Federal Register / Vol. 87, No. 53 / Friday, March 18, 2022 / Notices 15385 

3. Adequacy of the proposed actions 

to minimize and mitigate the impact of 

the taking on covered species. 

4. Potential effects that the proposed 

permit actions could have on other 

aspects of the human environment, 

including effects on plants and animals; 

water resources; and aesthetic, historic, 

cultural, economic, social, 

environmental justice, climate change, 

or health. 

5. The alternatives, information, and 

analyses submitted during the public 

scoping period. 

6. The alternatives analysis, including 

the range of alternatives analyzed and 

the alternatives considered but not 

analyzed in detail. 

7. Relevant reasonably foreseeable 

environmental trends and planned 

actions and their possible impacts on 

the affected environment, including the 

covered species, as well as any closely 

related connected actions. 

8. Other information relevant to the 

HCP and its impacts on the human 

environment. 

The Services will each make their 

permit decisions based on the statutory 

and regulatory criteria of the ESA. Their 

decisions will also be informed by the 

data, analyses, and findings in the EIS 

and public comments received on the 

Draft EIS and HCP. The Services will 

each document their determinations 

independently in an ESA section 10 

findings document, ESA Section 7 

biological opinion, and NEPA Record of 

Decision developed at the conclusion of 

the ESA and NEPA compliance 

processes. If the Services find that all 

requirements for issuance of the ITPs 

are met, they will issue the requested 

permits, subject to terms and conditions 

deemed necessary or appropriate to 

carry out the purposes of ESA section 

10. 

Additional Information: NMFS, as the 

lead Federal agency, has chosen to use 

the NEPA substitution process to fulfill 

obligations under the National Historic 

Preservation Act of 1966, as amended 

(NHPA). While obligations under NHPA 

and NEPA are independent, the 

regulations implementing NHPA allow 

for the use of NEPA review to substitute 

for various aspects of the NHPA section 

106 (16 U.S.C. 470f) review to improve 

efficiency, promote transparency and 

accountability, and support a broadened 

discussion of potential effects that a 

project may have on the human 

environment (36 CFR 800.3 through 

800.6). During preparation of the EIS, 

NMFS will ensure that the NEPA 

substitution process will meet any 

NHPA obligations. 

Authority: Section 10(c) of the ESA 

and its implementing regulations (50 

CFR 222.307, 50 CFR 17.22, and 50 CFR 

17.32) and NEPA and its implementing 

regulations (40 CFR 1503.1 and 40 CFR 

1506.6). 

Dated: March 14, 2022. 

Angela Somma, 

Chief, Endangered Species Division, Office 

of Protected Resources, National Marine 

Fisheries Service. 

[FR Doc. 2022–05714 Filed 3–17–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB767] 

Notice of Availability of the Deepwater 

Horizon Oil Spill Louisiana Trustee 

Implementation Group Draft 

Restoration Plan/Environmental 

Assessment #8: Wetlands, Coastal, 

and Nearshore Habitats 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of availability; request 

for comments. 

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), the 

Deepwater Horizon (DWH) Federal 

natural resource trustee agencies for the 

Louisiana Trustee Implementation 

Group (Louisiana TIG) have prepared a 

Draft Restoration Plan/Environmental 

Assessment #8: Wetlands, Coastal, and 

Nearshore Habitats (RP/EA #8). The 

Draft RP/EA #8 describes and proposes 

restoration project alternatives 

considered by the Louisiana TIG to 

partially restore natural resources and 

ecological services injured or lost as a 

result of the DWH oil spill. The 

Louisiana TIG evaluated these 

alternatives under criteria set forth in 

the OPA natural resource damage 

assessment (NRDA) regulations, and 

evaluated the environmental 

consequences of the restoration 

alternatives in accordance with NEPA. 

The purpose of this notice is to inform 

the public of the availability of the Draft 

RP/EA #8 and to seek public comments 

on the document. 

DATES: The Louisiana TIG will consider 

public comments received on or before 

April 18, 2022. 

Virtual Public Meeting: Due to 

continuing Covid–19 limitations on 

gatherings of groups, the Louisiana TIG 

will conduct a public webinar to 

facilitate public review and comment on 

Tuesday, April 5, 2022 at 12:00 p.m. 

Central. The public may register for the 

webinar at: https://

attendee.gotowebinar.com/register/ 

4964211858097860364. After 

registering, participants will receive a 

confirmation email with instructions for 

joining the public webinar. The webinar 

will include a presentation of the Draft 

RP/EA #8 and opportunity for public 

comment. The presentation slides will 

be posted on the web shortly after the 

public meeting is completed. Comments 

will also be taken through submission 

online or through U.S. mail (see 

Submitting Comments below). 

ADDRESSES:

Obtaining Documents: You may 

access the Draft RP/EA #8 from the 

‘‘News’’ section of the Louisiana TIG 

website at: http://

www.gulfspillrestoration.noaa.gov/ 

restoration-areas/louisiana. 

Alternatively, you may request a CD of 

the Draft RP/EA #8 (see FOR FURTHER

INFORMATION CONTACT below). 

