.
    The second action taken in this Notice is to inform the public of 
the Louisiana TIG Trustees' initiation of restoration planning, which 
will include the preparation of a restoration plan (the Phase 2 Plan) 
that evaluates the Mid-Barataria Sediment Diversion project as a means 
of restoring injured wetland, coastal and nearshore resources and 
services in Barataria Basin to restore for injuries resulting from the 
Deepwater Horizon oil spill. The Louisiana TIG began this restoration 
planning effort on March 28, 2017, by requesting project ideas from the 
public. At that time, the Louisiana TIG requested project ideas that 
could benefit wetlands, coastal, and nearshore habitats in the 
Barataria Basin, the estuary most heavily impacted by the DWH oil 
spill. That notice was published on the Louisiana TIG Web site: (http://www.gulfspillrestoration.noaa.gov/restoration-areas/louisiana).
    The Mid-Barataria Sediment Diversion, a large-scale sediment 
diversion, is one of the projects proposed in the Draft 2017 CMP. While 
the Louisiana TIG Trustees have not yet decided to move forward with a 
restoration plan for a Mid-Barataria Sediment Diversion, the project 
currently is undergoing engineering and design and supplemental scoping 
for preparation of an EIS, led by the USACE based on permit 
applications submitted by the Louisiana Coastal Protection and 
Restoration Authority pursuant to the provisions of section 404 of the 
Clean Water Act, section 10 of the Rivers and Harbors Appropriation Act 
of 1899, and section 14 of the Rivers and Harbors Appropriation Act of 
1899, as amended. To facilitate the potential consideration of this 
project under OPA, it is the intent of the state and Federal Louisiana 
TIG Trustees to assist the USACE in the preparation of the EIS for the 
Mid-Barataria Sediment Diversion. In addition, the Federal Louisiana 
TIG Trustees are cooperating agencies with the USACE for the 
preparation of that EIS. In a coordinated Federal Register notice, the 
USACE is issuing a supplemental Notice of Intent regarding the scope of 
the EIS for the project, including the potential for the EIS to inform 
a NRDA decision on restoration planning in which case the Louisiana TIG 
Trustees would adopt the EIS for such purposes. The Louisiana TIG is 
seeking to facilitate public involvement regarding the EIS, and 
encourages interested person and entities to submit comments in 
response to the USACE EIS process regarding the Mid-Barataria Sediment 
Diversion.

Next Steps

    With regard to the Phase 1 Plan, the Louisiana TIG Trustees will 
proceed with consideration of whether a combination of projects in the 
Draft 2017 CMP provides a basis for a Strategic Restoration Plan for 
Barataria Basin.
    With regard to the potential Phase 2 Plan, the Louisiana TIG 
Trustees will review all public input received as part of the USACE's 
scoping process for the preparation of an EIS for the proposed Mid-
Barataria Sediment Diversion project as the Trustees work with the 
USACE to prepare an EIS that supports both the USACE regulatory 
decisions and OPA restoration planning decisions. The Louisiana TIG 
Trustees will additionally seek formal public involvement in the Phase 
2 Draft Restoration Plan process in accordance with applicable federal 
regulations and consistent with the PDARP/PEIS.

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 relevant administrative records 
since its date of inception. This Administrative Record is actively 
maintained and available for public review.

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 and NEPA (42 U.S.C. 4321 et seq.).

    Dated: April 21, 2017.
Carrie Selberg,
Deputy Director, Office of Habitat Conservation, National Marine 
Fisheries Service.
[FR Doc. 2017-08591 Filed 4-27-17; 8:45 am]
 BILLING CODE 3510-22-P



                                                                                     Federal Register / Vol. 82, No. 81 / Friday, April 28, 2017 / Notices                                          19659

