Notice2023-05114
Deepwater Horizon Natural Resource Damage Assessment Open Ocean Trustee Implementation Group Draft Restoration Plan 3 and Environmental Assessment: Birds
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 14, 2023
Issuing agencies
Interior Department
Abstract
In accordance with the Oil Pollution Act of 1990 (OPA), the National Environmental Policy Act of 1969 (NEPA), the Deepwater Horizon (DWH) Oil Spill Final Programmatic Damage Assessment Restoration Plan and Final Programmatic Environmental Impact Statement (Final PDARP/ PEIS), Record of Decision and Consent Decree, the Federal natural resource trustee agencies for the Open Ocean Trustee Implementation Group (Open Ocean TIG) have prepared the Draft Restoration Plan 3 and Environmental Assessment: Birds (Draft RP/EA). The Draft RP/EA proposes projects to help restore bird species injured in the DWH oil spill. The Draft RP/EA evaluates a reasonable range of 11 project alternatives under the Oil Pollution Act's Natural Resource Damage Assessment regulations and NEPA. The total cost to implement the Open Ocean TIG's seven preferred alternatives is approximately $26,000,000. A No Action alternative is also analyzed. The Open Ocean TIG invites comments on the Draft RP/EA.
Full Text
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<title>Federal Register, Volume 88 Issue 49 (Tuesday, March 14, 2023)</title>
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[Federal Register Volume 88, Number 49 (Tuesday, March 14, 2023)]
[Notices]
[Pages 15734-15736]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-05114]
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DEPARTMENT OF THE INTERIOR
[FWS-R4-ES-2023-N005; FVHC98220410150-XXX-FF04H00000]
Deepwater Horizon Natural Resource Damage Assessment Open Ocean
Trustee Implementation Group Draft Restoration Plan 3 and Environmental
Assessment: Birds
AGENCY: Department of the Interior.
ACTION: Notice of availability; request for public comments.
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SUMMARY: In accordance with the Oil Pollution Act of 1990 (OPA), the
National Environmental Policy Act of 1969 (NEPA), the Deepwater Horizon
(DWH) Oil Spill Final Programmatic Damage Assessment Restoration Plan
and Final Programmatic Environmental Impact Statement (Final PDARP/
PEIS), Record of Decision and Consent Decree, the Federal natural
resource trustee agencies for the Open Ocean Trustee Implementation
Group (Open Ocean TIG) have prepared the Draft Restoration Plan 3 and
Environmental Assessment: Birds (Draft RP/EA). The Draft RP/EA proposes
projects to help restore bird species injured in the DWH oil spill. The
Draft RP/EA evaluates a reasonable range of 11 project alternatives
under the Oil Pollution Act's Natural Resource Damage Assessment
regulations and NEPA. The total cost to implement the Open Ocean TIG's
seven preferred alternatives is approximately $26,000,000. A No Action
alternative is also analyzed. The Open Ocean TIG invites comments on
the Draft RP/EA.
DATES:
Submitting Comments: The Open Ocean TIG will consider public
comments on the Draft RP/EA received on or before April 28, 2023.
Public Webinar: The Open Ocean TIG will host two public webinars
during the public comment period. The webinars will include an overview
presentation of the Draft RP/EA and an open house session for general
questions regarding the plan. The public will also be able to provide
formal comments during the webinar. The public may register for the
webinars at <a href="https://www.gulfspillrestoration">https://www.gulfspillrestoration</a> .noaa.gov/restoration-
areas/open-ocean. After registering for a webinar, participants will
receive a confirmation email with instructions for joining the webinar.
Instructions for commenting will be provided during the webinar.
Presentation material and factsheets about the projects can be found on
the web at <a href="https://www.gulfspillrestoration">https://www.gulfspillrestoration</a>.noaa.gov/restoration-areas/
open-ocean.
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ADDRESSES:
Obtaining Documents: You may download the Draft RP/EA at <a href="https://www.gulfspillrestoration">https://www.gulfspillrestoration</a>.noaa.gov/restoration-areas/open-ocean.
Alternatively, you may request a USB flash drive containing the Draft
RP/EA (see FOR FURTHER INFORMATION CONTACT).
Submitting Comments: You may submit comments on the Draft RP/EA by
one of the following methods:
<bullet> Internet: <a href="https://www.gulfspillrestoration">https://www.gulfspillrestoration</a>.noaa.gov/
restoration-areas/open-ocean.
<bullet> U.S. Mail: U.S. Fish and Wildlife Service Gulf Restoration
Office, 1875 Century Blvd., Atlanta, GA 30345. To be considered, mailed
comments must be postmarked on or before the comment deadline given in
DATES.
<bullet> During the public webinar: Verbal comments may be provided
by the public during the webinar. Webinar information is provided in
DATES.
<bullet> Telephone: 1-888-467-0009. Comments may be provided by
leaving voice comment at this number. To be considered, voice comments
left at this toll-free international phone number must be left on or
before the comment deadline given in DATES.
