Commercial Wind Leasing and Site Assessment Activities on the Atlantic Outer Continental Shelf (OCS) Offshore North Carolina, 74218-74220 [2012-30091]
Download as PDF
<![CDATA[
74218
Federal Register / Vol. 77, No. 240 / Thursday, December 13, 2012 / Notices
Persons interested in reviewing
environmental documents for the
proposals listed above or obtaining
information about the SEAs and FONSIs
prepared by the Gulf of Mexico OCS
Region are encouraged to contact BOEM
at the address or telephone listed in the
FOR FURTHER INFORMATION CONTACT
section.
Dated: November 13, 2012.
John Rodi,
Regional Director, Gulf of Mexico OCS Region.
[FR Doc. 2012–30084 Filed 12–12–12; 8:45 am]
BILLING CODE 4310–MR–P
DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
[Docket No. BOEM–2012–0090]
Commercial Wind Leasing and Site
Assessment Activities on the Atlantic
Outer Continental Shelf (OCS)
Offshore North Carolina
Bureau of Ocean Energy
Management (BOEM), Interior.
ACTION: Notice of Intent To Prepare an
Environmental Assessment.
AGENCY:
BOEM is publishing this
Notice of Intent To Prepare an
Environmental Assessment (EA) for the
purpose of involving Federal agencies,
states, tribes, local governments,
offshore wind energy developers, and
the public in the Department of the
Interior’s (DOI) ‘‘Smart from the Start’’
wind energy initiative offshore North
Carolina. The ‘‘Smart from the Start’’
wind energy initiative is designed to
identify areas that appear to be suitable
for wind energy leasing on the OCS,
known as Wind Energy Areas (WEAs)
and to obtain public and expert input
that will inform DOI’s decisionmaking
with regard to issuing leases and
approving site assessment activities in
these areas, in accordance with
applicable DOI regulations and the
Council on Environmental Quality
(CEQ) regulations implementing the
provisions of the National
Environmental Policy Act (NEPA) of
1969 as amended (42 U.S.C. 4321 et
seq.).
The ‘‘Smart from the Start’’ initiative
involves coordinated environmental
studies, large-scale planning processes,
and expedited review procedures within
these areas to achieve an efficient and
responsible renewable energy leasing
process. More information on the
‘‘Smart from the Start’’ initiative can be
found at: https://boem.gov/RenewableEnergy-Program/Smart-from-the-Start/
Index.aspx.
srobinson on DSK4SPTVN1PROD with
SUMMARY:
VerDate Mar<15>2010
16:21 Dec 12, 2012
Jkt 229001
In consultation with other Federal
agencies and the BOEM North Carolina
Intergovernmental Renewable Energy
Task Force, BOEM has identified three
areas under consideration for potential
future wind energy leasing offshore
North Carolina (Call Areas). These Call
Areas are identified in the document
entitled, Commercial Leasing for Wind
Power on the Outer Continental Shelf
Offshore North Carolina-Call for
Information and Nominations (Call),
which is being published concurrently
with this Notice. The publication of a
Call is the first public step in BOEM’s
offshore wind planning process for
North Carolina, and additional
opportunities for public involvement
are required before any commercial
wind leases would be issued. A
commercial lease gives the lessee the
exclusive right to subsequently seek
BOEM approval for the development of
the leasehold. The lease does not grant
the lessee the right to construct any
facilities; rather, the lease grants the
lessee the right to use the leased area to
develop its plans, which BOEM must
approve before the lessee can move on
to the next stage of the process. See 30
CFR 585.600 and 585.601.
BOEM intends to prepare an EA,
which is the subject of this Notice, that
will consider the environmental
consequences associated with the
possible future issuance of commercial
wind leases and approving site
assessment activities on those leases
(within all or some of these Call Areas).
BOEM is seeking public input regarding
the identification of the alternatives to
be considered in the EA, as well as the
environmental and/or socioeconomic
issues to be analyzed.
