Notice2023-16313
Notice of Intent To Prepare an Environmental Assessment for Commercial Wind Lease Issuance and Site Assessment Activities on the Atlantic Outer Continental Shelf Offshore Delaware, Maryland, and Virginia
Primary source
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Published
August 1, 2023
Issuing agencies
Interior DepartmentOcean Energy Management Bureau
Abstract
In compliance with the National Environmental Policy Act (NEPA) of 1969, as amended, the Bureau of Ocean Energy Management (BOEM) intends to prepare an environmental assessment (EA) to consider the potential environmental impacts associated with possible wind energy-related leasing, site assessment, and site characterization activities on the U.S. Atlantic Outer Continental Shelf (OCS). BOEM is seeking public input regarding important environmental issues and the identification of reasonable alternatives that should be considered in the EA. The environmental impacts of any proposed wind energy projects will be assessed after a lease is issued and before BOEM decides whether or not to approve any lessee's project construction and operations plan.
Full Text
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<title>Federal Register, Volume 88 Issue 146 (Tuesday, August 1, 2023)</title>
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[Federal Register Volume 88, Number 146 (Tuesday, August 1, 2023)]
[Notices]
[Pages 50170-50171]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-16313]
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DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
[Docket No. BOEM-2023-0034]
Notice of Intent To Prepare an Environmental Assessment for
Commercial Wind Lease Issuance and Site Assessment Activities on the
Atlantic Outer Continental Shelf Offshore Delaware, Maryland, and
Virginia
AGENCY: Bureau of Ocean Energy Management, Interior
ACTION: Notice of intent; request for comments.
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SUMMARY: In compliance with the National Environmental Policy Act
(NEPA) of 1969, as amended, the Bureau of Ocean Energy Management
(BOEM) intends to prepare an environmental assessment (EA) to consider
the potential environmental impacts associated with possible wind
energy-related leasing, site assessment, and site characterization
activities on the U.S. Atlantic Outer Continental Shelf (OCS). BOEM is
seeking public input regarding important environmental issues and the
identification of reasonable alternatives that should be considered in
the EA. The environmental impacts of any proposed wind energy projects
will be assessed after a lease is issued and before BOEM decides
whether or not to approve any lessee's project construction and
operations plan.
DATES: BOEM must receive your comments no later than August 31, 2023.
ADDRESSES: You may submit comments by either of the following methods:
<bullet> Through the <a href="http://regulations.gov">regulations.gov</a> web portal: Navigate to <a href="http://www.regulations.gov">http://www.regulations.gov</a> and search for Docket No. BOEM-2023-0034 to submit
public comments and view supporting and related materials available for
this notice. Click on the ``Comment'' button below the document link.
Enter your information and comment, then click ``Submit Comment''; or
<bullet> By U.S. Postal Service or other delivery service: Send
your comments and information to the following address: Bureau of Ocean
Energy Management, Office of Renewable Energy Programs, 45600 Woodland
Road, Mail Stop VAM-OREP, Sterling, VA 20166.
FOR FURTHER INFORMATION CONTACT: Jessica Stromberg, BOEM, Environment
Branch for Renewable Energy, 45600 Woodland Road, Mail Stop VAM-OREP,
Sterling, VA 20166, (703) 787-1730, or <a href="/cdn-cgi/l/email-protection#cea4abbdbda7adafe0bdbabca1a3acabbca98eaca1aba3e0a9a1b8"><span class="__cf_email__" data-cfemail="2d47485e5e444e4c035e595f42404f485f4a6d4f424840034a425b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Authority: This notice of intent to prepare an EA is published
pursuant to 43 CFR 46.305.
Background: On November 16, 2022, BOEM announced eight draft wind
energy areas (WEAs) on the U.S. Central Atlantic OCS for public review
and comment. The draft WEAs are offshore North Carolina, Virginia,
Maryland, and Delaware, covering approximately 1.7 million acres.
Before finalizing the WEAs, BOEM considered feedback from government
partners, ocean users, and stakeholders in addition to potential
conflicts with a United States Coast Guard safety fairway, commercial
fishing, Department of Defense activities, a National Aeronautics and
Space Administration danger zone, and marine habitat areas. On July 31,
2023, BOEM announced the final WEAs, which consist of the WEAs
identified as A-2, B-1, and C-1 offshore Delaware, Maryland, and
Virginia. Detailed information about the WEAs can be found on BOEM's
website at: <a href="https://www.boem.gov/central-atlantic">https://www.boem.gov/central-atlantic</a>.
Proposed Action and Scope of Analysis
The EA's proposed action is issuing wind energy leases in the
Central Atlantic WEAs A-2, B-1, and C-1. The EA will consider project
easements and grants for subsea cable corridors associated with
leasing. The EA also will consider the potential environmental impacts
associated with site characterization surveys (i.e., biological,
archeological, geological, and geophysical surveys and core samples)
and site assessment activities (i.e., installation of meteorological
buoys), that are expected to take place following lease issuance. The
EA's proposed action does not include the installation of
meteorological towers because developers prefer meteorological buoys to
collect data. In addition to the no-action alternative, other
alternatives may be considered, such as exclusion of certain areas.
BOEM has decided to prepare an EA for this proposed action in order
to
[[Page 50171]]
assist agency planning and decision-making (40 CFR 1501.3). This notice
starts the scoping process for the EA and solicits information
regarding additional important environmental issues and alternatives
that should be considered in the EA (43 CFR 46.305). Additionally, BOEM
will use the scoping process to identify and eliminate from detailed
analysis issues that are not significant or that have been analyzed by
prior environmental reviews (40 CFR 1501.9(f)(1)).