                                                    case and rebuttal briefs, must submit a                    • Coniferous lumber stacked on edge and            DEPARTMENT OF COMMERCE
                                                    written request to the Assistant                        fastened together with nails, whether or not
                                                    Secretary for Enforcement and                           with plywood sheathing.                               National Oceanic and Atmospheric
                                                    Compliance, U.S. Department of                             • Components or parts of semi-finished or          Administration
                                                    Commerce within 30 days after the date                  unassembled finished products made from
                                                                                                                                                                  RIN 0648–XE201
                                                    of publication of this notice. Requests                 subject merchandise that would otherwise
                                                    should contain the party’s name,                        meet the definition of the scope above.               Deepwater Horizon Oil Spill; Notice of
                                                    address, and telephone number, the                         Softwood lumber product imports are                Intent To Conduct Strategic
                                                    number of participants, whether any                     generally entered under Chapter 44 of the             Restoration Planning That Considers
                                                    participant is a foreign national, and a                Harmonized Tariff Schedule of the United              Existing Projects for Barataria Bay,
                                                    list of the issues to be discussed. If a                States (‘‘HTSUS’’). This chapter of the               Louisiana and To Initiate Restoration
                                                    request for a hearing is made, the                      HTSUS covers ‘‘Wood and articles of wood.’’           Planning With Regard to the Mid-
                                                    Department intends to hold the hearing                  Softwood lumber products that are subject to          Barataria Sediment Diversion
                                                    at the U.S. Department of Commerce,                     this investigation are currently classifiable
                                                    1401 Constitution Avenue NW.,                           under the following ten-digit HTSUS                   AGENCY:  National Marine Fisheries
                                                                                                            subheadings in Chapter 44: 4407.10.01.01;             Service (NMFS), National Oceanic and
                                                    Washington, DC 20230, at a time and
                                                                                                            4407.10.01.02; 4407.10.01.15; 4407.10.01.16;          Atmospheric Administration (NOAA),
                                                    date to be determined and interested
                                                                                                            4407.10.01.17; 4407.10.01.18; 4407.10.01.19;          Commerce.
                                                    parties will be notified by the
                                                                                                            4407.10.01.20; 4407.10.01.42; 4407.10.01.43;          ACTION: Notice of intent to prepare a
                                                    Department, via letter. Parties should
                                                                                                            4407.10.01.44; 4407.10.01.45; 4407.10.01.46;          Strategic Restoration Plan for Barataria
                                                    confirm by telephone the date, time, and
                                                                                                            4407.10.01.47; 4407.10.01.48; 4407.10.01.49;          Basin, Louisiana, and to initiate
                                                    location of the hearing two days before
                                                                                                            4407.10.01.52; 4407.10.01.53; 4407.10.01.54;          restoration planning with regard to the
                                                    the scheduled date.
                                                                                                            4407.10.01.55; 4407.10.01.56; 4407.10.01.57;          Mid-Barataria Sediment Diversion.
                                                    International Trade Commission                          4407.10.01.58; 4407.10.01.59; 4407.10.01.64;
                                                    Notification                                            4407.10.01.65; 4407.10.01.66; 4407.10.01.67;          SUMMARY:    NOAA, on behalf of the
                                                                                                            4407.10.01.68; 4407.10.01.69; 4407.10.01.74;          Federal and state natural resource
                                                       In accordance with section 703(f) of                 4407.10.01.75; 4407.10.01.76; 4407.10.01.77;          trustees for the Louisiana Trustee
                                                    the Act, the Department will notify the                 4407.10.01.82; 4407.10.01.83; 4407.10.01.92;          Implementation Group (Louisiana TIG
                                                    International Trade Commission (ITC) of                 4407.10.01.93; 4409.10.05.00; 4409.10.10.20;          Trustees) for the Deepwater Horizon
                                                    its determination. If the final                         4409.10.10.40; 4409.10.10.60; 4409.10.10.80;          (DWH) oil spill, is initiating two actions
                                                    determination is affirmative, the ITC                   4409.10.20.00; 4409.10.90.20; 4409.10.90.40;          with this notice.
                                                    will determine before the later of 120                  and 4418.90.25.00.                                      First, the Louisiana TIG Trustees are
                                                    days after the date of this preliminary                    Subject merchandise as described above             announcing their intent to prepare a
                                                    determination or 45 days after the final                may also be classified as stringers, square cut       Strategic Restoration Plan for Barataria
                                                    determination.                                          box-spring-frame components, fence pickets,           Basin, Louisiana, pursuant to the