Furthermore, section 106 of the
National Historic Preservation Act (16
U.S.C. 470f) and its implementing
regulations at 36 CFR 800 require
Federal agencies to consider the effects
of their actions on historic properties,
and afford the Advisory Council on
Historic Properties an opportunity to
comment (36 CFR 800.1). Therefore,
BOEM will conduct Section 106 review
for the issuance of leases and approval
of site assessment activities within some
or all of the Call Areas, in coordination
with its environmental review. As part
of this Section 106 review, BOEM will
initiate consultation with state historic
preservation officer, tribal officials, and
others. With the publication of this
Notice, BOEM is reaching out to the
general public for comments regarding
the identification of historic properties
or potential effects to historic properties
from leasing and site assessment
activities in the Call Areas. Submitted
information will allow BOEM to
PO 00000
Frm 00055
Fmt 4703
Sfmt 4703
consider the views of the public and
document historic preservation
concerns early in the Section 106
process.
Authority: This Notice of Intent to prepare
an EA is published pursuant to 43 CFR
46.305.
FOR FURTHER INFORMATION CONTACT:
Michelle Morin, BOEM Office of
Renewable Energy Programs, 381 Elden
Street, HM 1328, Herndon, Virginia
20170–4817, (703) 787–1340 or
michelle.morin@BOEM.gov.
SUPPLEMENTARY INFORMATION:
1. The OCS Wind Energy Planning,
Leasing and Development Process
There are four key phases in the wind
energy planning, leasing and
development process on the OCS: (1)
Planning and siting; (2) lease issuance;
(3) approval of a site assessment plan
(SAP); and (4) approval of a
construction and operations plan (COP).
Publication of the Call and this NOI are
steps in the first phase of this process.
The second phase, issuance of a
commercial renewable energy lease,
gives the lessee an exclusive right to
submit plans, the approval of which is
necessary for a lessee to advance to the
next stage of the renewable energy
development process. The third phase is
the applicant’s submission and BOEM’s
subsequent review and approval of a
SAP. Approval of a SAP allows the
lessee to construct and install
equipment on the leasehold, such as a
meteorological tower and/or buoys, to
perform site assessment functions. See
30 CFR 585.600–585.601; 585.605–
585.618. Site characterization activities
are necessary to support a lessee’s
proposed site assessment activities (e.g.,
geological and geophysical surveys and
core samples) and the lessee must
submit the results of such surveys with
the supporting data in its SAP. See 30
CFR 585.610. The submission of a SAP
is separate from the submission of a
COP. After the lessee has collected the
additional site characterization and
assessment data necessary for a COP,
the lessee may submit its COP. The COP
would be subject to additional project
specific environmental review. The
approval of the COP would authorize
the construction and operation of a
renewable energy generation facility on
the lease. See 30 CFR 585.620–585.629.
2. Proposed Action and Scope of
Analysis
The proposed action that will be the
subject of the EA is the issuance of
renewable energy leases within all or
some of the Call Areas described in this
Notice, and the approval of site
E:\FR\FM\13DEN1.SGM
13DEN1
srobinson on DSK4SPTVN1PROD with
Federal Register / Vol. 77, No. 240 / Thursday, December 13, 2012 / Notices
assessment activities on those leases
(i.e., Phases 2 and 3 of the wind energy
planning, leasing and development
process). BOEM will also consider in
the EA the environmental impacts
associated with the site characterization
activities that it anticipates lessees
might eventually undertake to fulfill the
SAP and COP information requirements
at 30 CFR 585.610 and 585.626,
respectively.
Additional analysis under NEPA will
be required before any future decision is
made regarding the approval of the
construction or operation of any wind
energy facility on leases that may be
issued within all or some of these Call
Areas. If and when a lessee is ready to
begin the final phase of renewable
energy development, it will submit a
COP. If, in the future, a COP is
submitted for a particular project on a
lease, BOEM would undertake a
separate site- and project-specific NEPA
analysis and consultations. This specific
NEPA analysis would likely take the
form of an Environmental Impact
Statement (EIS) and would provide
additional opportunities for public
involvement pursuant to NEPA and the
CEQ regulations at 40 CFR 1500–1508.
The NEPA process would provide the
public and Federal officials with
comprehensive site- and project-specific
information, which would consider the
reasonably foreseeable environmental
impacts of the specific project the lessee
is proposing. These potential impacts
will be taken into account when
deciding whether to approve, approve
with modification, or disapprove the
COP pursuant to 30 CFR 585.628.
Based on the information submitted
in response to this Notice and the Call,
BOEM will determine the level of
interest in the Call Areas and identify
the areas that would be appropriate to
move forward with in BOEM’s offshore
wind planning, leasing, and
development process. The areas
identified will constitute WEA(s) under
the ‘‘Smart from the Start’’ initiative,
and will be the area(s) analyzed in this
EA. That step in the process is referred
to as Area Identification.
This EA, will consider the
environmental consequences associated
with reasonably foreseeable leasing
scenarios (not development itself),
reasonably foreseeable site
characterization scenarios within these
lease areas (including geophysical,
geotechnical, archaeological, and
biological surveys), and reasonably
foreseeable site assessment scenarios
(including the installation and operation
of meteorological towers and buoys) on
the leases that may be issued within all
or some of the Call Areas. At a
VerDate Mar<15>2010
16:21 Dec 12, 2012
Jkt 229001
minimum, two alternatives will be
considered: no action (i.e., no issuance
of leases or approval of site assessment
activities); and the issuance of leases
and approval of site assessment
activities within the identified
portion(s) of the Call Areas. BOEM is
therefore soliciting input on these and/
or other alternatives, and on the
environmental and socioeconomic
issues to be considered in this EA
related to the potential environmental
effects of the activities listed above.
Federal, state, and local government
agencies, tribal governments, and other
interested parties may assist BOEM in
determining the issues, and any
additional alternatives, to be analyzed
in the EA. Input is also requested on
measures (e.g., limitations on activities
based on technology, distance from
shore, or timing) that could lessen
impacts to environmental resources and
socioeconomic conditions that could
result from leasing, site characterization,
and site assessment activities taking
place in the Call Areas or from support
activities taking place outside the Call
Areas. Consultation with other Federal
agencies, tribal governments, and
affected states will be carried out during
the EA process and will be completed
before a final decision is made on
whether any particular lease will be
issued or site assessment activities on
those leases approved.
If BOEM determines during the EA
process that issuing leases and
conducting site characterization and
assessment activities within the Call
Areas would result in significant
environmental impacts, BOEM will
publish a Notice of Intent to prepare an
EIS for the issuance of renewable energy
leases and approval of site assessment
activities within all or some of these
Call Areas. If BOEM determines during
the EA process that issuing leases and
conducting site characterization and
assessment activities within the Call
Areas would not result in significant
environmental impacts, BOEM will
issue a Finding of No Significant Impact
(FONSI). After either a FONSI is issued
or the EIS process is completed, BOEM
may issue one or more renewable energy
leases within all or some of these Call
Areas. In the event that a particular
lease is issued, and the lessee submits
a SAP, BOEM will determine whether
the EA adequately considers the
environmental impacts of the activities
proposed in the lessee’s SAP. If the
analysis in the EA adequately addresses
these impacts, then no further NEPA
analysis would be required before the
SAP is approved. If the EA analysis is
inadequate, additional NEPA analysis
PO 00000
Frm 00056
Fmt 4703
Sfmt 4703
74219
would be conducted before the SAP
could be approved.
