83_FR_50876 83 FR 50681 - Deepwater Horizon Oil Spill Draft Restoration Plan 1 and Environmental Assessment; Open Ocean Trustee Implementation Group

83 FR 50681 - Deepwater Horizon Oil Spill Draft Restoration Plan 1 and Environmental Assessment; Open Ocean Trustee Implementation Group

DEPARTMENT OF THE INTERIOR

Federal Register Volume 83, Issue 195 (October 9, 2018)

Page Range50681-50682
FR Document2018-21602

In accordance with the Oil Pollution Act, the National Environmental Policy Act, Deepwater Horizon Oil Spill Final Programmatic Damage Assessment and Restoration Plan and Final Programmatic Environmental Impact Statement, and the resulting Consent Decree, we, the Federal natural resource trustee agencies for the Open Ocean Trustee Implementation Group, have prepared a Draft Restoration Plan 1 and Environmental Assessment (Draft RP1/EA). The Draft RP1/EA proposes three preferred alternatives for the Bird and Sturgeon restoration types, and is intended to continue the process of restoring natural resources and services injured or lost as a result of the Deepwater Horizon oil spill, which occurred on or about April 20, 2010, in the Gulf of Mexico.

Federal Register, Volume 83 Issue 195 (Tuesday, October 9, 2018) 
[Federal Register Volume 83, Number 195 (Tuesday, October 9, 2018)]
[Notices]
[Pages 50681-50682]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21602]


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

DEPARTMENT OF THE INTERIOR

[FWS-R4-ES-2018-N110; FVHC98220410150-XXX-FF04G01000]


Deepwater Horizon Oil Spill Draft Restoration Plan 1 and 
Environmental Assessment; Open Ocean Trustee Implementation Group

AGENCY: Department of the Interior.

ACTION: Notice of availability; request for comments.

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

SUMMARY: In accordance with the Oil Pollution Act, the National 
Environmental Policy Act, Deepwater Horizon Oil Spill Final 
Programmatic Damage Assessment and Restoration Plan and Final 
Programmatic Environmental Impact Statement, and the resulting Consent 
Decree, we, the Federal natural resource trustee agencies for the Open 
Ocean Trustee Implementation Group, have prepared a Draft Restoration 
Plan 1 and Environmental Assessment (Draft RP1/EA). The Draft RP1/EA 
proposes three preferred alternatives for the Bird and Sturgeon 
restoration types, and is intended to continue the process of restoring 
natural resources and services injured or lost as a result of the 
Deepwater Horizon oil spill, which occurred on or about April 20, 2010, 
in the Gulf of Mexico.

DATES: Submitting Comments: We will consider public comments received 
on or before November 9, 2018.
    Public Webinars: We will conduct two webinars to present and 
facilitate the public review and comment process for the Draft RP1/EA. 
Comments will not be taken through the public webinars. Comments will 
be taken only through submission online or via U.S. mail (see 
ADDRESSES). The public webinars are scheduled as follows:

------------------------------------------------------------------------
             Date                      Time        Webinar link location
------------------------------------------------------------------------
October 16, 2018..............  12 p.m. central    http://
                                 time.              www.gulfspillrestora
                                                    tion.noaa.gov/
                                                    restoration-areas/
                                                    open-ocean.
October 17, 2018..............  6 p.m. central     http://
                                 time.              www.gulfspillrestora
                                                    tion.noaa.gov/
                                                    restoration-areas/
                                                    open-ocean.
------------------------------------------------------------------------


ADDRESSES: Obtaining Documents: You may download the Draft RP1/EA from 
either of the following websites:
     http://www.gulfspillrestoration.noaa.gov
     http://www.doi.gov/deepwaterhorizon
    Alternatively, you may request a CD of the Draft RP1/EA (see FOR 
FURTHER INFORMATION CONTACT).
    Submitting Comments: You may submit comments on the Draft RP1/EA by 
one of the following methods:
     Via the Web: http://www.gulfspillrestoration.noaa.gov.
     Via U.S. Mail: U.S. Fish and Wildlife Service, P.O. Box 
49567, Atlanta, GA 30345. In order to be considered, mailed comments 
must be postmarked on or before the comment deadline given in DATES.
    For more information, see Public Availability of Comments under 
SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Nanciann Regalado, via email at 
[email protected], via telephone at 404-679-4161, or via the 
Federal Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: 