FOR FURTHER INFORMATION CONTACT: Nanciann Regalado, at
<a href="/cdn-cgi/l/email-protection#fc929d929f959d9292a38e999b9d909d9893bc9a8b8fd29b938a"><span class="__cf_email__" data-cfemail="294748474a40484747765b4c4e4845484d46694f5e5a074e465f">[email protected]</span></a> or 1-678-296-6805. Individuals in the United
States who are deaf, deafblind, hard of hearing, or have a speech
disability may dial 711 (TTY, TDD, or TeleBraille) to access
telecommunications relay services. Individuals outside the United
States should use the relay services offered within their country to
make international calls to the point-of-contact in the United States.
SUPPLEMENTARY INFORMATION:
Introduction
On April 20, 2010, the mobile offshore drilling unit Deepwater
Horizon (DWH), 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 DWH 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 DWH 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. 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 to
baseline (the resource quality and conditions that would exist had the
spill not occurred). This includes the loss of use and services
provided by those resources from the time of injury until the
completion of restoration.
The DWH Trustees are:
<bullet> U.S. Department of the Interior (DOI), as represented by
the U.S. Fish and Wildlife Service, National Park Service, and Bureau
of Land Management;
<bullet> National Oceanic and Atmospheric Administration (NOAA), on
behalf of the U.S. Department of Commerce;
<bullet> U.S. Department of Agriculture (USDA);
<bullet> U.S. Environmental Protection Agency (EPA);
<bullet> 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;
<bullet> State of Mississippi Department of Environmental Quality;
<bullet> State of Alabama Department of Conservation and Natural
Resources and Geological Survey of Alabama;
<bullet> State of Florida Department of Environmental Protection
and Fish and Wildlife Conservation Commission; and
<bullet> State of Texas: Texas Parks and Wildlife Department, Texas
General Land Office, and Texas Commission on Environmental Quality.
On April 4, 2016, the United States District Court for the Eastern
District of Louisiana entered a consent decree resolving civil claims
by the Trustees against BP arising from the DWH oil spill: United
States v. BPXP et al., Civ. No. 10-4536, centralized in MDL 2179, In
re: Oil Spill by the Oil Rig Deepwater Horizon in the Gulf of Mexico,
on April 20, 2010 (E.D. La.) (<a href="https://www.epa.gov/enforcement/consent-decree-deepwater-horizon-bp-gulf-mexico-oil-spill">https://www.epa.gov/enforcement/consent-decree-deepwater-horizon-bp-gulf-mexico-oil-spill</a>). Pursuant to the
Consent Decree, the Open Ocean TIG chooses and manages restoration
projects in the Open Ocean Restoration Area. The Open Ocean TIG is
composed of the following Federal Trustees: DOI, NOAA, EPA, and USDA.
Background
On March 25, 2021, the Open Ocean Trustee Implementation Group
(Open Ocean TIG) issued a notice of solicitation on the Gulf Spill
Restoration website requesting project ideas for the Sturgeon and Birds
Restoration Types. On March 11, 2022, the Open Ocean TIG announced that
it had reviewed project idea submissions and had initiated drafting its
third restoration plan and environmental assessment (Draft RP/EA),
which would include a reasonable range of restoration alternatives
(projects) for the Birds Restoration Type only.
Overview of the Open Ocean TIG's Draft RP/EA
The Draft RP/EA is being released in accordance with OPA NRDA
regulations found in the Code of Federal Regulations (CFR) at 15 CFR
part 990, NEPA and its implementing regulations found at 40 CFR parts
1500-1508, the Final PDARP/PEIS, and the Consent Decree. The Draft RP/
EA provides OPA NRDA and NEPA analyses for a reasonable range of 11
alternatives. The Open Ocean TIG's seven proposed preferred
alternatives are listed below. If selected, funding to implement these
projects would come from the Birds Restoration Type allocation.
<bullet> Predator Removal and Seabird Nesting Colony Restoration at
Mona Island
<bullet> Seabird Nesting Colony Reestablishment and Protection at
Desecheo National Wildlife Refuge
<bullet> Seabird Nesting Colony Protection and Enhancement at Dry
Tortugas National Park
<bullet> Seabird Bycatch Reduction in Northeast U.S. and Atlantic
Canada Fisheries
<bullet> Northern Gannet Nesting Colony Restoration in Eastern Canada
<bullet> Common Tern Nesting Colony Restoration in Manitoba
<bullet> Invasive Goat Removal to Restore Seabird Nesting Habitat in
St. Vincent and the Grenadines
Next Steps
As described above in DATES, the Open Ocean TIG will host two (2)
public webinars to facilitate the public review and comment process.
They are also providing an international toll-free telephone number for
the public to leave comments via voice message. After the public
comment period ends, the Open Ocean TIG will consider and
[[Page 15736]]
address the comments received before issuing a final RP/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
RP/EA can be viewed electronically at <a href="https://www.doi.gov/deepwaterhorizon/adminrecord">https://www.doi.gov/deepwaterhorizon/adminrecord</a> under folder 6.5.2.2.3.
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.) and its
implementing regulations found at 40 CFR parts 1500-1508.
Mary Josie Blanchard,
Department of the Interior, Director of Gulf of Mexico Restoration.
[FR Doc. 2023-05114 Filed 3-13-23; 8:45 am]
BILLING CODE 4333-15-P
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