3. Information That Will Be
Incorporated Into the EA
On November 6, 2007, BOEM
published a Notice of Availability
(NOA) in the Federal Register (72 FR
62,672) of the Programmatic EIS for
Alternative Energy Development and
Production and Alternate Use of
Facilities on the Outer Continental
Shelf, Final EIS (OCS Report MMS
2007–046) (Programmatic EIS). On
February 3, 2012, BOEM published a
NOA in the Federal Register (77 FR
5560) of the Final EA for Commercial
Wind Lease Issuance and Site
Assessment Activities on the Atlantic
Outer Continental Shelf Offshore New
Jersey, Delaware, Maryland, and
Virginia (OCS EIS/EA BOEM 2012–003)
(Mid-Atlantic EA), which addressed
activities similar to those to be
addressed in the EA for which this
Notice is being published.
BOEM will incorporate the
environmental and socioeconomic
analyses of site characterization and
assessment activities from the
Programmatic EIS, Mid-Atlantic EA, and
other public information to help inform
its analysis in this EA. The EA will
incorporate the principles of national
ocean policy, including comprehensive
interagency coordination.
4. Description of the Call Areas
A detailed description of the Call
Areas can be found in the Call that is
being published concurrently with this
Notice.
A map of the Call Area can be found
at the following URL: https://
www.boem.gov/Renewable-EnergyProgram/State-Activities/NorthCarolina.aspx.
5. Cooperating Agencies
BOEM invites Federal, state, and local
government agencies, as well as tribal
governments, to consider becoming
cooperating agencies in the preparation
of this EA. CEQ regulations
implementing the procedural provisions
of NEPA define cooperating agencies as
those with ‘‘jurisdiction by law or
special expertise’’ (40 CFR 1508.5).
Potential cooperating agencies should
consider their authority and capacity to
assume the responsibilities of a
cooperating agency and remember 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.
Upon request, BOEM will provide
potential cooperating agencies with a
E:\FR\FM\13DEN1.SGM
13DEN1
74220
Federal Register / Vol. 77, No. 240 / Thursday, December 13, 2012 / Notices
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 Cooperating
Agency Status’’ in Attachment 1 to
CEQ’s January 30, 2002, Memorandum
for the Heads of Federal Agencies:
Cooperating Agencies in Implementing
the Procedural Requirements of the
NEPA. These documents are available
at: https://ceq.hss.doe.gov/nepa/regs/
cooperating/cooperatingagencies
memorandum.html. and: https://
ceq.hss.doe.gov/nepa/regs/cooperating/
cooperatingagencymemofactors.html.
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.
6. Comments
srobinson on DSK4SPTVN1PROD with
Federal, state, local government
agencies, tribal governments, and other
interested parties are requested to send
their written comments regarding
environmental issues and the
identification of reasonable alternatives
related to the proposed action described
in this Notice in one of the following
ways:
1. Electronically: https://
www.regulations.gov. In the entry titled
‘‘Enter Keyword or ID,’’ enter BOEM–
2012–0090, then click ‘‘search.’’ Follow
the instructions to submit public
comments and view supporting and
related materials available for this
document.
2. In written form, delivered by hand
or by mail, enclosed in an envelope
labeled ‘‘Comments on North Carolina
EA’’ to Program Manager, Office of
Renewable Energy Programs, Bureau of
Ocean Energy Management, 381 Elden
Street, HM 1328, Herndon, Virginia
20170–4817.
Comments should be submitted no
later than January 28, 2013.
Dated: December 10, 2012.
Tommy P. Beaudreau,
Director, Bureau of Ocean Energy
Management.
[FR Doc. 2012–30091 Filed 12–12–12; 8:45 am]
BILLING CODE 4310–MR–P
VerDate Mar<15>2010
16:21 Dec 12, 2012
Jkt 229001
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–807]
Certain Digital Photo Frames and
Image Display Devices and
Components Thereof; Commission
Determination Not To Review an Initial
Determination Extending the Target
Date and Finding the Remaining
Respondent Pandigital, Inc. in Default
and in Violation of Section 337; and
Request for Submissions
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined not to
review an initial determination (‘‘ID’’)
(Order No. 48) of the presiding
administrative law judge (‘‘ALJ’’): (1)
Extending the target date for completion
of the above-captioned investigation by
nine days to March 7, 2013; and (2)
finding the remaining respondent
Pandigital, Inc. (‘‘Pandigital’’) of Dublin,
California in default and in violation of
section 337. The Commission also is
requesting written submissions
including submissions on remedy, the
public interest, and bonding.
FOR FURTHER INFORMATION CONTACT:
Clint Gerdine, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202)
708–2310. Copies of non-confidential
documents filed in connection with this
investigation are or will be available for
inspection during official business
hours (8:45 a.m. to 5:15 p.m.) in the
Office of the Secretary, U.S.
International Trade Commission, 500 E
Street SW., Washington, DC 20436,
telephone (202) 205–2000. General
information concerning the Commission
may also be obtained by accessing its
Internet server at https://www.usitc.gov.
The public record for this investigation
may be viewed on the Commission’s
electronic docket (EDIS) at https://
edis.usitc.gov. Hearing-impaired
persons are advised that information on
this matter can be obtained by
contacting the Commission’s TDD
terminal on (202) 205–1810.
SUPPLEMENTARY INFORMATION: The
Commission instituted this investigation
on September 27, 2011, based on a
complaint filed by Technical Properties
Limited, LLC (‘‘TPL’’) of Cupertino,
California. 76 FR 59737–38. The
complaint alleges a violation of section
337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337, in the
SUMMARY:
PO 00000
Frm 00057
Fmt 4703
Sfmt 4703
importation into the United States, the
sale for importation, and the sale within
the United States after importation of
certain digital photo frames and image
display devices and components thereof
by reason of infringement of certain
claims of U.S. Patent Nos. 6,976,623
(‘‘the ’623 patent’’); 7,162,549;
7,295,443; and 7,522,424. The
complaint further alleges the existence
of a domestic industry. The
Commission’s notice of investigation
named twenty respondents including
Nextar Inc. of La Verne, California;
WinAccord Ltd. of Taipei, Taiwan; and
WinAccord U.S.A., Inc. of San Jose,
California (collectively, ‘‘the WinAccord
respondents’’); Aiptek International Inc.
(‘‘Aiptek’’) of Hsinchu, Taiwan; and
Pandigital. All other respondents have
been terminated from the investigation
by consent order stipulation or
settlement agreement. The ’623 patent
was terminated from the investigation
with respect to Pandigital by consent
order stipulation. The complaint and
notice of investigation were served on
all respondents including Aiptek and
the WinAccord respondents on
September 22, 2011. See Notice of
Investigation, Certificate of Service
(Sept. 22, 2011) (EDIS Document
459720). No Commission investigative
attorney is participating in the
investigation.
On December 6 and 22, 2011,
respectively, the ALJ issued IDs finding
the WinAccord respondents and Aiptek
in default, pursuant to 19 CFR 210.13
and 210.16, because these respondents
did not respond to the complaint and
notice of investigation, or to Order Nos.
13 and/or 15 to show cause. On January
3 and 9, 2012, respectively, the
Commission determined not to review
the IDs finding the WinAccord
respondents and Aiptek in default.
On March 8, 2012, complainant TPL
filed a declaration requesting immediate
relief against the defaulting respondent
Aiptek under Commission rule
210.16(c)(1), 19 CFR 210.16(c)(1), which
it later withdrew.
On October 9, 2012, the ALJ issued
Order No. 47 to Pandigital show cause
why it should not be found in default
and in violation of section 337 pursuant
to 19 CFR 210.17 because respondent
did not file a pre-hearing statement and
brief as required by the ALJ’s Procedural
Schedule. As of November 7, 2012,
Pandigital had not responded to Order
No. 47 and the ALJ issued the subject ID
finding Pandigital in default and in
violation of section 337. The ID also
extended the target date of the
investigation by nine days from
February 26, 2013 to March 7, 2013. The
ID also contained the ALJ’s
E:\FR\FM\13DEN1.SGM
13DEN1
]]>Agencies
[Federal Register Volume 77, Number 240 (Thursday, December 13, 2012)]
[Notices]
[Pages 74218-74220]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30091]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
[Docket No. BOEM-2012-0090]
Commercial Wind Leasing and Site Assessment Activities on the
Atlantic Outer Continental Shelf (OCS) Offshore North Carolina
AGENCY: Bureau of Ocean Energy Management (BOEM), Interior.
ACTION: Notice of Intent To Prepare an Environmental Assessment.
-----------------------------------------------------------------------
SUMMARY: BOEM is publishing this Notice of Intent To Prepare an
Environmental Assessment (EA) for the purpose of involving Federal
agencies, states, tribes, local governments, offshore wind energy
developers, and the public in the Department of the Interior's (DOI)
``Smart from the Start'' wind energy initiative offshore North
Carolina. The ``Smart from the Start'' wind energy initiative is
designed to identify areas that appear to be suitable for wind energy
leasing on the OCS, known as Wind Energy Areas (WEAs) and to obtain
public and expert input that will inform DOI's decisionmaking with
regard to issuing leases and approving site assessment activities in
these areas, in accordance with applicable DOI regulations and the
Council on Environmental Quality (CEQ) regulations implementing the
provisions of the National Environmental Policy Act (NEPA) of 1969 as
amended (42 U.S.C. 4321 et seq.).
The ``Smart from the Start'' initiative involves coordinated
environmental studies, large-scale planning processes, and expedited
review procedures within these areas to achieve an efficient and
responsible renewable energy leasing process. More information on the
``Smart from the Start'' initiative can be found at: https://boem.gov/Renewable-Energy-Program/Smart-from-the-Start/Index.aspx.
In consultation with other Federal agencies and the BOEM North
Carolina Intergovernmental Renewable Energy Task Force, BOEM has
identified three areas under consideration for potential future wind
energy leasing offshore North Carolina (Call Areas). These Call Areas
are identified in the document entitled, Commercial Leasing for Wind
Power on the Outer Continental Shelf Offshore North Carolina-Call for
Information and Nominations (Call), which is being published
concurrently with this Notice. The publication of a Call is the first
public step in BOEM's offshore wind planning process for North
Carolina, and additional opportunities for public involvement are
required before any commercial wind leases would be issued. A
commercial lease gives the lessee the exclusive right to subsequently
seek BOEM approval for the development of the leasehold. The lease does
not grant the lessee the right to construct any facilities; rather, the
lease grants the lessee the right to use the leased area to develop its
plans, which BOEM must approve before the lessee can move on to the
next stage of the process. See 30 CFR 585.600 and 585.601.
BOEM intends to prepare an EA, which is the subject of this Notice,
that will consider the environmental consequences associated with the
possible future issuance of commercial wind leases and approving site
assessment activities on those leases (within all or some of these Call
Areas). BOEM is seeking public input regarding the identification of
the alternatives to be considered in the EA, as well as the
environmental and/or socioeconomic issues to be analyzed.
Furthermore, section 106 of the National Historic Preservation Act
(16 U.S.C. 470f) and its implementing regulations at 36 CFR 800 require
Federal agencies to consider the effects of their actions on historic
properties, and afford the Advisory Council on Historic Properties an
opportunity to comment (36 CFR 800.1). Therefore, BOEM will conduct
Section 106 review for the issuance of leases and approval of site
assessment activities within some or all of the Call Areas, in
coordination with its environmental review. As part of this Section 106
review, BOEM will initiate consultation with state historic
preservation officer, tribal officials, and others. With the
publication of this Notice, BOEM is reaching out to the general public
for comments regarding the identification of historic properties or
potential effects to historic properties from leasing and site
assessment activities in the Call Areas. Submitted information will
allow BOEM to consider the views of the public and document historic
preservation concerns early in the Section 106 process.
Authority: This Notice of Intent to prepare an EA is published
pursuant to 43 CFR 46.305.
FOR FURTHER INFORMATION CONTACT: Michelle Morin, BOEM Office of
Renewable Energy Programs, 381 Elden Street, HM 1328, Herndon, Virginia
20170-4817, (703) 787-1340 or michelle.morin@BOEM.gov.
SUPPLEMENTARY INFORMATION:
1. The OCS Wind Energy Planning, Leasing and Development Process
There are four key phases in the wind energy planning, leasing and
development process on the OCS: (1) Planning and siting; (2) lease
issuance; (3) approval of a site assessment plan (SAP); and (4)
approval of a construction and operations plan (COP). Publication of
the Call and this NOI are steps in the first phase of this process. The
second phase, issuance of a commercial renewable energy lease, gives
the lessee an exclusive right to submit plans, the approval of which is
necessary for a lessee to advance to the next stage of the renewable
energy development process. The third phase is the applicant's
submission and BOEM's subsequent review and approval of a SAP. Approval
of a SAP allows the lessee to construct and install equipment on the
leasehold, such as a meteorological tower and/or buoys, to perform site
assessment functions. See 30 CFR 585.600-585.601; 585.605-585.618. Site
characterization activities are necessary to support a lessee's
proposed site assessment activities (e.g., geological and geophysical
surveys and core samples) and the lessee must submit the results of
such surveys with the supporting data in its SAP. See 30 CFR 585.610.
The submission of a SAP is separate from the submission of a COP. After
the lessee has collected the additional site characterization and
assessment data necessary for a COP, the lessee may submit its COP. The
COP would be subject to additional project specific environmental
review. The approval of the COP would authorize the construction and
operation of a renewable energy generation facility on the lease. See
30 CFR 585.620-585.629.
2. Proposed Action and Scope of Analysis
The proposed action that will be the subject of the EA is the
issuance of renewable energy leases within all or some of the Call
Areas described in this Notice, and the approval of site
[[Page 74219]]
assessment activities on those leases (i.e., Phases 2 and 3 of the wind
energy planning, leasing and development process). BOEM will also
consider in the EA the environmental impacts associated with the site
characterization activities that it anticipates lessees might
eventually undertake to fulfill the SAP and COP information
requirements at 30 CFR 585.610 and 585.626, respectively.
Additional analysis under NEPA will be required before any future
decision is made regarding the approval of the construction or
operation of any wind energy facility on leases that may be issued
within all or some of these Call Areas. If and when a lessee is ready
to begin the final phase of renewable energy development, it will
submit a COP. If, in the future, a COP is submitted for a particular
project on a lease, BOEM would undertake a separate site- and project-
specific NEPA analysis and consultations. This specific NEPA analysis
would likely take the form of an Environmental Impact Statement (EIS)
and would provide additional opportunities for public involvement
pursuant to NEPA and the CEQ regulations at 40 CFR 1500-1508. The NEPA
process would provide the public and Federal officials with
comprehensive site- and project-specific information, which would
consider the reasonably foreseeable environmental impacts of the
specific project the lessee is proposing. These potential impacts will
be taken into account when deciding whether to approve, approve with
modification, or disapprove the COP pursuant to 30 CFR 585.628.
Based on the information submitted in response to this Notice and
the Call, BOEM will determine the level of interest in the Call Areas
and identify the areas that would be appropriate to move forward with
in BOEM's offshore wind planning, leasing, and development process. The
areas identified will constitute WEA(s) under the ``Smart from the
Start'' initiative, and will be the area(s) analyzed in this EA. That
step in the process is referred to as Area Identification.