Introduction

    On or about April 20, 2010, the mobile offshore drilling unit 
Deepwater Horizon, which was being used to drill a well for BP 
Exploration and Production, Inc. (BP), in the Macondo prospect 
(Mississippi Canyon 252-MC252), experienced a significant explosion, 
fire, and subsequent sinking in the Gulf of Mexico, resulting in an 
unprecedented volume of oil and other discharges from the rig and from 
the wellhead on the seabed. The Deepwater Horizon oil spill is the 
largest offshore oil spill in U.S. history, discharging millions of 
barrels of oil over a period of 87 days. In addition, well over 1 
million gallons of dispersants were applied to the waters of the spill 
area in an attempt to disperse the spilled oil. An undetermined amount 
of natural gas was also released into the environment as a result of 
the spill.
    The Trustees conducted the natural resource damage assessment 
(NRDA) for the Deepwater Horizon oil spill under

[[Page 50682]]

the Oil Pollution Act of 1990 (OPA; 33 U.S.C. 2701 et seq.). Pursuant 
to the 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. The 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 and services from those 
resources from the time of injury until the time of restoration to 
baseline (the resource quality and conditions that would exist if the 
spill had not occurred) is complete.
    The Deepwater Horizon Trustees are:
     U.S. Department of the Interior (DOI), as represented by 
the National Park Service, U.S. Fish and Wildlife Service, and Bureau 
of Land Management;
     National Oceanic and Atmospheric Administration (NOAA), on 
behalf of the U.S. Department of Commerce;
     U.S. Department of Agriculture (USDA);
     U.S. Environmental Protection Agency (EPA);
     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
     State of Texas: Texas Parks and Wildlife Department, Texas 
General Land Office, and Texas Commission on Environmental Quality.
    The Trustees reached and finalized a settlement of their natural 
resource damage claims with BP in an April 4, 2016, Consent Decree 
approved by the U.S. District Court for the Eastern District of 
Louisiana. Pursuant to that Consent Decree, restoration projects in the 
Open Ocean Restoration Area are now selected and implemented by the 
Open Ocean TIG. The Open Ocean TIG is composed of four federal 
Trustees: DOI, NOAA, EPA, and USDA.

Background

    On March 31, 2017, the Open Ocean TIG posted a public notice at 
http://www.gulfspillrestoration.noaa.gov, requesting new or revised 
natural resource restoration project ideas by May 15, 2017, for the 
Open Ocean Restoration Area for the 2017-20 planning years. The notice 
stated that the Open Ocean TIG was seeking project ideas for the 
following Restoration Types: (1) Birds; (2) Sturgeon; (3) Sea Turtles; 
(4) Marine Mammals; (5) Fish and Water Column Invertebrates; and (6) 
Mesophotic and Deep Benthic Communities.
    On February 7, 2018, the Open Ocean TIG announced that it had 
initiated drafting of its first and second post settlement draft 
restoration plans; and that the first plan would include restoration 
projects for Birds and Sturgeon, while the second plan would include 
restoration projects for Sea Turtles, Marine Mammals, Fish and Water 
Column Invertebrates, and Mesophotic and Deep Benthic Communities.

Overview of the Open Ocean TIG Draft RP1/EA

    The Draft RP1/EA is being released in accordance with the OPA, NRDA 
regulations found in the Code of Federal Regulations (CFR) at 15 CFR 
part 990, NEPA, the Consent Decree, and the Final PDARP/PEIS.
    In the Draft RP1/EA, the Open Ocean TIG proposes three preferred 
alternatives from the Bird and Sturgeon restoration types, at an 
estimated total cost of $16,000,000. The preferred alternatives include 
restoration of common loons in Minnesota through conservation easements 
or fee title acquisitions of loon nesting habitat, breeding habitat 
enhancements, and reduction in exposure to lead-based fishing tackle; 
restoration of black terns in the prairie pothole region of North 
Dakota and South Dakota through conservation easements of black tern 
nesting habitat; and characterizing Gulf sturgeon spawning habitat, 
habitat use, and origins of juvenile sturgeon in the Pearl and 
Pascagoula River Systems in Louisiana and Mississippi. The Open Ocean 
TIG also analyzes three additional alternatives, as well as the no-
action alternative in the Draft RP1/EA. One or more alternatives may be 
selected for implementation by the Open Ocean TIG in the Final RP1/EA 
or in future restoration plans.
    The proposed alternatives are intended to continue the process of 
using Deepwater Horizon restoration funding to restore natural 
resources injured or lost as a result of the Deepwater Horizon oil 
spill. Additional restoration planning for the Open Ocean Restoration 
Area will continue.