                                                                                                            truss components, pallet components,                  Deepwater Horizon Programmatic
                                                    Notification to Interested Parties                      flooring, and door and window frame parts             Damage Assessment and Restoration
                                                      This determination is issued and                      under the following ten-digit HTSUS                   Plan and Programmatic Environmental
                                                    published pursuant to sections 703(f)                   subheadings in Chapter 44: 4415.20.40.00;             Impact Statement (PDARP/PEIS) (Feb
                                                    and 777(i) of the Act and 19 CFR                        4415.20.80.00; 4418.90.46.05; 4418.90.46.20;          2016). This Barataria Basin Strategic
                                                    351.205(c).                                             4418.90.46.40; 4418.90.46.95; 4421.90.70.40;          Restoration Plan, referred to herein as
                                                                                                            4421.90.94.00; and 4421.90.97.80.                     the Phase I Plan, will consider
                                                      Dated: April 24, 2017.                                   Although these HTSUS subheadings are               identifying habitat restoration
                                                    Ronald K. Lorentzen,                                    provided for convenience and customs                  components of the Louisiana Draft 2017
                                                    Acting Assistant Secretary for Enforcement              purposes, the written description of the              Coastal Master Plan (draft 2017 CMP) to
                                                    and Compliance.                                         scope of the investigation is dispositive.            serve as an Oil Pollution Act (OPA)
                                                    Appendix I                                              Appendix II                                           Strategic Restoration Plan for restoring
                                                                                                                                                                  wetland, coastal, and nearshore habitat
                                                    Scope of the Investigation                              List of Topics Discussed in the Preliminary           in Barataria Basin, Louisiana, consistent
                                                       The merchandise covered by this                      Decision Memorandum                                   with OPA and with the Trustees’
                                                    investigation is softwood lumber, siding,               I. Summary                                            PDARP/PEIS. The Louisiana TIG
                                                    flooring and certain other coniferous wood              II. Background                                        Trustees will consider whether a
                                                    (‘‘softwood lumber products’’). The scope                                                                     combination of Barataria Basin habitat
                                                                                                            III. Scope Comments and Requests for
                                                    includes:
                                                       • Coniferous wood, sawn, or chipped
                                                                                                                  Exclusion                                       restoration projects in the draft 2017
                                                    lengthwise, sliced or peeled, whether or not            IV. Scope of the Investigation                        CMP constitutes a preferred alternative,
                                                    planed, whether or not sanded, or whether or            V. Subsidies Valuation                                among other feasible alternatives, for
                                                    not finger-jointed, of an actual thickness              VI. Analysis of Programs                              fulfilling OPA’s and the PDARP/PEIS’s
                                                    exceeding six millimeters.                              VII. Calculation of the All-Others Rate               intent for the trustees to address
                                                       • Coniferous wood siding, flooring, and              VIII. ITC Notification                                ecosystem-level injuries and to restore,
                                                    other coniferous wood (other than moldings              IX. Disclosure and Public Comment                     rehabilitate, replace, or acquire the
                                                    and dowel rods), including strips and friezes           X. Verification                                       equivalent of the injured wetland,
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    for parquet flooring, that is continuously              XI. Conclusion                                        coastal and nearshore habitat resources
                                                    shaped (including, but not limited to,                                                                        and services and compensate for interim
                                                                                                            [FR Doc. 2017–08673 Filed 4–27–17; 8:45 am]
                                                    tongued, grooved, rebated, chamfered, V-
                                                    jointed, beaded, molded, rounded) along any             BILLING CODE 3510–DS–P                                losses of those resources from the
                                                    of its edges, ends, or faces, whether or not                                                                  Deepwater Horizon oil spill. Any
                                                    planed, whether or not sanded, or whether or                                                                  projects or suites of projects that are
                                                    not end-jointed.                                                                                              ultimately included in the resulting
                                                       • Coniferous drilled and notched lumber                                                                    Strategic Restoration Plan will be
                                                    and angle cut lumber.                                                                                         further analyzed in subsequent phased


