Notice2024-00512
Notice of Availability of a Draft Programmatic Environmental Impact Statement for Expected Wind Energy Development in the New York Bight
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Published
January 12, 2024
Issuing agencies
Interior DepartmentOcean Energy Management Bureau
Abstract
The Bureau of Ocean Energy Management (BOEM) announces the availability of the draft programmatic environmental impact statement (PEIS) to analyze the potential impacts of wind energy development in six lease areas of the New York (NY) Bight. The PEIS also identifies possible changes in those impacts that could result from adopting certain avoidance, minimization, mitigation, and monitoring (AMMM) measures (the Proposed Action). This notice of availability (NOA) announces the start of the public review and comment period and the dates and times for public meetings on the draft PEIS. After the public comment period and meetings, BOEM will address the issues raised and will publish a final PEIS. The final PEIS will inform BOEM's decision whether to adopt certain AMMM measures at this stage that would potentially be required as conditions of approval for activities proposed by NY Bight lessees in their construction and operations plans (COPs) or defer the decision to adopt such measures to each project- specific environmental review.
Full Text
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<title>Federal Register, Volume 89 Issue 9 (Friday, January 12, 2024)</title>
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[Federal Register Volume 89, Number 9 (Friday, January 12, 2024)]
[Notices]
[Pages 2249-2251]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-00512]
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DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
[Docket No. BOEM-2024-0001]
Notice of Availability of a Draft Programmatic Environmental
Impact Statement for Expected Wind Energy Development in the New York
Bight
AGENCY: Bureau of Ocean Energy Management, Interior.
ACTION: Notice of availability; request for comments.
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SUMMARY: The Bureau of Ocean Energy Management (BOEM) announces the
availability of the draft programmatic environmental impact statement
(PEIS) to analyze the potential impacts of wind energy development in
six lease areas of the New York (NY) Bight. The PEIS also identifies
possible changes in those impacts that could result from adopting
certain avoidance, minimization, mitigation, and monitoring (AMMM)
measures (the Proposed Action). This notice of availability (NOA)
announces the start of the public review and comment period and the
dates and times for public meetings on the draft PEIS. After the public
comment period and meetings, BOEM will address the issues raised and
will publish a final PEIS. The final PEIS will inform BOEM's decision
whether to adopt certain AMMM measures at this stage that would
potentially be required as conditions of approval for activities
proposed by NY Bight lessees in their construction and operations plans
(COPs) or defer the decision to adopt such measures to each project-
specific environmental review.
DATES: Comments must be received no later than February 26, 2024. BOEM
will conduct a total of five virtual and in-person public meetings.
BOEM's public meetings will be held at the following times (all times
Eastern):
<bullet> January 31, 2024, 5:00 p.m.-9:00 p.m., virtual meeting;
<bullet> * February 5, 2024, 4:00 p.m.-7:00 p.m., University of
Massachusetts, Dartmouth, The Marketplace, MacLean Campus Center, 285
Old Westport Rd., North Dartmouth, MA 02747;
<bullet> * February 7, 2024, 4:00 p.m.-7:00 p.m., Stony Brook
University, Bauman Center for Leadership and Service, Benedict D013,
Room C029, 200 Circle Rd., Stony Brook, NY 11790;
<bullet> * February 8, 2024, 4:00 p.m.-7:00 p.m., Clarion Hotel
Toms River, 815 Route 37 West, Toms River, NJ 08755; and
<bullet> February 13, 2024, 1:00 p.m.-5:00 p.m., virtual meeting.
[[Page 2250]]
* In the event the in-person public meetings are cancelled due to
inclement weather, they will be replaced with a single virtual meeting
on February 8, 2024, 4:00 p.m.-7:00 p.m.
Registration for the public meetings may be completed on the NY
Bight website here: <a href="https://www.boem.gov/renewable-energy/state-activities/new-york-bight">https://www.boem.gov/renewable-energy/state-activities/new-york-bight</a> or by calling (202) 517-1249. Registration
for the virtual meetings is required. Registration for the in-person
public meetings is voluntary but strongly encouraged. Meeting
information will be sent to registrants via their email address
provided during registration. In the event of inclement weather, in-
person public meetings will be replaced with one virtual meeting on
February 8, 2024, 4:00 p.m.-7:00 p.m. This inclement weather
notification and the virtual meeting link will be shared with
registrants via their email address provided during registration. BOEM
will also send a Notice to Stakeholders, post on the NY Bight website,
and share on BOEM's digital media accounts.
ADDRESSES: The draft PEIS can be found on the NY Bight website at:
<a href="https://www.boem.gov/renewable-energy/state-activities/new-york-bight">https://www.boem.gov/renewable-energy/state-activities/new-york-bight</a>.
Comments can be submitted in any of the following ways:
<bullet> Orally or in written form during any of the public
meetings identified in this NOA.
<bullet> In-Person Meetings: BOEM will follow an informal, open
house format with a series of informational posters staffed by BOEM
subject matter experts who can share information with individual
attendees and answer questions one-on-one. Attendees can submit formal
public comments for the record by submitting comments on laptops
through the <a href="http://regulations.gov">regulations.gov</a> web portal, via handwritten comment cards,
or by individually recording oral comments. If additional
accommodations are needed, please contact <a href="/cdn-cgi/l/email-protection#294b464c44595c4b45404a484f4f48405b5a694b464c44074e465f"><span class="__cf_email__" data-cfemail="1a78757f776a6f787673797b7c7c7b7368695a78757f77347d756c">[email protected]</span></a> or
call (202) 517-1249 at least 7 days prior to the in-person meeting
date.
<bullet> Virtual Meetings: BOEM will provide an overview
presentation. Afterwards, members of the public may make formal, oral
public statements for the record. The meeting facilitator will mute the
audience during the meeting until individuals are called on to provide
comments in front of all attendees. Attendees can ask clarifying
questions to BOEM staff through the webinar Q&A function, which will be
explained after the public statements.
<bullet> All comments and questions received during the five public
meetings will be part of the public record.
<bullet> Delivered by mail or delivery service, enclosed in an
envelope labeled, ``NY BIGHT PEIS'' and addressed to Chief, Division of
Environmental Assessment, Office of Environmental Programs, Bureau of
Ocean Energy Management, 45600 Woodland Road, VAM-OEP, Sterling,
Virginia 20166; or
<bullet> Through the <a href="http://regulations.gov">regulations.gov</a> web portal: Navigate to
<a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for Docket No. BOEM-2024-0001.
Select the document in the search results on which you want to comment,
click on the ``Comment'' button, and follow the online instructions for
submitting your comment. A commenter's checklist is available on the
comment web page. Enter your information and comment, then click
``Submit.''
For more information about submitting comments, please see
``Information on Submitting Comments'' under the SUPPLEMENTARY
INFORMATION heading below.
FOR FURTHER INFORMATION CONTACT: Jill Lewandowski, BOEM Office of
Environmental Programs, 45600 Woodland Road, VAM-OEP, Sterling,
Virginia 20166, (703) 787-1703 or <a href="/cdn-cgi/l/email-protection#c0aaa9acaceeaca5b7a1aea4afb7b3aba980a2afa5adeea7afb6"><span class="__cf_email__" data-cfemail="f993909595d7959c8e98979d968e8a9290b99b969c94d79e968f">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Proposed Action: The draft PEIS assumes that a representative
project, including associated export cables, within a range of design
parameters informed by lessees, will be developed for the NY Bight and
considers the potential environmental impacts of that development. The
Proposed Action for the PEIS is the adoption of programmatic AMMM
measures that BOEM would require as conditions of approval for
activities proposed by lessees in COPs submitted for the NY Bight
unless the COP-specific NEPA analysis shows that implementation of such
measures is not warranted or effective. BOEM may require additional or
different measures based on subsequent, project-specific environmental
analyses. These AMMM measures are considered programmatic insofar as
they may be applied to COPs within the whole NY Bight area, not because
they necessarily will apply to COPs under BOEM's renewable energy
program outside of the NY Bight area. The PEIS considers the possible
change in potential impacts resulting from the application of
individual AMMM measures. The Proposed Action does not itself require
any actions by BOEM or lessees.
Alternatives: BOEM considered 19 alternatives when preparing the
draft PEIS and carried forward 3 alternatives for further analysis.
These three alternatives include two action alternatives and the no
action alternative. Sixteen alternatives were rejected because they did
not meet the purpose and need for the proposed action or did not meet
screening criteria, which are presented in chapter 2 of the draft PEIS.
The screening criteria included consistency with law and regulations;
technical and economic feasibility; environmental impact; and
geographic considerations.
Availability of the Draft PEIS: The draft PEIS and associated
information are available on the New York Bight website at: <a href="https://www.boem.gov/renewable-energy/state-activities/new-york-bight">https://www.boem.gov/renewable-energy/state-activities/new-york-bight</a>. If you
need a flash drive or paper copy, BOEM will provide one upon request,
as long as copies are available. You may request a flash drive or paper
copy of the draft PEIS by calling (703) 787-1703.
Cooperating Agencies: The following 13 Federal, State, and local
agencies participated as cooperating agencies in the preparation of the
draft PEIS: the Bureau of Safety and Environmental Enforcement; U.S.