Next Steps

    As described above, two public webinars are scheduled to facilitate 
the public review and comment process on the Draft RP1/EA. After the 
public comment period ends, the Open Ocean TIG will consider and 
address the comments received before issuing a final RP1/EA.

Public Availability of Comments

    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. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

Administrative Record

    The documents comprising the Administrative Record for the Draft 
RP1/EA can be viewed electronically at http://www.doi.gov/deepwaterhorizon/administrativerecord.

Authority

    The authority for this action is the Oil Pollution Act of 1990 (33 
U.S.C. 2701 et seq.), its implementing Natural Resource Damage 
Assessment regulations found at 15 CFR part 990, and the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

Kevin D. Reynolds,
Assistant Regional Director--Gulf Restoration, FWS; Department of the 
Interior Natural Resource Trustee Official for the Open Ocean Trustee 
Implementation Group.
[FR Doc. 2018-21602 Filed 10-5-18; 8:45 am]
 BILLING CODE 4333-15-P

Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Notices 50681 Wildlife Refuge and Charlotte Harbor; personal identifying information—may ACTION:Notice of availability; request and projects that Provide and Enhance be made publicly available at any time. for comments. Recreation Opportunities in Perdido While you can ask us in your comment River, Carpenter Creek, Gulf Islands to withhold your personal identifying SUMMARY: In accordance with the Oil National Seashore (FL), Joe’s Bayou, St. information from public review, we Pollution Act, the National Marks National Wildlife Refuge and the cannot guarantee that we will be able to Environmental Policy Act, Deepwater following State parks: Topsail Hill, do so. Horizon Oil Spill Final Programmatic Camp Helen, St. Andrews State Park, Damage Assessment and Restoration Administrative Record and T.H. Stone Memorial St. Joseph The documents comprising the Plan and Final Programmatic Peninsula. In compliance with NEPA, an Administrative Record for the Draft Environmental Impact Statement, and environmental assessment is integrated RP1/EA can be viewed electronically at the resulting Consent Decree, we, the into the plan. The FL TIG also analyzes https://www.doi.gov/deepwaterhorizon/ Federal natural resource trustee eight additional alternatives, as well as adminrecord. agencies for the Open Ocean Trustee no action. One or more alternatives may Implementation Group, have prepared a Authority Draft Restoration Plan 1 and be selected for implementation by the FL TIG in the Final RP1/EA or in future The authority for this action is the Oil Environmental Assessment (Draft RP1/ restoration plans. Pollution Act of 1990 (33 U.S.C. 2701 et EA). The Draft RP1/EA proposes three The proposed alternatives are seq.) and its implementing Natural preferred alternatives for the Bird and intended to continue the process of Resource Damage Assessment Sturgeon restoration types, and is using DWH restoration funding to regulations found at 15 CFR part 990, intended to continue the process of restore natural resources injured or lost and the National Environmental Policy restoring natural resources and services as a result of the Deepwater Horizon oil Act of 1969, as amended (42 U.S.C. 4321 injured or lost as a result of the spill. Additional restoration planning et seq.). Deepwater Horizon oil spill, which for the FL Restoration Area will Kevin D. Reynolds, occurred on or about April 20, 2010, in continue. Assistant Regional Director—Gulf the Gulf of Mexico. Next Steps Restoration, FWS; Department of the