                                               VerDate Sep<11>2014   17:38 Apr 27, 2017   Jkt 241001   PO 00000   Frm 00008   Fmt 4703   Sfmt 4703   E:\FR\FM\28APN1.SGM   28APN1


                                                    19660                            Federal Register / Vol. 82, No. 81 / Friday, April 28, 2017 / Notices

                                                    restoration plans and their                             restoration-areas/louisiana), the                     injured natural resources under their
                                                    accompanying environmental impact                       USACE–MVN’s Web page (http://                         trusteeship, including the loss of use
                                                    analyses as required by OPA, NEPA,                      www.mvn.usace.army.mil/Missions/                      and services from those resources from
                                                    and the Trustees’ PDARP/PEIS.                           Regulatory/Permits/Mid-Barataria-                     the time of injury until the time of
                                                       Second, the Louisiana TIG Trustees                   Sediment-Diversion-EIS/), and via a                   restoration to baseline (the resource
                                                    are providing notice of the initiation of               future Federal Register notice. The                   quality and conditions that would exist
                                                    restoration planning, including analysis                Louisiana TIG Trustees will additionally              if the spill had not occurred) is
                                                    of the Mid-Barataria Sediment Diversion                 seek formal public involvement in the                 complete.
                                                    and appropriate alternatives to partially               Phase 2 Draft Restoration Planning                       Upon completion of the NRDA, the
                                                    restore ecosystem and wetland, coastal                  process in accordance with applicable                 DWH Trustees reached and finalized a
                                                    and nearshore habitat resources and                     federal regulations and consistent with               settlement of their natural resource
                                                    services in Barataria Basin, and                        the PDARP/PEIS. The date, time, and                   damage claims with BP in a Consent
                                                    compensate for interim losses of those                  location of the formal public                         Decree 1 approved by the United States
                                                    resources and services, injured by the                  involvement period for the Phase 2                    District Court for the Eastern District of
                                                    Deepwater Horizon oil spill. This                       Restoration Plan process are yet to be                Louisiana. Pursuant to that Consent
                                                    potential Mid-Barataria Sediment                        determined. This information will be                  Decree, restoration projects in Louisiana
                                                    Diversion Restoration Plan is referred to               made available to the public via a future             are now chosen and managed by the
                                                    herein as the Phase 2 Plan. The                         Federal Register notice and on the DWH                Louisiana TIG. The Louisiana TIG is
                                                    Louisiana TIG Trustees are evaluating                   Trustees’ Louisiana TIG Web page,                     composed of the following Trustees:
                                                    whether the Mid-Barataria Sediment                      (http://www.gulfspillrestoration                         • U.S. Department of the Interior, as
                                                    Diversion is an appropriate project for                 .noaa.gov/restoration-areas/louisiana).               represented by the National Park
                                                    restoring injuries from the Deepwater                   FOR FURTHER INFORMATION CONTACT:                      Service, U.S. Fish and Wildlife Service,
                                                    Horizon oil spill, and the Louisiana TIG                • NOAA: Mel Landry,                                   and Bureau of Land Management;
                                                    Trustees anticipate that their decision in              gulfspill.restoration@noaa.gov.                          • National Oceanic and Atmospheric
                                                    that regard will be informed by the                       • LOUISIANA: Liz Williams, LATIG@                   Administration, on behalf of the U.S.
                                                    results of the Phase 1 Plan. Further, by                la.gov.                                               Department of Commerce;
                                                    separate Supplemental Notice of Intent,                                                                          • U.S. Department of Agriculture;
                                                                                                            SUPPLEMENTARY INFORMATION:
                                                    the U.S. Army Corps of Engineers                                                                                 • U.S. Environmental Protection
                                                    (USACE) is announcing its intent, as                    Background                                            Agency;
                                                    part of its review under section 404 of                                                                          • Louisiana Coastal Protection and
                                                                                                               On April 20, 2010, the mobile
                                                    the Clean Water Act, section 10 of the                                                                        Restoration Authority;
                                                                                                            offshore drilling unit, Deepwater
                                                    Rivers and Harbors Act of 1899                                                                                   • Louisiana Department of Natural
                                                                                                            Horizon, which was being used to drill
                                                    (‘‘Section 10/404’’), and section 408 of                                                                      Resources;
                                                                                                            a well for BP Exploration and
                                                    the Rivers and Harbors Appropriation                                                                             • Louisiana Department of
                                                                                                            Production Inc. (BP), in the Macondo