Environmental Protection Agency; National Marine Fisheries Service;
U.S. Army Corps of Engineers; U.S. Coast Guard; U.S. Fish and Wildlife
Service; National Park Service; New Jersey Department of Environmental
Protection; New Bedford Port Authority; New York State Department of
State; New York State Department of Environmental Compliance; New
Jersey Board of Public Utilities; and the Massachusetts Office of
Coastal Zone Management. The following Tribal Nations participated as
Cooperating Tribal Governments in the preparation of the draft PEIS:
the Stockbridge-Munsee Community Band of Mohican Indians and the
Mashantucket (Western) Pequot Tribal Nation. The New York City Mayor's
Office of Environmental Coordination served as a participating agency
in the preparation of the draft PEIS.
Information on Submitting Comments: BOEM discourages anonymous
comments. Please include your full name as part of your comment. BOEM
makes all comments, including your name and any other personally
identifiable information (PII) in your comment, available for public
review. You may request that BOEM withhold your name, address, and any
other PII included in your comment from the public record. However,
BOEM cannot guarantee that it will be able to do so. If you wish your
name, address, and other PII to be withheld, you must state your
request prominently in a cover letter and explain the harm that you
fear
[[Page 2251]]
from its disclosure, such as unwarranted privacy invasion,
embarrassment, or injury.
Even if BOEM withholds your information in the context of this
notice, your comment is subject to the Freedom of Information Act
(FOIA) and any relevant court orders. If your comment is requested
under FOIA or any court order, your information will only be withheld
if BOEM determines that one of the FOIA exemptions to disclosure
applies or if the applicable court order is challenged. BOEM will make
its determination in accordance with the Department's FOIA regulations
and applicable law.
Please label privileged or confidential information as ``Contains
Confidential Information,'' and consider submitting such information as
a separate attachment. BOEM may consider information that is not
labeled as privileged or confidential as suitable for public release.
Request for Comment: BOEM requests data, comments, views,
information, analysis, or suggestions relevant to the analysis of the
Proposed Action from the public; affected Federal, Tribal, State, and
local governments, agencies, and offices; the scientific community;
industry; or any other interested party. Specifically, BOEM requests
information on the following topics:
1. In an effort to fully meet the intent of Executive Order (E.O.)
12898, ``Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations,'' and E.O. 14096,
``Revitalizing Our Nation's Commitment to Environmental Justice for
All,'' BOEM is considering several AMMM measures intended to mitigate
impacts to communities with environmental justice (EJ) concerns. These
measures include communication plans, provision of mitigation
resources, and reporting requirements (AMMM measures EJ-1 through EJ-
3). BOEM seeks input on the potential for these measures to reduce
impacts on communities with EJ concerns. In addition, BOEM developed an
EJ compensatory mitigation framework (EJ-4), per guidance issued by the
Federal Interagency Working Group on Environmental Justice and NEPA
Committee in its report ``Promising Practices for EJ Methodologies in
NEPA Reviews'' (2016). On page 48, the guidance states that agencies
``may wish to consider appropriate compensating mitigation'' when there
are unavoidable adverse impacts to environmental justice populations.
EJ engagement participants have indicated that offshore wind energy
development has potential for impacts that are not identified in
advance of construction and operations. Therefore, BOEM is seeking
feedback on the proposed language outlined in the EJ compensatory
mitigation AMMM measure (EJ-4) to address impacts that cannot be
avoided or minimized. In particular, BOEM requests feedback on the
following: (1) the lessee's financial contribution and how it is
calculated over the life of mitigation implementation; (2) what
constitutes an eligible impact to receive compensation; (3) appropriate
level of description and guidance surrounding a board of trustees to
administer the compensatory mitigation funds, including its
composition, bylaws, governance, and oversight; (4) fund management
criteria that need to be stated at the programmatic stage to advance
equity considerations; (5) fund distribution objectives; and (6)
defining recipients of fund distributions.
2. BOEM is soliciting feedback on AMMM measures related to
measuring, monitoring, and reducing noise and its impacts on marine
life. Specifically, BOEM seeks information on operational measures,
noise abatement technologies, and other techniques and procedures that
may be helpful to meet any marine noise reduction targets or to reduce
the impact of any noise introduced into the marine environment; the
cost and commercial feasibility of such measures and technologies in
meeting a target; and what criteria BOEM should consider in determining
whether a specific project could be exempted from a target. BOEM is
also seeking similar feedback on AMMM measures related to sound field
verification and long-term passive acoustic monitoring. BOEM requests
feedback on the currently written acoustic assessment and the use of
the relativistic risk assessment framework (appendix J in draft PEIS).
BOEM appreciates any information that can help improve its
applicability to the NY Bight and future projects.
Authority: 42 U.S.C. 4321 et seq. (NEPA, as amended), and 40 CFR
1506.6.
Karen Baker,
Chief, Office of Renewable Energy Programs, Bureau of Ocean Energy
Management.
[FR Doc. 2024-00512 Filed 1-11-24; 8:45 am]
BILLING CODE 4340-98-P
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