Interior Natural Resource Trustee Official for the DATES: Submitting Comments: We will As described above, one public open Florida Trustee Implementation Group. consider public comments received on house/meeting and one public webinar [FR Doc. 2018–21601 Filed 10–5–18; 8:45 am] or before November 9, 2018. are scheduled to facilitate the public BILLING CODE 4333–15–P Public Webinars: We will conduct two review and comment process on the webinars to present and facilitate the Draft RP1/EA. After the public comment public review and comment process for period ends, the FL TIG will consider DEPARTMENT OF THE INTERIOR the Draft RP1/EA. Comments will not be and address the comments received before issuing the Final RP1/EA. [FWS–R4–ES–2018–N110; taken through the public webinars. FVHC98220410150–XXX–FF04G01000] Comments will be taken only through Public Availability of Comments submission online or via U.S. mail (see Deepwater Horizon Oil Spill Draft ADDRESSES). The public webinars are Before including your address, phone Restoration Plan 1 and Environmental number, email address, or other scheduled as follows: Assessment; Open Ocean Trustee personal identifying information in your Implementation Group comment, you should be aware that your entire comment—including your AGENCY: Department of the Interior. Date Time Webinar link location October 16, 2018 ............................ 12 p.m. central time ....................... http://www.gulfspillrestoration.noaa.gov/restoration-areas/open-ocean. October 17, 2018 ............................ 6 p.m. central time ......................... http://www.gulfspillrestoration.noaa.gov/restoration-areas/open-ocean. ADDRESSES: Obtaining Documents: You postmarked on or before the comment MC252), experienced a significant may download the Draft RP1/EA from deadline given in DATES. explosion, fire, and subsequent sinking either of the following websites: For more information, see Public in the Gulf of Mexico, resulting in an • http:// Availability of Comments under unprecedented volume of oil and other www.gulfspillrestoration.noaa.gov SUPPLEMENTARY INFORMATION. discharges from the rig and from the • http://www.doi.gov/ FOR FURTHER INFORMATION CONTACT: wellhead on the seabed. The Deepwater deepwaterhorizon Nanciann Regalado, via email at Horizon oil spill is the largest offshore Alternatively, you may request a CD nanciann_regalado@fws.gov, via oil spill in U.S. history, discharging of the Draft RP1/EA (see FOR FURTHER telephone at 404–679–4161, or via the millions of barrels of oil over a period INFORMATION CONTACT). Federal Relay Service at 800–877–8339. of 87 days. In addition, well over 1 Submitting Comments: You may SUPPLEMENTARY INFORMATION: million gallons of dispersants were submit comments on the Draft RP1/EA applied to the waters of the spill area in amozie on DSK3GDR082PROD with NOTICES1 by one of the following methods: Introduction an attempt to disperse the spilled oil. • Via the Web: http:// On or about April 20, 2010, the An undetermined amount of natural gas www.gulfspillrestoration.noaa.gov. mobile offshore drilling unit Deepwater was also released into the environment • Via U.S. Mail: U.S. Fish and Horizon, which was being used to drill as a result of the spill. Wildlife Service, P.O. Box 49567, a well for BP Exploration and The Trustees conducted the natural Atlanta, GA 30345. In order to be Production, Inc. (BP), in the Macondo resource damage assessment (NRDA) for considered, mailed comments must be prospect (Mississippi Canyon 252– the Deepwater Horizon oil spill under VerDate Sep<11>2014 19:13 Oct 05, 2018 Jkt 247001 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\09OCN1.SGM 09OCN1