BOEM will use responses to this notice and the EA public input
process to satisfy the public involvement requirements of the National
Historic Preservation Act (NHPA;, as provided in 36 CFR 800.2(d)(3).
Specific to NHPA, BOEM seeks information from the public on the
identification and assessment of potential impacts to cultural
resources and historic properties that might be impacted by possible
wind energy-related leasing, site characterization, and site assessment
activities in WEAs A-2, B-1, and C-1.
The EA analyses will also support compliance with other
environmental statutes (e.g., Coastal Zone Management Act, Endangered
Species Act, Magnuson-Stevens Fishery Conservation and Management Act,
and Marine Mammal Protection Act).
Wind energy leases do not authorize any activities on the Outer
Continental Shelf. Instead, leases grant lessees the exclusive right to
submit plans for BOEM approval. Prior to deciding whether or not to
approve any plan for the construction and operation of commercial wind
energy facilities, BOEM will prepare a plan-specific environmental
analysis and will comply with all consultation requirements. Therefore,
this EA will not consider the construction and operation of any
commercial wind energy facilities in the WEAs A-2, B-1, and C-1.
Cooperating Agencies: BOEM invites Tribal governments and Federal,
State, and local government agencies to consider becoming cooperating
agencies in the preparation of this EA. Council on Environmental
Quality (CEQ) regulations implementing the procedural provisions of
NEPA define cooperating agencies as those with ``jurisdiction by law or
special expertise with respect to any environmental impact involved in
a proposal (or a reasonable alternative)'' (40 CFR 1508.1(e)).
Potential cooperating agencies should consider their authority and
capacity to assume the responsibilities of a cooperating agency. An
agency's role in the environmental analysis neither enlarges nor
diminishes the final decision-making authority of any other agency
involved in the NEPA process.
Upon request, BOEM will provide potential cooperating agencies with
a draft memorandum of agreement that includes a schedule with critical
action dates and milestones, mutual responsibilities, designated points
of contact, and expectations for handling pre-decisional information.
Agencies should also consider the ``Factors for Determining Whether to
Invite, Decline or End Cooperating Agency Status'' in CEQ's memo
``Cooperating Agencies in Implementing the Procedural Requirements of
[NEPA]'' dated January 30, 2002. A copy of this document is available
at: <a href="https://www.energy.gov/sites/prod/files/nepapub/nepa_documents/RedDont/G-CEQ-CoopAgenciesImplem.pdf">https://www.energy.gov/sites/prod/files/nepapub/nepa_documents/RedDont/G-CEQ-CoopAgenciesImplem.pdf</a>.
BOEM, as the lead agency, will not provide financial assistance to
cooperating agencies. Even if an organization is not a cooperating
agency, opportunities will exist to provide information and comments to
BOEM during the normal public input phases of the NEPA process.
Comments: Federal agencies, Tribal, State, local governments, and
other interested parties are requested to comment on the important
issues to be considered in the EA. For information on how to submit
comments and deadline, see the DATES and ADDRESSES section above.
Privileged and Confidential Information
BOEM will protect privileged and confidential information in your
comment under the Freedom of Information Act (FOIA). Exemption 4 of
FOIA applies to trade secrets and commercial and financial information
that is privileged or confidential. If you wish to protect the
confidentiality of such information, clearly label it and request that
BOEM treat it as confidential. BOEM will not disclose such information
if BOEM determines under 30 CFR 585.114(b) that it qualifies for a FOIA
exemption. Please label privileged or confidential information
``Contains Confidential Information'' and consider submitting such
information as a separate attachment.
BOEM will not treat as confidential any aggregate summaries of such
information or comments not containing such privileged or confidential
information. Information that is not labeled as privileged or
confidential may be regarded by BOEM as suitable for public release.
Personally Identifiable Information
BOEM encourages you not to submit anonymous comments. Please
include your name and address as part of your comment. You should be
aware that your entire comment, including your name, address, and any
personally identifiable information (PII) included in your comment, may
be made publicly available. All submissions from identified
individuals, businesses, and organizations will be available for public
viewing on <a href="http://regulations.gov">regulations.gov</a>. Except for clearly identified privileged
and confidential information, BOEM will make available for public
inspection all comments, in their entirety, submitted by organizations
and businesses, or by individuals identifying themselves as
representatives of organizations or businesses.
For BOEM to consider withholding your PII from disclosure, you must
identify any information contained in your comments that, if released,
would constitute a clearly unwarranted invasion of your personal
privacy. You must also briefly describe any possible harmful
consequences of the disclosure of information, such as embarrassment,
injury, or other harm. Even if BOEM withholds your information in the
context of this notice, your submission is subject to FOIA and, if your
submission is requested under the FOIA, your information will only be
withheld if a determination is made that one of the FOIA's exemptions
to disclosure applies. Such a determination will be made in accordance
with the Department's FOIA regulations and applicable law.
Section 304 of the National Historic Preservation Act (54 U.S.C.
307103(a))
After consultation with the Secretary of the Interior, BOEM is
required to withhold the location, character, or ownership of historic
resources if it determines that disclosure may, among other things,
cause a significant invasion of privacy, risk harm to the historic
resources, or impede the use of a traditional religious site by
practitioners. Tribal entities and other parties providing information
on historic resources should designate information that they wish to be
held as confidential and provide the reasons why BOEM should do so.
Karen Baker,
Chief, Office of Renewable Energy Programs, Bureau of Ocean Energy
Management.
[FR Doc. 2023-16313 Filed 7-31-23; 8:45 am]
BILLING CODE 4340-98-P
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