Submitting Comments: You may 

submit comments on the Draft RP/EA #8 

by one of the following methods: 

• Via the Web: http://

www.gulfspillrestoration.noaa.gov/ 

restoration-areas/louisiana; 

• 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 

given in DATES; or 

• During the public webinar: 

Comments may be provided during the 

webinar. Webinar information is 

provided above in DATES. 

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. 

FOR FURTHER INFORMATION CONTACT: Mel 

Landry, NOAA Restoration Center, 310– 

427–8711, gulfspill.restoration@

noaa.gov. 

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 


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15386 Federal Register / Vol. 87, No. 53 / Friday, March 18, 2022 / Notices 

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 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 DWH Federal and State natural 

resource trustees (DWH Trustees) 

conducted the natural resource damage 

assessment for the DWH 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 DWH 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 Louisiana Restoration 

Area are now selected and implemented 

by the Louisiana TIG. The Louisiana 

TIG is composed of the following 

Federal Trustees: NOAA; DOI; EPA; and 

USDA. 

Background 

The Draft RP/EA #8 is being released 

in accordance with OPA NRDA 

regulations at 15 CFR part 990, NEPA 

(42 U.S.C. 4321 et seq.), the Consent 

Decree, and the Final Programmatic 

Damage Assessment Restoration Plan/ 

Programmatic Environmental Impact 

Statement (PDARP/PEIS), which 

provided for an overall goal of ‘‘Restore 

and Conserve Habitat.’’ This restoration 

planning activity is proceeding in 

accordance with the PDARP/PEIS, 

which provided for various types of 

restoration, including restoration of 

wetlands, coastal, and nearshore habitat. 

Information on the Restoration Type 

being considered in the Draft RP/EA #8, 

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). 

Overview of the Louisiana TIG Draft 

RP/EA #8 

For the Draft RP/EA #8, the Louisiana 

TIG assembled a list of 697 project 

alternatives for the restoration of 

wetlands, coastal, and nearshore habitat. 

These alternatives were based on 

proposals from the public as well as 

agencies, including projects submitted 

to the DWH Trustee or Louisiana TIG 

portals and projects submitted by 

individual state and Federal Trustees, 

including projects submitted on behalf 

of non-Trustee agencies. All alternatives 

underwent a step-wise screening 

process based on criteria established by 

OPA and the Louisiana TIG, whereby 

projects that did not meet the criteria 

were eliminated, and duplicative 

alternatives were combined. This 

resulted in six action alternatives for 

wetlands, coastal, and nearshore 

habitats, each of which are evaluated in 

the Draft RP/EA #8. Alternatives that 

meet the criteria but are not carried 

forward as preferred alternatives may be 

considered in future restoration plans. 

Of the six alternatives evaluated, four 

are proposed as preferred alternatives 

for the restoration of wetlands, coastal, 

and nearshore habitats. Three of the 

alternatives evaluated consider projects 

for Engineering and Design (E&D), and 

three of the alternatives evaluated 

consider projects for full 

implementation. The alternatives 

analyzed include the following: 

• Bayou Pointe-aux-Chenes Ridge 

Restoration and Marsh Creation (E&D)— 

Non-preferred, $4,736,900. 

• New Orleans East Landbridge 

Restoration (E&D): Preferred, 

$4,000,000. 

• Raccoon Island Barrier Island 

Restoration (E&D): Preferred, 

$8,200,000. 

• Bayou Dularge Ridge and Marsh 

Restoration: Preferred, $41,400,000. 

• Bayou La Loutre Ridge Restoration 

and Marsh Creation Project (PO–0178): 

Preferred, $21,200,000. 

• Lake Lery Marsh Creation and Rim 

Restoration, Increment 3: Non-preferred, 

$19,420,000. 

The Draft RP/EA #8 also evaluates a 

No Action Alternative, under which no 

project would be constructed and no 

additional costs would be incurred at 

this time. 

The Louisiana TIG has examined the 

injuries assessed by the DWH Trustees 

and evaluated restoration alternatives to 

address the injuries. In Draft RP/EA #8, 

the Louisiana TIG presents to the public 

its draft plan for providing partial 

compensation to the public for injured 

natural resources and ecological 

services in the Louisiana Restoration 

Area. The proposed action is intended 

to continue the process of using DWH 

restoration funding to restore natural 

resources injured or lost as a result of 

the DWH oil spill. Additional 

restoration planning for the Louisiana 

Restoration Area will continue. 

Next Steps 

The public is encouraged to review 

and comment on the Draft RP/EA #8. A 

public webinar to facilitate the public 

review and comment process is 

scheduled for Tuesday, April 5 at 12:00 

p.m. Central. After the public comment 

period ends, the Louisiana TIG will 

consider and address comments 

received before issuing a Final RP/EA 

#8. A summary of comments received 

and the Louisiana TIG’s responses and 

any revisions to the document, as 

appropriate, will be included in the 

final document. 