50682 Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Notices the Oil Pollution Act of 1990 (OPA; 33 resource restoration project ideas by Next Steps U.S.C. 2701 et seq.). Pursuant to the May 15, 2017, for the Open Ocean As described above, two public OPA, Federal and State agencies act as Restoration Area for the 2017–20 webinars are scheduled to facilitate the trustees on behalf of the public to assess planning years. The notice stated that public review and comment process on natural resource injuries and losses and the Open Ocean TIG was seeking project the Draft RP1/EA. After the public to determine the actions required to ideas for the following Restoration comment period ends, the Open Ocean compensate the public for those injuries Types: (1) Birds; (2) Sturgeon; (3) Sea TIG will consider and address the and losses. The OPA further instructs Turtles; (4) Marine Mammals; (5) Fish comments received before issuing a the designated trustees to develop and and Water Column Invertebrates; and (6) final RP1/EA. implement a plan for the restoration, Mesophotic and Deep Benthic rehabilitation, replacement, or Communities. Public Availability of Comments acquisition of the equivalent of the On February 7, 2018, the Open Ocean Before including your address, phone injured natural resources under their TIG announced that it had initiated number, email address, or other trusteeship, including the loss of use of drafting of its first and second post personal identifying information in your and services from those resources from settlement draft restoration plans; and comment, you should be aware that the time of injury until the time of that the first plan would include your entire comment—including your restoration to baseline (the resource restoration projects for Birds and personal identifying information—may quality and conditions that would exist Sturgeon, while the second plan would be made publicly available at any time. if the spill had not occurred) is include restoration projects for Sea While you can ask us in your comment complete. Turtles, Marine Mammals, Fish and to withhold your personal identifying The Deepwater Horizon Trustees are: Water Column Invertebrates, and information from public review, we • U.S. Department of the Interior Mesophotic and Deep Benthic cannot guarantee that we will be able to (DOI), as represented by the National Communities. do so. Park Service, U.S. Fish and Wildlife Service, and Bureau of Land Overview of the Open Ocean TIG Draft Administrative Record Management; RP1/EA The documents comprising the • National Oceanic and Atmospheric Administrative Record for the Draft Administration (NOAA), on behalf of The Draft RP1/EA is being released in RP1/EA can be viewed electronically at the U.S. Department of Commerce; accordance with the OPA, NRDA http://www.doi.gov/deepwaterhorizon/ • U.S. Department of Agriculture regulations found in the Code of Federal administrativerecord. (USDA); Regulations (CFR) at 15 CFR part 990, • U.S. Environmental Protection NEPA, the Consent Decree, and the Authority Agency (EPA); Final PDARP/PEIS. The authority for this action is the Oil • State of Louisiana Coastal In the Draft RP1/EA, the Open Ocean Pollution Act of 1990 (33 U.S.C. 2701 et Protection and Restoration Authority, TIG proposes three preferred seq.), its implementing Natural Resource Oil Spill Coordinator’s Office, alternatives from the Bird and Sturgeon Damage Assessment regulations found Department of Environmental Quality, restoration types, at an estimated total at 15 CFR part 990, and the National Department of Wildlife and Fisheries, cost of $16,000,000. The preferred Environmental Policy Act of 1969 (42 and Department of Natural Resources; alternatives include restoration of U.S.C. 4321 et seq.). • State of Mississippi Department of common loons in Minnesota through Environmental Quality; Kevin D. Reynolds, conservation easements or fee title • State of Alabama Department of acquisitions of loon nesting habitat, Assistant Regional Director—Gulf Conservation and Natural Resources and Restoration, FWS; Department of the Interior breeding habitat enhancements, and Natural Resource Trustee Official for the Geological Survey of Alabama; reduction in exposure to lead-based Open Ocean Trustee Implementation Group. • State of Florida Department of fishing tackle; restoration of black terns Environmental Protection and Fish and [FR Doc. 2018–21602 Filed 10–5–18; 8:45 am] in the prairie pothole region of North Wildlife Conservation Commission; and Dakota and South Dakota through BILLING CODE 4333–15–P • State of Texas: Texas Parks and conservation easements of black tern Wildlife Department, Texas General nesting habitat; and characterizing Gulf DEPARTMENT OF THE INTERIOR Land Office, and Texas Commission on sturgeon spawning habitat, habitat use, Environmental Quality. and origins of juvenile sturgeon in the Office of the Secretary The Trustees reached and finalized a Pearl and Pascagoula River Systems in settlement of their natural resource [DOI–2018–0008; 18XD4523WS, Louisiana and Mississippi. The Open DS64900000, DWSN00000.000000, damage claims with BP in an April 4, Ocean TIG also analyzes three DP.64916] 2016, Consent Decree approved by the additional alternatives, as well as the U.S. District Court for the Eastern no-action alternative in the Draft RP1/ Privacy Act of 1974; System of District of Louisiana. Pursuant to that EA. One or more alternatives may be Records Consent Decree, restoration projects in selected for implementation by the the Open Ocean Restoration Area are AGENCY: Office of the Secretary, Interior. Open Ocean TIG in the Final RP1/EA or now selected and implemented by the ACTION: Notice of a modified system of in future restoration plans. Open Ocean TIG. The Open Ocean TIG records. is composed of four federal Trustees: The proposed alternatives are amozie on DSK3GDR082PROD with NOTICES1 DOI, NOAA, EPA, and USDA. intended to continue the process of SUMMARY: Pursuant to the provisions of using Deepwater Horizon restoration the Privacy Act of 1974, as amended, Background funding to restore natural resources the Department of the Interior proposes On March 31, 2017, the Open Ocean injured or lost as a result of the to modify the Department of the Interior TIG posted a public notice at http:// Deepwater Horizon oil spill. Additional ‘‘DOI–16, DOI LEARN (Department- www.gulfspillrestoration.noaa.gov, restoration planning for the Open Ocean wide Learning Management System)’’ requesting new or revised natural Restoration Area will continue. system of records notice. This system of VerDate Sep<11>2014 19:13 Oct 05, 2018 Jkt 247001 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\09OCN1.SGM 09OCN1


Document Created: 2018-10-06 00:59:24
Document Modified: 2018-10-06 00:59:24
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 availability; request for comments.
DatesSubmitting Comments: We will consider public comments received on or before November 9, 2018.
ContactNanciann Regalado, via email at [email protected], via telephone at 404-679-4161, or via the Federal Relay Service at 800-877-8339.
FR Citation83 FR 50681 
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR