[Federal Register Volume 84, Number 94 (Wednesday, May 15, 2019)]
[Notices]
[Pages 21753-21755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09554]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XG958


Notice of Availability of the Deepwater Horizon Oil Spill Open 
Ocean Trustee Implementation Group Draft Restoration Plan 2 and 
Environmental Assessment: Fish, Sea Turtles, Marine Mammals, and 
Mesophotic and Deep Benthic Communities

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

ACTION: Notice of availability; request for comments.

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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 Draft RP/EA and to seek public comments on the document.
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    \1\ Consent Decree among Defendant BP Exploration & Production 
Inc. (``BPXP''), 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.

DATES: The Open Ocean TIG will consider public comments received on or 
before July 1, 2019.
    Public Meetings: The Open Ocean TIG will conduct one public meeting 
and two webinars to facilitate the public review and comment on the 
Draft RP/EA. Each of the public meeting and webinars will include a 
presentation of the Draft RP/EA. Both written and oral public comments 
will be taken at the public meeting. Only written comments will be 
taken through the public webinars. Comments will also be taken through 
submission online or through U.S. mail (see Submitting Comments below). 
Public meetings and webinars will be held on June 4 (public meeting), 
June 11 (webinar), and June 13 (webinar). The full meeting schedule is 
listed in SUPPLEMENTARY INFORMATION below.

ADDRESSES: 
    Obtaining Documents: You may download the Draft RP/EA at: http://www.gulfspillrestoration.noaa.gov/restoration-areas/open-ocean. 
Alternatively, you may request a CD of the Draft RP/EA (see FOR FURTHER 
INFORMATION CONTACT below). Also, you may view the document at any of 
the public facilities listed in Appendix G.
    Submitting Comments: You may submit comments on the Draft RP/EA by 
one of the following methods:
     Via the Web: http://www.gulfspillrestoration.noaa.gov/restoration-areas/open-ocean;
     Via U.S. Mail: U.S. Fish and Wildlife Service, P.O. Box 
29649, Atlanta, GA 30345. Please note that mailed comments must be 
postmarked on or before the comment deadline of 45 days following 
publication of this notice to be considered; or
     In Person: Written and oral comments may be submitted at 
the public meeting on June 4, 2019 and written comments may be 
submitted during public webinars on June 11 and June 13, 2019 (see 
Invitation to Comment below).

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 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;

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     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 being considered 
in the Draft 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.

Overview of the OO TIG Draft RP/EA

    The Draft 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 Draft RP/EA, the Open Ocean TIG analyzes 23 alternatives and 
proposes 18 preferred alternatives for 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.
     Reduce the Impacts of Ghost Fishing by Removing Derelict 
Fishing Gear from Marine and Estuarine Habitats- Not Preferred, 
$6,128,000.

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, 
$2,153,000.
     Long-term Nesting Beach Habitat Protection for Sea 
Turtles- Preferred, $7,000,000.
     Reducing Sea Turtle Entanglement from Recreational Fishing 
Debris- Not Preferred, $1,113,600.
     Reducing Sea Turtle Bycatch at Recreational Fishing Sites- 
Not Preferred, $1,329,000.

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.
     Assessment of Northern Gulf of Mexico Shelf Small Cetacean 
Health, Habitat. Use, and Movement Patterns--Not Preferred, $4,620,000.

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.
     Habitat Characterization at Known High Priority Sites--Not 
Preferred, $21,500,000.
    The Open Ocean TIG also analyzes a No Action alternative. 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 Draft RP/EA, the Open Ocean TIG presents to the public 
its draft 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 $225,680,700. Additional restoration planning for the Open Ocean 
Restoration Area will continue.

Next Steps

    The public is encouraged to review and comment on the Draft RP/EA. 
A

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public meeting and webinars are scheduled to facilitate the public 
review and comment process. After the public comment period ends, the 
Open Ocean TIG will consider and address the comments received before 
issuing a Final RP/EA. A summary of comments received and the Open 
Ocean TIG's responses and any revisions to the document, as 
appropriate, will be included in the final document.

Public Meeting Schedule

    The Open Ocean TIG will conduct a public meeting and webinars to 
provide information and seek input on the Draft RP/EA:
     June 4, 2019 (public meeting), at 5:30 p.m. at the 
Pensacola City Hall, 222 W Main St., Pensacola, FL 32502;
     June 11, 2019 (webinar), at 12:00 p.m. Central Time. 
Register at: https://register.gotowebinar.com/register/7304216670381829899.
     June 13, 2019 (webinar), at 6:00 p.m. Central Time. 
Register at: https://register.gotowebinar.com/register/2042490581520295947.
    Written and oral comments on the Draft RP/EA may be submitted at 
the public meeting and through the webinars (written comment only). 
Persons with disabilities may request special accommodations at the 
public meeting by contacting the Open Ocean TIG by May 24, 2019 (see 
FOR FURTHER INFORMATION CONTACT).

Invitation to Comment

    The Open Ocean TIG seeks public review and comment on the Draft RP/
EA (see ADDRESSES above). Before including your address, telephone 
number, email address, or other personal identifying information in 
your comment, please be aware that your entire comment, including your 
personal identifying information, will become part of the public 
record.

Administrative Record

    The documents comprising the Administrative Record for the Draft 
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: May 3, 2019.
Carrie Selberg,
Deputy Director, Office of Habitat Conservation, National Marine 
Fisheries Service.
[FR Doc. 2019-09554 Filed 5-14-19; 8:45 am]
 BILLING CODE 3510-22-P