[Federal Register Volume 84, Number 239 (Thursday, December 12, 2019)]
[Notices]
[Pages 67929-67931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26745]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XG958]
Notice of Availability of the Deepwater Horizon Oil Spill Open
Ocean Trustee Implementation Group Final Restoration Plan 2 and
Environmental Assessment: Fish, Sea Turtles, Marine Mammals, and
Mesophotic and Deep Benthic Communities and Finding of No Significant
Impact
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Department of Commerce.
ACTION: Notice of availability.
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SUMMARY: In accordance with the Oil Pollution Act of 1990 (OPA), the
National Environmental Policy Act (NEPA), and a Consent Decree with BP
Exploration & Production Inc. (BP),\1\ the Deepwater Horizon Federal
natural resource trustee agencies for the Open Ocean Trustee
Implementation Group (Open Ocean TIG) have prepared a Draft Restoration
Plan 2 and Environmental Assessment (Draft RP/EA). The Draft RP/EA
describes and proposes restoration project alternatives considered by
the Open Ocean TIG to restore natural resources and ecological services
injured or lost as a result of the Deepwater Horizon oil spill. The
Open Ocean TIG evaluated these alternatives under criteria set forth in
the OPA natural resource damage assessment regulations, and also
evaluated the environmental consequences of the restoration
alternatives in accordance with NEPA. The proposed projects are
consistent with the restoration alternatives selected in the Deepwater
Horizon Oil Spill: Final Programmatic Damage Assessment and Restoration
Plan/Programmatic Environmental Impact Statement (PDARP/PEIS). The
purpose of this notice is to inform the public of the availability of
the Final RP II/EA and Finding of No Significant Impact (FONSI).
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\1\ Consent Decree among Defendant BP Exploration & Production
Inc., the United States of America, and the States of Alabama,
Florida, Louisiana, Mississippi, and Texas entered in ``In re: Oil
Spill by the Oil Rig ``Deepwater Horizon'' in the Gulf of Mexico, on
April 20, 2010,'' MDL No. 2179 in the United States District Court
for the Eastern District of Louisiana.
ADDRESSES: Obtaining Documents: You may download the Final RP/EA and
FONSI at: http://www.gulfspillrestoration.noaa.gov/restoration-areas/
open-ocean. Alternatively, you may request a CD of the Final RP/EA and
FONSI (see FOR FURTHER INFORMATION CONTACT below). In addition, you may
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view the document at any of the public facilities listed in Appendix G.
FOR FURTHER INFORMATION CONTACT: National Oceanic and Atmospheric
Administration--Laurie Rounds, [email protected], (850) 934-9284.
SUPPLEMENTARY INFORMATION:
Introduction
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), 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 off shore oil
spill in U.S. history, discharging millions of barrels of oil over a
period of 87 days. In addition, well over one
[[Page 67930]]
million gallons of dispersants were applied to the waters of the spill
area in an attempt to disperse the spilled oil. An undetermined amount
of natural gas was also released into the environment as a result of
the spill.
The Deepwater Horizon Federal and State natural resource trustees
(DWH Trustees) conducted the natural resource damage assessment (NRDA)
for the Deepwater Horizon oil spill under OPA (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.
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 United States 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 the following Federal
Trustees: NOAA; DOI; EPA; and USDA.
This restoration planning activity is proceeding in accordance with
the PDARP/PEIS. Information on the Restoration Types evaluated in the
Final RP/EA, as well as the OPA criteria against which project ideas
are being evaluated, can be viewed 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).
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. 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, noticed here,
would include restoration projects for Sea Turtles, Marine Mammals,
Fish and Water Column Invertebrates, and Mesophotic and Deep Benthic
Communities.
Notice of availability of the Draft RP/EA was published in the
Federal Register on May 15, 2019 (84 FR 21753). The Draft RP II/EA
provided the Open Ocean TIG's analysis of alternatives which would meet
the Trustees' goals to restore and conserve Sea Turtles; Marine
Mammals; Fish and Water Column Invertebrates; and Mesophotic and Deep
Benthic Communities under both OPA and NEPA and identified the
alternatives that were proposed as preferred for implementation. The
Open Ocean TIG provided the public with 79 days to review and comment
on the Final RP/EA. The Open Ocean TIG also held a public meeting in
Pensacola, FL and held two public webinars to facilitate public
understanding of the document and provide opportunity for public
comment. The Open Ocean TIG actively solicited public input through a
variety of mechanisms, including convening a public meeting,
distributing electronic communications, and using the Trustee-wide
public website and database to share information and receive public
input. The Open Ocean TIG considered the public comments received,
which informed the Open Ocean TIG's analysis of alternatives in the
Final RP/EA. A summary of the public comments received and the Open
Ocean TIG's responses to those comments are addressed in Chapter 5 of
the Final RP/EA and all correspondence received are provided in the DWH
Administrative Record.