                                                    Act of 1899, as amended (‘‘Section                                                                            Environmental Quality;
                                                                                                            prospect (Mississippi Canyon 252—                        • Louisiana Oil Spill Coordinator’s
                                                    408’’), to prepare a draft Environmental                MC252), exploded, caught fire and
                                                    Impact Statement (‘‘EIS’’) pursuant to                                                                        Office; and
                                                                                                            subsequently sank in the Gulf of                         • Louisiana Department of Wildlife
                                                    the National Environmental Policy Act                   Mexico, resulting in an unprecedented
                                                    of 1969 (NEPA). USACE will use the                                                                            and Fisheries.
                                                                                                            volume of oil and other discharges from                  These restoration planning activities
                                                    EIS, in conjunction with other relevant                 the rig and from the wellhead on the
                                                    materials, to inform decision-making on                                                                       are proceeding in accordance with the
                                                                                                            seabed. The Deepwater Horizon oil spill               PDARP/PEIS. Information on the
                                                    the Department of the Army, section 10/                 is the largest oil spill in U.S. history,
                                                    404 and section 408 requests for permits                                                                      Restoration Type: Restore Wetlands,
                                                                                                            discharging millions of barrels of oil                Coastal, and Nearshore Habitats, as well
                                                    and permissions for the Mid-Barataria                   over a period of 87 days. In addition,
                                                    Sediment Diversion. In order to                                                                               as the OPA criteria against which
                                                                                                            well over one million gallons of                      projects will be evaluated, can be found
                                                    capitalize on that ongoing                              dispersants were applied to the waters
                                                    environmental review, the Louisiana                                                                           in the PDARP/PEIS (http://
                                                                                                            of the spill area in an attempt to                    www.gulfspillrestoration.noaa.gov/
                                                    TIG Trustees are, at this time, requesting              disperse the spilled oil. An
                                                    input on the scope of the USACE EIS via                                                                       restoration-planning/gulf-plan) and in
                                                                                                            undetermined amount of natural gas                    the Overview of the PDARP/PEIS
                                                    the process outlined in the coordinated                 was also released to the environment as
                                                    USACE NOI. The LA TIG is supporting                                                                           (http://www.gulfspillrestoration
                                                                                                            a result of the spill.                                .noaa.gov/restoration-planning/gulf-
                                                    the development of the USACE EIS with                      The Deepwater Horizon State and
                                                    the potential for the EIS to serve as the                                                                     plan).
                                                                                                            Federal natural resource trustees (DWH
                                                    EIS for the Phase 2 Restoration Plan.                   Trustees) conducted the natural                       Overview of Action
                                                    The Louisiana TIG Trustees will                         resource damage assessment (NRDA) for                   The first action taken in this Notice is
                                                    additionally seek formal public                         the Deepwater Horizon oil spill under                 to inform the public that the Louisiana
                                                    involvement in the Phase 2 Draft                        the Oil Pollution Act 1990 (OPA; 33                   TIG Trustees intend to prepare a
                                                    Restoration Plan process in accordance                  U.S.C. 2701 et seq.). Pursuant to OPA,                Strategic Restoration Plan for Barataria
                                                    with applicable Federal regulations and                 Federal and State agencies act as                     Basin pursuant to the PDARP/PEIS and
                                                    consistent with the PDARP/PEIS.                         trustees on behalf of the public to assess
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                                  OPA. The Trustees intend to consider
                                                    DATES: The date, time, and location of                  natural resource injuries and losses and              the use of wetlands, coastal and
                                                    the formal public comment portion of                    to determine the actions required to                  nearshore habitat projects or suites of
                                                    this scoping period for the USACE EIS                   compensate the public for those injuries              projects from the Draft 2017 CMP as the
                                                    are yet to be determined. This                          and losses. OPA further instructs the                 basis for that Strategic Restoration Plan.
                                                    information will be made available to                   designated trustees to develop and                    Those Draft 2017 CMP projects will be
                                                    the public on the DWH Trustees’                         implement a plan for the restoration,
                                                    Louisiana TIG Web page, (http://                        rehabilitation, replacement, or                         1 https://www.justice.gov/enrd/file/838066/