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Federal Register / Vol. 87, No. 53 / Friday, March 18, 2022 / Notices 15387 

Additional Access to Materials 

You may request a CD of the Draft RP/ 

EA #8 (see FOR FURTHER INFORMATION

CONTACT above). Copies of the Draft RP/ 

EA #8 are also available during the 

public comment period at the following 

locations: 

Library Address City Zip code 

St. Tammany Parish Library .................................. 310 W. 21st Avenue .............................................. Covington ....................... 70433 

New Orleans Public Library, Louisiana Division .... 219 Loyola Avenue ................................................ New Orleans .................. 70112 

St. Bernard Parish Library ...................................... 1125 E. St. Bernard Highway ................................ Chalmette ....................... 70043 

Plaquemines Parish Library ................................... 8442 Highway 23 ................................................... Belle Chasse .................. 70037 

Jefferson Parish Library, East Bank Regional Library.4747 W. Napoleon Avenue .................................... Metairie .......................... 70001 

Jefferson Parish Library, West Bank Regional Library.2751 Manhattan Boulevard .................................... Harvey ............................ 70058 

Terrebonne Parish Library ..................................... 151 Library Drive .................................................... Houma ........................... 70360 

Martha Sowell Utley Memorial Library ................... 314 St. Mary Street ................................................ Thibodaux ...................... 70301 

South Lafourche Public Library .............................. 16241 E. Main Street ............................................. Cut Off ........................... 70345 

East Baton Rouge Parish Library .......................... 7711 Goodwood Boulevard ................................... Baton Rouge .................. 70806 

Alex P. Allain Library .............................................. 206 Iberia Street .................................................... Franklin .......................... 70538 

St. Martin Parish Library ........................................ 201 Porter Street .................................................... St. Martinville ................. 70582 

Iberia Parish Library ............................................... 445 E. Main Street ................................................. New Iberia ...................... 70560 

Vermilion Parish Library ......................................... 405 E. St. Victor Street .......................................... Abbeville ........................ 70510 

Mark Shirley, LSU AgCenter .................................. 1105 West Port Street ........................................... Abbeville ........................ 70510 

Calcasieu Parish Public Library Central Branch .... 301 W. Claude Street ............................................ Lake Charles .................. 70605 

Translation Opportunities 

Vietnamese translated materials 

including the Executing Summary and 

project fact sheets are posted in the 

‘‘News’’ section of the Louisiana TIG’s 

website: http://

www.gulfspillrestoration.noaa.gov/ 

restoration-areas/louisiana. 

Administrative Record 

The documents comprising the 

Administrative Record for the Draft RP/ 

EA #8 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: March 11, 2022. 

Carrie Diane Robinson, 

Director, Office of Habitat Conservation, 

National Marine Fisheries Service. 

[FR Doc. 2022–05553 Filed 3–17–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB799] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to Ferry Berth 

Improvements in Tongass Narrows in 

Ketchikan, Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of an incidental 

harassment authorization. 

SUMMARY: In accordance with the 

regulations implementing the Marine 

Mammal Protection Act (MMPA) as 

amended, notification is hereby given 

that NMFS has issued an incidental 

harassment authorization (IHA) to the 

Alaska Department of Transportation 

and Public Facilities (ADOT) to 

incidentally harass, by Level A 

harassment and Level B harassment 

only, marine mammals during 

construction activities associated with 

construction of four ferry berth facilities 

in Tongass Narrows in Ketchikan, 

Alaska. 

DATES: This authorization is effective 

from March 5, 2022 through March 4, 

2023. 

FOR FURTHER INFORMATION CONTACT: 

Leah Davis, Office of Protected 

Resources, NMFS, (301) 427–8401. 

Electronic copies of the application and 

supporting documents, as well as a list 

of the references cited in this document, 

may be obtained online at: https://

www.fisheries.noaa.gov/permit/ 

incidental-take-authorizations-undermarine-mammal-protection-act. In case 

of problems accessing these documents, 

please call the contact listed above. 

SUPPLEMENTARY INFORMATION: 

Background 

The MMPA prohibits the ‘‘take’’ of 

marine mammals, with certain 

exceptions. sections 101(a)(5)(A) and (D) 

of the MMPA (16 U.S.C. 1361 et seq.) 

direct the Secretary of Commerce (as 

delegated to NMFS) to allow, upon 

request, the incidental, but not 

intentional, taking of small numbers of 

marine mammals by U.S. citizens who 

engage in a specified activity (other than 

commercial fishing) within a specified 

geographical region if certain findings 

are made and either regulations are 

issued or, if the taking is limited to 

harassment, a notice of a proposed 

incidental take authorization may be 

provided to the public for review. 

Authorization for incidental takings 

shall be granted if NMFS finds that the 

taking will have a negligible impact on 

the species or stock(s) and will not have 

an unmitigable adverse impact on the 

availability of the species or stock(s) for 

taking for subsistence uses (where 

relevant). Further, NMFS must prescribe 

the permissible methods of taking and 

other ‘‘means of effecting the least 

practicable adverse impact’’ on the 

affected species or stocks and their 

habitat, paying particular attention to 

rookeries, mating grounds, and areas of 

similar significance, and on the 

availability of the species or stocks for 

taking for certain subsistence uses 

(referred to in shorthand as 


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