Overview of the Open Ocean TIG Final RP/EA
The Final RP/EA is being released in accordance with OPA NRDA
regulations in the Code of Federal Regulations (CFR) at 15 CFR part
990, NEPA (42 U.S.C. 4321 et seq.), the Consent Decree, and the Final
PDARP/PEIS.
In the Final RP/EA, the Open Ocean TIG selected the following 18
restoration projects from the following restoration types: Fish and
Water Column Invertebrates, Sea Turtles, Marine Mammals, and Mesophotic
and Deep Benthic Communities:
Fish and Water Column Invertebrates
Reduction of Post-Release Mortality from Barotrauma in
Gulf of Mexico Reef Fish Recreational Fisheries--Preferred,
$30,011,000.
Better Bycatch Reduction Devices for the Gulf of Mexico
Commercial Shrimp Trawl Fishery--Preferred, $17,171,000.
Communication Networks and Mapping Tools to Reduce
Bycatch--Phase 1--Preferred, $4,416,000.
Restoring for Bluefin Tuna via Fishing Depth
Optimization--Preferred, $6,175,000.
Sea Turtles
Gulf of Mexico Sea Turtle Atlas--Preferred, $5,700,000.
Identifying Methods to Reduce Sea Turtle Bycatch in the
Reef Fish Bottom Longline Fishery--Preferred, $290,000.
Developing a Gulf-wide Comprehensive Plan for In-Water Sea
Turtle Data Collection--Preferred, $655,000.
Developing Methods to Observe Sea Turtle Interactions in
the Gulf of Mexico Menhaden Purse Seine Fishery--Preferred, $3,000,000.
Reducing Juvenile Sea Turtle Bycatch Through Development
of Reduced Bar Spacing in Turtle Excluder Devices--Preferred,
$2,249,000.
Long-term Nesting Beach Habitat Protection for Sea
Turtles--Preferred, $7,000,000.
[[Page 67931]]
Marine Mammals
Reducing Impacts to Cetaceans During Disasters by
Improving Response Activities--Preferred, $4,287,000.
Compilation of Environmental, Threats, and Animal data for
Cetacean Population Health Analyses--Preferred, $5,808,500.
Reduce Impacts of Anthropogenic Noise on Cetaceans--
Preferred, $8,992,200.
Reduce and Mitigate Vessel Strike Mortality of Cetaceans--
Preferred, $3,834,000.
Mesophotic and Deep Benthic Communities
Mapping, Ground-Truthing, and Predictive Habitat
Modeling--Preferred, $35,909,000.
Habitat Assessment and Evaluation--Preferred, $52,639,000.
Coral Propagation Technique Development--Preferred,
$16,951,000.
Active Management and Protection--Preferred, $20,689,000.
The Open Ocean TIG also analyzed five additional non-preferred
alternatives, as well as a No Action alternative. None of these
alternatives were selected at this time. One or more alternatives may
be selected for implementation by the Open Ocean TIG in the Final RP/EA
or in future restoration plans.
The Open Ocean TIG has examined the injuries assessed by the DWH
Trustees and evaluated restoration alternatives to address the
injuries. In the Final RP/EA, the Open Ocean TIG presents to the public
its final plan for providing partial compensation to the public for
injured natural resources and ecological services in the Open Ocean
Restoration Area. The proposed alternatives are intended to continue
the process of using DWH restoration funding to restore natural
resources injured or lost as a result of the Deepwater Horizon oil
spill. The total estimated cost of the projects proposed as preferred
is $225,776,700. Additional restoration planning for the Open Ocean
Restoration Area will continue.
In accordance with NEPA and as part of the Final RP/EA, the
Trustees issued a FONSI. The FONSI is available in Appendix H of the
Final RP II/EA.
Administrative Record
The documents comprising the Administrative Record for the Final
RP/EA can be viewed electronically at http://www.doi.gov/deepwaterhorizon/adminrecord.
Authority
The authority of this action is the Oil Pollution Act of 1990 (33
U.S.C. 2701 et seq.) and its implementing Oil Pollution Act 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.).
Dated: November 25, 2019.
Carrie Selberg,
Deputy Director, Office of Habitat Conservation, National Marine
Fisheries Service.
[FR Doc. 2019-26745 Filed 12-11-19; 8:45 am]
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