                                                    www.gulfspillrestoration.noaa.gov/                      acquisition of the equivalent of the                  download.



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                                                                                     Federal Register / Vol. 82, No. 81 / Friday, April 28, 2017 / Notices                                                19661

                                                    evaluated under applicable authorities                  began this restoration planning effort on             Mid-Barataria Sediment Diversion
                                                    in comparison to other feasible                         March 28, 2017, by requesting project                 project as the Trustees work with the
                                                    alternatives for restoring wetland,                     ideas from the public. At that time, the              USACE to prepare an EIS that supports
                                                    coastal and nearshore habitat and                       Louisiana TIG requested project ideas                 both the USACE regulatory decisions
                                                    services injured by the Deepwater                       that could benefit wetlands, coastal, and             and OPA restoration planning decisions.
                                                    Horizon oil spill.                                      nearshore habitats in the Barataria                   The Louisiana TIG Trustees will
                                                       The PDARP/PEIS provides TIGs the                     Basin, the estuary most heavily                       additionally seek formal public
                                                    option to prepare strategic restoration                 impacted by the DWH oil spill. That                   involvement in the Phase 2 Draft
                                                    plans ‘‘to focus and sequence priorities                notice was published on the Louisiana                 Restoration Plan process in accordance
                                                    within a Restoration Area’’ and to                      TIG Web site: (http://                                with applicable federal regulations and
                                                    ‘‘consider resources at the ecosystem                   www.gulfspillrestoration.noaa.gov/                    consistent with the PDARP/PEIS.
                                                    level, while implementing restoration at                restoration-areas/louisiana).
                                                    the local level.’’ (PDARP Section 7.3.1).                 The Mid-Barataria Sediment                          Administrative Record
                                                    In addition, the NRDA implementing                      Diversion, a large-scale sediment                       The documents included in the
                                                    regulations specifically allow trustees to              diversion, is one of the projects                     Administrative Record can be viewed
                                                    consider the use of existing projects (15               proposed in the Draft 2017 CMP. While                 electronically at the following location:
                                                    CFR 990.56), such as those identified in                the Louisiana TIG Trustees have not yet               http://www.doi.gov/deepwaterhorizon/
                                                    the draft 2017 CMP. The Louisiana TIG                   decided to move forward with a                        adminrecord.
                                                    is proposing that this Strategic                        restoration plan for a Mid-Barataria                    The Trustees opened a publicly
                                                    Restoration Plan will focus on wetland,                 Sediment Diversion, the project                       available Administrative Record for the
                                                    coastal, and nearshore habitat                          currently is undergoing engineering and               NRDA for the Deepwater Horizon oil
                                                    restoration type projects in the Barataria              design and supplemental scoping for                   spill, including restoration planning
                                                    Basin restoration area because the                      preparation of an EIS, led by the USACE               activities, concurrently with publication
                                                    PDARP/PEIS found that Barataria Basin                   based on permit applications submitted                of the 2011 Notice of Intent (NOI) to
                                                    experienced some of the heaviest and                    by the Louisiana Coastal Protection and               Begin Restoration Scoping and Prepare
                                                    persistent oiling from the DWH spill                    Restoration Authority pursuant to the                 a Gulf Spill Restoration Planning PEIS
                                                    and because the Basin supports very                     provisions of section 404 of the Clean                (pursuant to 15 CFR 990.45). The
                                                    high primary and secondary production                   Water Act, section 10 of the Rivers and               Administrative Record includes the
                                                    that contributes to the overall health of               Harbors Appropriation Act of 1899, and                relevant administrative records since its
                                                    the northern Gulf of Mexico ecosystem.                  section 14 of the Rivers and Harbors                  date of inception. This Administrative
                                                       The Louisiana TIG anticipates that the               Appropriation Act of 1899, as amended.                Record is actively maintained and
                                                    Strategic Restoration Plan for Barataria                To facilitate the potential consideration             available for public review.
                                                    Basin will select for further funding and               of this project under OPA, it is the
                                                    development most, if not all, of the                    intent of the state and Federal Louisiana             Authority
                                                    remaining projects applicable under the                 TIG Trustees to assist the USACE in the                 The authority of this action is the Oil
                                                    ‘‘Wetlands, Coastal, and Nearshore                      preparation of the EIS for the Mid-                   Pollution Act of 1990 (33 U.S.C. 2701 et
                                                    Habitats’’ Restoration Type to be                       Barataria Sediment Diversion. In                      seq.) and the implementing NRDA
                                                    implemented in the Barataria Basin by                   addition, the Federal Louisiana TIG                   regulations found at 15 CFR part 990
                                                    the Louisiana TIG under the PDARP/                      Trustees are cooperating agencies with                and NEPA (42 U.S.C. 4321 et seq.).
                                                    PEIS. Developing such a strategic plan                  the USACE for the preparation of that
                                                    for much of Barataria Basin restoration                                                                         Dated: April 21, 2017.
                                                                                                            EIS. In a coordinated Federal Register
                                                    for this Restoration Type will allow the                notice, the USACE is issuing a                        Carrie Selberg,
                                                    Louisiana TIG to identify a suite of                    supplemental Notice of Intent regarding               Deputy Director, Office of Habitat
                                                    projects that, taken together, best                     the scope of the EIS for the project,                 Conservation, National Marine Fisheries
                                                    achieve the ‘‘integrated ecosystem                      including the potential for the EIS to                Service.
                                                    restoration’’ called for in Chapter 5 of                inform a NRDA decision on restoration                 [FR Doc. 2017–08591 Filed 4–27–17; 8:45 am]
                                                    the PDARP/PEIS. A decision in the                       planning in which case the Louisiana                  BILLING CODE 3510–22–P
                                                    strategic plan to fund further                          TIG Trustees would adopt the EIS for
                                                    development of projects will not be a                   such purposes. The Louisiana TIG is
                                                    final decision by the Louisiana TIG to                  seeking to facilitate public involvement              COMMITTEE FOR PURCHASE FROM
                                                    proceed with implementation of those                    regarding the EIS, and encourages                     PEOPLE WHO ARE BLIND OR
                                                    projects. Information about the                         interested person and entities to submit              SEVERELY DISABLED
                                                    ‘‘Wetlands, Coastal, and Nearshore                      comments in response to the USACE
                                                    Habitats’’ Restoration Type as well as                  EIS process regarding the Mid-Barataria               Procurement List; Deletion
                                                    the OPA criteria against which projects                 Sediment Diversion.
                                                    will be evaluated can be found in the                                                                         AGENCY: Committee for Purchase From
                                                    PDARP/PEIS.                                             Next Steps                                            People Who Are Blind or Severely
                                                       The second action taken in this Notice                 With regard to the Phase 1 Plan, the                Disabled.
                                                    is to inform the public of the Louisiana                Louisiana TIG Trustees will proceed                   ACTION: Deletion from the Procurement
                                                    TIG Trustees’ initiation of restoration                 with consideration of whether a                       List.
                                                    planning, which will include the                        combination of projects in the Draft
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    preparation of a restoration plan (the                                                                        SUMMARY:  This action deletes a product
                                                                                                            2017 CMP provides a basis for a
                                                    Phase 2 Plan) that evaluates the Mid-                                                                         from the Procurement List previously
                                                                                                            Strategic Restoration Plan for Barataria
                                                    Barataria Sediment Diversion project as                                                                       furnished by a nonprofit agency
                                                                                                            Basin.
                                                    a means of restoring injured wetland,                     With regard to the potential Phase 2                employing persons who are blind or
                                                    coastal and nearshore resources and                     Plan, the Louisiana TIG Trustees will                 have other severe disabilities.
                                                    services in Barataria Basin to restore for              review all public input received as part              DATES: Effective May 28, 2017.
                                                    injuries resulting from the Deepwater                   of the USACE’s scoping process for the                ADDRESSES: Committee for Purchase
                                                    Horizon oil spill. The Louisiana TIG                    preparation of an EIS for the proposed                From People Who Are Blind or Severely


