Notice2024-05649
Notice of Intent To Prepare an Environmental Impact Statement for the Proposed Atlantic Shores North Project on the U.S. Outer Continental Shelf Offshore New Jersey
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Published
March 18, 2024
Issuing agencies
Interior DepartmentOcean Energy Management Bureau
Abstract
The Bureau of Ocean Energy Management (BOEM) announces its intent to prepare an environmental impact statement (EIS) for a construction and operations plan (COP) of a proposed offshore wind energy project submitted by Atlantic Shores Offshore Wind, LLC (Atlantic Shores). This notice of intent (NOI) initiates the public scoping and comment process under the National Environmental Policy Act (NEPA) and under section 106 of the National Historic Preservation Act (NHPA). Atlantic Shores proposes to construct and operate the project in Renewable Energy Lease Area OCS-A 0549 (Lease Area), which is approximately 81,129 acres and located 8.4 statute miles (mi) (7.3 nautical miles) offshore New Jersey and approximately 60 mi offshore New York State. Atlantic Shores proposes to develop the entire Lease Area, known as the Atlantic Shores North Project (the Project).
Full Text
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<title>Federal Register, Volume 89 Issue 53 (Monday, March 18, 2024)</title>
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[Federal Register Volume 89, Number 53 (Monday, March 18, 2024)]
[Notices]
[Pages 19350-19354]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-05649]
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DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
[Docket No. BOEM-2024-0008]
Notice of Intent To Prepare an Environmental Impact Statement for
the Proposed Atlantic Shores North Project on the U.S. Outer
Continental Shelf Offshore New Jersey
AGENCY: Bureau of Ocean Energy Management, Interior.
ACTION: Notice of intent to prepare an environmental impact statement;
request for comments.
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SUMMARY: The Bureau of Ocean Energy Management (BOEM) announces its
intent to prepare an environmental impact statement (EIS) for a
construction and operations plan (COP) of a proposed offshore wind
energy project submitted by Atlantic Shores Offshore Wind, LLC
(Atlantic Shores). This notice of intent (NOI) initiates the public
scoping and comment process under the National Environmental Policy Act
(NEPA) and under section 106 of the National Historic Preservation Act
(NHPA). Atlantic Shores proposes to construct and operate the project
in Renewable Energy Lease Area OCS-A 0549 (Lease Area), which is
approximately 81,129 acres and located 8.4 statute miles (mi) (7.3
nautical miles) offshore New Jersey and approximately 60 mi offshore
New York State. Atlantic Shores proposes to develop the entire Lease
Area, known as the Atlantic Shores North Project (the Project).
DATES: Your comments must be received by BOEM on or before May 2, 2024
for timely consideration.
BOEM will hold three in-person and two virtual public scoping
meetings for the Atlantic Shores North EIS at the following dates and
times (eastern time):
In Person:
<bullet> Tuesday, April 9, 2024, 5:00 p.m.-9:00 p.m., The Berkeley
Hotel, 1401 Ocean Avenue, Asbury Park, New Jersey 07712
<bullet> Wednesday, April 10, 2024, 5:00 p.m.-9:00 p.m., Grand Oaks
Country Club, 200 Huguenot Avenue, Staten Island, New York 10312; and
<bullet> Thursday, April 11, 2024, 5:00 p.m.-9:00 p.m., Dyker Beach
Golf Course, 86th Street and 7th Avenue, Brooklyn, New York 11228;
Virtual:
<bullet> Wednesday, April 3, 2024, 1:00 p.m., and
<bullet> Tuesday, April 16, 2024, 5:00 p.m.
Registration for the virtual public meetings may be completed here:
<a href="https://www.boem.gov/renewable-energy/state-activities/new-jersey/atlantic-shores-north-ocs-0549">https://www.boem.gov/renewable-energy/state-activities/new-jersey/atlantic-shores-north-ocs-0549</a> or by calling (888) 788-0099 (toll
free). Registration for in-person meetings will occur on site. The
meetings are open to the public and free to attend.