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Document Created: 2017-04-28 03:02:33
Document Modified: 2017-04-28 03:02:33
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of intent to prepare a Strategic Restoration Plan for Barataria Basin, Louisiana, and to initiate restoration planning with regard to the Mid-Barataria Sediment Diversion.
DatesThe date, time, and location of the formal public comment portion of this scoping period for the USACE EIS are yet to be determined. This information will be made available to the public on the DWH Trustees' Louisiana TIG Web page, (http:// www.gulfspillrestoration.noaa.gov/restoration-areas/louisiana), the USACE-MVN's Web page (http://www.mvn.usace.army.mil/Missions/ Regulatory/Permits/Mid-Barataria-Sediment-Diversion-EIS/), and via a future Federal Register notice. The Louisiana TIG Trustees will additionally seek formal public involvement in the Phase 2 Draft Restoration Planning process in accordance with applicable federal regulations and consistent with the PDARP/PEIS. The date, time, and location of the formal public involvement period for the Phase 2 Restoration Plan process are yet to be determined. This information will be made available to the public via a future Federal Register notice and on the DWH Trustees' Louisiana TIG Web page, (http:// www.gulfspillrestoration.noaa.gov/restoration-areas/louisiana).
Contact<bullet> NOAA: Mel Landry, [email protected]
FR Citation82 FR 19659 
RIN Number0648-XE20

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