ADDRESSES: Written comments can be submitted in any of the following
ways:
<bullet> Delivered by U.S. mail or other delivery service, enclosed
in an envelope labeled ``ATLANTIC SHORES North EIS'' and addressed to
Kimberly Sullivan, NEPA Coordinator, Environmental Branch for Renewable
Energy, Bureau of Ocean Energy Management, 45600 Woodland Road, VAM-
OREP, 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-2024-0008.
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 the
``Public Participation'' heading under SUPPLEMENTARY INFORMATION.
Detailed information about the proposed Project, including the COP
and instructions for making written comments, can be found on BOEM's
website at: <a href="https://www.boem.gov/renewable-energy/state-activities/new-jersey/atlantic-shores-north-ocs-0549">https://www.boem.gov/renewable-energy/state-activities/new-jersey/atlantic-shores-north-ocs-0549</a>.
FOR FURTHER INFORMATION CONTACT: Kimberly Sullivan, Office of Renewable
Energy Programs, Bureau of Ocean Energy Management, 45600 Woodland
Road, Sterling, Virginia 20166, telephone (702) 338-4766, or email
<a href="/cdn-cgi/l/email-protection#90dbf9fdf2f5e2fce9bec3e5fcfcf9e6f1fed0f2fff5fdbef7ffe6"><span class="__cf_email__" data-cfemail="692200040b0c1b0510473a1c0505001f0807290b060c04470e061f">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Purpose of and Need for the Proposed Action
In Executive Order 14008, ``Tackling the Climate Crisis at Home and
Abroad,'' issued on January 27, 2021, President Joseph R. Biden stated
that the policy of his administration is ``to organize and deploy the
full capacity of its agencies to combat the climate crisis to implement
a government-wide approach that reduces climate pollution in every
sector of the economy; increases resilience to the impacts of climate
change; protects public health; conserves our lands, waters, and
biodiversity; delivers environmental justice; and spurs well-paying
union jobs and economic growth, especially through innovation,
commercialization, and deployment of clean energy technologies and
infrastructure.''
Through a competitive leasing process conducted under 30 CFR
585.211-585.225, BOEM awarded US Wind, LLC, the Commercial Lease OCS-A
0499, covering an area offshore New Jersey. BOEM approved an assignment
of 100 percent interest in the lease to EDF Renewables Development,
Inc., in December 2018, and then to Atlantic Shores in August 2019.
BOEM approved the segregation of Lease OCS-A 0499 into two separate
leases in April 2022. The northern portion of OCS-A 0499 was retained
by Atlantic Shores Offshore Wind, LLC and given a new lease number,
OCS-A 0549. Lease OCS-A 0499 is commonly referred to as Atlantic Shores
South, and Lease OCS-A 0549 is commonly referred to as
[[Page 19351]]
Atlantic Shores North. This NOI only addresses activities within and in
support of potential development of Lease OCS-A 0549, Atlantic Shores
North.
Atlantic Shores has the exclusive right to submit a COP for
activities within the Lease Area. Atlantic Shores submitted a COP to
BOEM proposing the construction, operation, maintenance, and conceptual
decommissioning of an offshore wind energy facility in Lease Area OCS-
A-0549, known as the Atlantic Shores North Project, in accordance with
BOEM's COP regulations under 30 CFR 585.626, et seq.
Atlantic Shores' goal is to develop a commercial-scale offshore
wind energy facility in the Lease Area to provide renewable energy to
the States of New Jersey and/or New York. Atlantic Shores proposes to
construct up to 157 wind turbine generators (WTG) in a 1.1 mil 0.7 mi
(1 nm x 0.6 nm) grid distributed across the Lease Area. Up to 8 small,
4 medium, or 3 large offshore substations (OSS) are proposed within
identified rows of structures. There may also be one permanent
meteorological (met) tower constructed and up to two temporary
meteorological and oceanographic (metocean) buoys installed during
construction. Together, the WTGs, OSSs, and met tower and metocean
buoys consist of up to 168 offshore structures (Proposed Action).
Two offshore export cable corridors (ECC) are proposed to transmit
electricity from the lease area to shore. The proposed Monmouth ECC
would make landfall in Sea Girt, New Jersey. The proposed Northern ECC
may split, making landfall in the New York City area or in the Asbury
Park, New Jersey, area. Multiple onshore interconnection cable routes
have been identified from the landing sites to five proposed points of
interconnection (POIs). The proposed POIs are the Larrabee and Atlantic
substations in Monmouth County, New Jersey; Fresh Kills and Goethals
substations in Richmond County, New York; and Gowanus substation in
Kings County, New York. Atlantic Shores is actively seeking one or more
offshore renewable energy credit (OREC) or power purchase agreement
(PPA) awards for this project.
Based on BOEM's authority under the Outer Continental Shelf Lands
Act (OCSLA) (43 U.S.C. 1331 et seq.) to authorize renewable energy
activities on the Outer Continental Shelf (OCS), Executive Order 14008,
the shared goals of the Federal agencies to deploy 30 gigawatts (GW) of
offshore wind in the United States by 2030, while protecting
biodiversity and promoting ocean co-use, and in consideration of
applicant's goals, the purpose of BOEM's action is to determine whether
to approve, approve with modifications, or disapprove Atlantic Shores'
COP. BOEM will make its determination after weighing the factors in
subsection 8(p)(4) of OCSLA that are applicable to plan decisions and
in consideration of the above goals. BOEM's action is needed to fulfill
its duties under the lease, which requires BOEM to make a decision on
the lessee's plan to construct and operate a commercial-scale, offshore
wind energy facility(ies) in the Lease area.
In addition, the National Oceanic and Atmospheric Administration's
National Marine Fisheries Service (NMFS) anticipates one or more
requests for authorization under the Marine Mammal Protection Act
(MMPA) (16 U.S.C. 1361 et seq.) to take marine mammals incidental to
construction activities related to the Project. NMFS's issuance of an
MMPA incidental take authorization would be a major Federal action
connected to BOEM's action (40 CFR 1501.9(e)(1)). The purpose of the
NMFS action--which is a direct outcome of Atlantic Shores' request for
authorization to take marine mammals incidental to specified activities
associated with the Project (e.g., pile driving)--is to evaluate
Atlantic Shores' request pursuant to specific requirements of the MMPA
and its implementing regulations administered by NMFS, considering
impacts of the Atlantic Shores North Project's activities on relevant
resources and, if appropriate, issue the permit or authorization. NMFS
needs to render a decision regarding the request for authorization due
to NMFS's responsibilities under the MMPA (16 U.S.C. 1371(a)(5)(A)) and
its implementing regulations. If NMFS makes the findings necessary to
issue the requested authorization, NMFS intends to adopt, after
independent review, BOEM's EIS to support that decision and fulfill its
NEPA requirements.
The U.S. Army Corps of Engineers (USACE) Philadelphia District
anticipates requests for authorizing a permit action to be undertaken
through authority delegated to the district engineer by 33 CFR 325.8,
under section 10 of the Rivers and Harbors Act of 1899 (RHA) (33 U.S.C.
403) and section 404 of the Clean Water Act (CWA) (33 U.S.C. 1344). In
addition, it is anticipated that a section 408 permission will be
required pursuant to section 14 of the RHA (33 U.S.C. 408), for any
proposed alterations that have the potential to alter, occupy, or use
any existing federally authorized civil works projects.
The USACE considers issuance of permits and permissions under these
three delegated authorities a major Federal action connected to BOEM's
action (40 CFR 1501.9(e)(1)). The need for the project as provided by
the applicant in volume 1, section 1.2 of the COP and reviewed by USACE
for NEPA purposes is to provide a commercially viable offshore wind
energy project within the Lease Area to supply electricity in support
of renewable and offshore wind energy goals established by the State of
New Jersey and the State of New York.
The basic Project purpose, as determined by USACE for section
404(b)(1) guidelines evaluation, is offshore wind energy generation.
The overall project purpose for section 404(b)(1) guidelines
evaluation, as determined by USACE, is the construction and operation
of a commercial-scale, offshore wind energy project for renewable
energy generation in Lease Area OCS-A 0549 offshore New Jersey and
transmission to the New Jersey and/or New York energy grid.
The purpose of USACE section 408 action as determined by Engineer
Circular 1165-2-220 is to evaluate the applicant's request and
determine whether the proposed alterations are injurious to the public
interest or impair the usefulness of the USACE project. The USACE
section 408 permission is needed to ensure that congressionally
authorized projects continue to provide their intended benefits to the
public.
USACE intends to adopt BOEM's EIS to support its decision on any
permits or permissions requested under section 10 of the RHA, section
404 of the CWA, and section 408 of the RHA. The USACE would adopt the
EIS per 40 CFR 1506.3 if, after its independent review of the document,
it concludes that the EIS satisfies the USACE's comments and
recommendations. Based on its participation as a cooperating agency and
its consideration of BOEM's EIS, USACE intends to issue a record of
decision (ROD) to formally document its decision on the Proposed
Action.
The U.S. Environmental Protection Agency (EPA) Region 2 anticipates
requests under section 402 of the CWA for an individual National
Pollutants Discharge Elimination System (NPDES) permit to authorize
discharges to surface waters from operation of a high voltage direct
current (HVDC) OSS and the installation of suction bucket foundations
on the U.S. OCS. EPA intends to rely on the Final EIS to support its
decision on NPDES permit issuance.
[[Page 19352]]
Proposed Action and Preliminary Alternatives
Atlantic Shores proposes to construct and operate an offshore wind
energy facility within Lease Area OCS-A-0549, with up to 168 total
foundation locations. Offshore components for the Atlantic Shores North
Project include up to 157 WTGs and up to 8 small, 4 medium, or 3 large
OSSs, foundations and associated scour protection for WTGs, associated
interarray cables, up to 8 high voltage alternating current (HVAC) and
HVDC submarine export cable routes in 2 offshore ECCs, cable
protection, up to 1 permanent met tower, and up to 2 temporary metocean
buoys.
Atlantic Shores is considering monopile, piled jacket, mono-
buckets, suction-bucket jackets, suction bucket tetrahedron bases,
gravity-based structures, or gravity-pad tetrahedron base foundation
types to support the WTGs and OSSs. The WTGs, OSSs, foundations, and
interarray cables would be located entirely within the Lease Area. Two
offshore export cable corridors are proposed to transmit electricity
from the lease areas to shore. Additional details on the ECCs and
onshore facilities are described under the Purpose and Need section of
this NOI.
BOEM will evaluate reasonable alternatives to the Proposed Action
that are identified during the scoping period and included in the draft
EIS, including a no action alternative. Under the no action
alternative, BOEM would disapprove the Atlantic Shores North COP, and
the proposed wind energy facility described in the COP would not be
built within the Lease Area.
In addition to the Proposed Action and the no action alternative
(i.e., disapproval of the COP), potential alternatives that the draft
EIS could analyze include the following preliminary alternatives.
<bullet> Uniform Grid Alternative: Move all permanent structures
that narrow any linear rows and columns to fewer than 0.6 nautical
miles (1,100 meters) or in a layout that eliminates two distinct lines
of orientation in a grid pattern.
<bullet> Visual Minimization Alternative: BOEM intends to examine
height restrictions and setbacks to reduce visual impacts.
<bullet> Habitat and Fisheries Impact Minimization Alternative:
BOEM intends to examine alternatives that would reduce impacts to
habitat and fisheries.
After completing the EIS and associated consultations, BOEM will
decide through a ROD whether to approve, approve with modification, or
disapprove the Atlantic Shores North Project COP. If BOEM approves the
COP, Atlantic Shores must comply with all conditions of its approval.
Summary of Potential Impacts
The draft EIS will identify and describe the potential effects of
the Proposed Action and the alternatives on the human environment.
Those potential effects must be reasonably foreseeable and must have a
reasonably close causal relationship to the Proposed Action and the
alternatives. Such effects include those that occur at the same time
and place as the Proposed Action and alternatives and those that are
later in time or occur in a different place.
Potential effects include, but are not limited to, impacts (whether
beneficial or adverse) on air quality; water quality; bats; benthic
habitat; essential fish habitat; invertebrates; finfish; birds; marine
mammals; terrestrial and coastal habitats and fauna; sea turtles;
wetlands and other waters of the United States; commercial fisheries
and for-hire recreational fishing; cultural resources; Tribal issues of
concern; demographics; employment; economics; environmental justice;
land use and coastal infrastructure; navigation and vessel traffic;
other marine uses; recreation and tourism; and visual resources. These
potential effects will be analyzed in the draft and final EIS.
Based on a preliminary evaluation of the resources listed in the
preceding paragraph, BOEM expects potential impacts on sea turtles and
marine mammals from underwater noise caused by construction and from
collision risks with Project-related vessel traffic. Structures
installed by the Project could permanently change benthic and fish
habitats (e.g., creation of artificial reefs). Commercial fisheries and
for-hire recreational fishing could be impacted. Project structures
above the water could affect the visual character defining historic
properties and recreational and tourism areas. Project structures also
would pose an allision and height hazard to vessels passing close by,
and vessels would, in turn, pose a hazard to the structures.
Additionally, the Project might cause conflicts with military
activities, air traffic, land-based radar services, cables and
pipelines, and scientific surveys. The EIS will analyze all significant
impacts, as well as potential measures that would avoid, minimize, or
mitigate identified non-beneficial impacts.
Beneficial impacts are also expected by facilitating achievement of
State renewable energy goals, increasing job opportunities, improving
air quality, and addressing climate change through E.O. 14008.
(i) Anticipated Permits and Authorizations
In addition to the requested COP approval, various other Federal,
State, and local authorizations will be required for the Project.
Applicable Federal laws include the Endangered Species Act,
Magnuson[hyphen]Stevens Fishery Conservation and Management Act, MMPA,
RHA, CWA, Clean Air Act section 328, and the Coastal Zone Management
Act. BOEM will also conduct government-to-government Tribal
consultations. For a detailed listing of regulatory requirements
applicable to the Project, please see the COP, volume I, available at
<a href="https://www.boem.gov/renewable-energy/state-activities/new-jersey/atlantic-shores-north-ocs-0549">https://www.boem.gov/renewable-energy/state-activities/new-jersey/atlantic-shores-north-ocs-0549</a>.
(ii) BOEM has chosen to use the NEPA process to fulfill its
obligations under NHPA. While BOEM's obligations under NHPA and NEPA
are independent, regulations implementing section 106 of NHPA at 36 CFR
800.8(c) allow the NEPA process and documentation to substitute for
various aspects of the NHPA review. This process is intended to improve
efficiency, promote transparency and accountability, and support a
broadened discussion of potential effects that the Project could have
on the human environment. During preparation of the EIS, BOEM will
ensure that the NEPA process will fully meet all NHPA obligations.
(iii) Schedule for the Decision-Making Process
After the draft EIS is completed, BOEM will publish a notice of
availability (NOA) and request public comments on the draft EIS. BOEM
currently expects to issue the NOA for the draft EIS in June 2025.
After the public comment period ends, BOEM will review and respond to
comments received and will develop the final EIS. BOEM currently
expects to make the final EIS available to the public in March 2026. A
ROD will be completed no sooner than 30 days after the final EIS is
released, in accordance with 40 CFR 1506.11.
This Project is a ``covered project'' under section 41 of the
Fixing America's Surface Transportation Act (FAST-41). FAST-41 provides
increased transparency and predictability by requiring Federal agencies
to publish comprehensive permitting timetables for all covered
projects. FAST-41 also provides procedures for modifying permitting
timetables to address the unpredictability inherent in the
[[Page 19353]]
environmental review and permitting process for significant
infrastructure projects. To view the FAST-41 Permitting Dashboard for
the Project, visit: <a href="https://www.permits.performance.gov/permitting-project/fast-41-covered-projects/atlantic-shores-north">https://www.permits.performance.gov/permitting-project/fast-41-covered-projects/atlantic-shores-north</a>.
Scoping Process
This NOI commences the public scoping process to identify issues
and potential alternatives for consideration in the Atlantic Shores
North EIS. BOEM will hold three in-person and two virtual public
scoping meetings at the times and dates described above under the
``DATES'' heading. Throughout the scoping process, Federal agencies,
Tribes, State and local governments, and the public will have the
opportunity to help BOEM identify significant resources and issues,
impact-producing factors, reasonable alternatives (e.g., size,
geographic, seasonal, or other restrictions on construction and siting
of facilities and activities), and potential mitigation measures to be
analyzed in the EIS, as well as to provide additional information.
As noted above, BOEM will use the NEPA process to comply with NHPA.
BOEM will consider all written requests from individuals and
organizations to participate as consulting parties under NHPA and, as
discussed below, will determine who among those parties will be a
consulting party in accordance with NHPA regulations.
NEPA Cooperating Agencies
BOEM invites other Federal agencies and State and local governments
to consider becoming cooperating agencies and invites federally
recognized Tribes to become cooperating Tribal governments in the
preparation of this EIS. The Council on Environmental Quality (CEQ)
NEPA regulations specify that cooperating agencies and governments are
those with ``jurisdiction by law or special expertise.'' Potential
cooperating agencies should consider their authority and capacity to
assume the responsibilities of a cooperating agency and should be aware
that 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.
BOEM has provided potential cooperating agencies with a written
summary of expectations for cooperating agencies, including schedules,
milestones, responsibilities, scope and detail of cooperating agencies'
expected contributions, and availability of pre-decisional information.
BOEM anticipates this summary will form the basis for a memorandum of
agreement between BOEM and any non-Department of the Interior
cooperating agency. Agencies should also consider the factors for
determining cooperating agency status in the CEQ memorandum entitled
``Cooperating Agencies in Implementing the Procedural Requirements of
the National Environmental Policy Act,'' dated January 30, 2002. This
document is available on the internet 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, does not provide financial assistance to
cooperating agencies.
Governmental entities that are not cooperating agencies will have
opportunities to provide information and comments to BOEM during the
public input stages of the NEPA process.
NHPA Consulting Parties
Individuals and organizations with a demonstrated interest in the
Project can request to participate as NHPA consulting parties under 36
CFR 800.2(c)(5) based on their legal or economic stake in historic
properties affected by the Project.
Before issuing this NOI, BOEM compiled a list of potential
consulting parties and invited them to become consulting parties. To
become a consulting party, those invited must respond in writing by the
requested response date.
Interested individuals and organizations that did not receive a
written invitation can request to be consulting parties by writing to
the staff NHPA contact at ICF International, Inc., the third-party EIS
contractor supporting BOEM in its administration of this review. ICF's
NHPA contact for this review is Maureen McCoy at
<a href="/cdn-cgi/l/email-protection#adecfee2faf2e3c2dfd9c5f2fec8ced9c4c2c39c9d9bedc4cecb83cec2c0"><span class="__cf_email__" data-cfemail="f3b2a0bca4acbd9c81879baca09690879a9c9dc2c3c5b39a9095dd909c9e">[email protected]</span></a>. BOEM will determine which interested
parties should be consulting parties.
Public Participation
Federal agencies, Tribes, State and local governments, interested
parties, and the public are requested to comment on the scope of this
EIS, significant issues that should be addressed, and alternatives that
should be considered.
Information on Submitting Comments
a. Freedom of Information Act
BOEM will protect your privileged and confidential information as
required by the Freedom of Information Act (FOIA). Exemption 4 of FOIA
applies to trade secrets and commercial or 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
exemption from disclosure under FOIA. 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.
b. Personally Identifiable Information (PII)
BOEM discourages 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 other personally
identifiable information included in your comment, may be made publicly
available. All comments from individuals, businesses, and organizations
will be available for public viewing on <a href="http://regulations.gov">regulations.gov</a>.
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. If your submission is
requested under FOIA, your information will only be withheld if a
determination is made that one of FOIA's exemptions to disclosure
applies. Such a determination will be made in accordance with the
Department's FOIA regulations and applicable law.
c. Section 304 of the NHPA (54 U.S.C. 307103(a))
After consultation with the Secretary, BOEM is required to withhold
the location, character, or ownership of historic resources if it
determines that disclosure may, among other things, risk harm to the
historic resources or impede the use of a traditional religious site by
practitioners. Tribal entities should
[[Page 19354]]
designate information that falls under section 304 of NHPA as
confidential.
(i) Request for Identification of Potential Alternatives,
Information, and Analyses Relevant to the Proposed Action
BOEM requests data, comments, views, information, analysis,
alternatives, or suggestions relevant to 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. Potential effects that the Proposed Action could have on
biological resources, including bats, birds, coastal fauna, finfish,
invertebrates, essential fish habitat, marine mammals, and sea turtles.
2. Potential effects that the Proposed Action could have on
physical resources and conditions including air quality, water quality,
wetlands, and other waters of the United States.
3. Potential effects that the Proposed Action could have on
socioeconomic and cultural resources, including commercial fisheries
and for-hire recreational fishing, demographics, employment, economics,
environmental justice, land use and coastal infrastructure, navigation
and vessel traffic, other uses (marine minerals, military use,
aviation), recreation and tourism, and scenic and visual resources.
4. Other possible reasonable alternatives to the Proposed Action
that BOEM should consider, including additional or alternative
avoidance, minimization, and mitigation measures.
5. As part of its compliance with NHPA section 106 and its
implementing regulations (36 CFR part 800), BOEM seeks comment and
input from the public and consulting parties regarding the
identification of historic properties within the Proposed Action's area
of potential effects, the potential effects on those historic
properties from the activities proposed in the COP, and any information
that supports identification of historic properties under NHPA. BOEM
also solicits proposed measures to avoid, minimize, or mitigate any
adverse effects on historic properties. BOEM will present available
information regarding known historic properties during the public
scoping period at <a href="https://www.boem.gov/renewable-energy/state-activities/new-jersey/atlantic-shores-north-ocs-0549">https://www.boem.gov/renewable-energy/state-activities/new-jersey/atlantic-shores-north-ocs-0549</a>. BOEM's effects
analysis for historic properties will be available for public and
consulting party comment with the draft EIS.
6. Information on other current or planned activities in, or in the
vicinity of, the Proposed Action, their possible impacts on the
Project, and the Project's possible impacts on those activities.
7. Other information relevant to the Proposed Action and its
impacts on the human environment.
To promote informed decision-making, comments should be as specific
as possible and should provide as much detail as necessary to
meaningfully and fully inform BOEM of the commenter's position.
Comments should explain why the issues raised are important to the
consideration of potential environmental impacts and possible
alternatives to the Proposed Action, as well as economic, employment,
and other impacts affecting the quality of the human environment.
The draft EIS will include a summary of all alternatives,
information, and analyses submitted during the scoping process for
consideration by BOEM and the cooperating agencies.
Authority: 42 U.S.C. 4321 et seq., and 40 CFR 1501.9.
Karen J. Baker,
Chief, Office of Renewable Energy Programs, Bureau of Ocean Energy
Management.
[FR Doc. 2024-05649 Filed 3-15-24; 8:45 am]
BILLING CODE 4340-98-P
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</html>Indexed from Federal Register on March 18, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.