This EA, will consider the environmental consequences associated
with reasonably foreseeable leasing scenarios (not development itself),
reasonably foreseeable site characterization scenarios within these
lease areas (including geophysical, geotechnical, archaeological, and
biological surveys), and reasonably foreseeable site assessment
scenarios (including the installation and operation of meteorological
towers and buoys) on the leases that may be issued within all or some
of the Call Areas. At a minimum, two alternatives will be considered:
no action (i.e., no issuance of leases or approval of site assessment
activities); and the issuance of leases and approval of site assessment
activities within the identified portion(s) of the Call Areas. BOEM is
therefore soliciting input on these and/or other alternatives, and on
the environmental and socioeconomic issues to be considered in this EA
related to the potential environmental effects of the activities listed
above.
Federal, state, and local government agencies, tribal governments,
and other interested parties may assist BOEM in determining the issues,
and any additional alternatives, to be analyzed in the EA. Input is
also requested on measures (e.g., limitations on activities based on
technology, distance from shore, or timing) that could lessen impacts
to environmental resources and socioeconomic conditions that could
result from leasing, site characterization, and site assessment
activities taking place in the Call Areas or from support activities
taking place outside the Call Areas. Consultation with other Federal
agencies, tribal governments, and affected states will be carried out
during the EA process and will be completed before a final decision is
made on whether any particular lease will be issued or site assessment
activities on those leases approved.
If BOEM determines during the EA process that issuing leases and
conducting site characterization and assessment activities within the
Call Areas would result in significant environmental impacts, BOEM will
publish a Notice of Intent to prepare an EIS for the issuance of
renewable energy leases and approval of site assessment activities
within all or some of these Call Areas. If BOEM determines during the
EA process that issuing leases and conducting site characterization and
assessment activities within the Call Areas would not result in
significant environmental impacts, BOEM will issue a Finding of No
Significant Impact (FONSI). After either a FONSI is issued or the EIS
process is completed, BOEM may issue one or more renewable energy
leases within all or some of these Call Areas. In the event that a
particular lease is issued, and the lessee submits a SAP, BOEM will
determine whether the EA adequately considers the environmental impacts
of the activities proposed in the lessee's SAP. If the analysis in the
EA adequately addresses these impacts, then no further NEPA analysis
would be required before the SAP is approved. If the EA analysis is
inadequate, additional NEPA analysis would be conducted before the SAP
could be approved.
3. Information That Will Be Incorporated Into the EA
On November 6, 2007, BOEM published a Notice of Availability (NOA)
in the Federal Register (72 FR 62,672) of the Programmatic EIS for
Alternative Energy Development and Production and Alternate Use of
Facilities on the Outer Continental Shelf, Final EIS (OCS Report MMS
2007-046) (Programmatic EIS). On February 3, 2012, BOEM published a NOA
in the Federal Register (77 FR 5560) of the Final EA for Commercial
Wind Lease Issuance and Site Assessment Activities on the Atlantic
Outer Continental Shelf Offshore New Jersey, Delaware, Maryland, and
Virginia (OCS EIS/EA BOEM 2012-003) (Mid-Atlantic EA), which addressed
activities similar to those to be addressed in the EA for which this
Notice is being published.
BOEM will incorporate the environmental and socioeconomic analyses
of site characterization and assessment activities from the
Programmatic EIS, Mid-Atlantic EA, and other public information to help
inform its analysis in this EA. The EA will incorporate the principles
of national ocean policy, including comprehensive interagency
coordination.
4. Description of the Call Areas
A detailed description of the Call Areas can be found in the Call
that is being published concurrently with this Notice.
A map of the Call Area can be found at the following URL: https://www.boem.gov/Renewable-Energy-Program/State-Activities/North-Carolina.aspx.
5. Cooperating Agencies
BOEM invites Federal, state, and local government agencies, as well
as tribal governments, to consider becoming cooperating agencies in the
preparation of this EA. CEQ regulations implementing the procedural
provisions of NEPA define cooperating agencies as those with
``jurisdiction by law or special expertise'' (40 CFR 1508.5). Potential
cooperating agencies should consider their authority and capacity to
assume the responsibilities of a cooperating agency and remember 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.
Upon request, BOEM will provide potential cooperating agencies with
a
[[Page 74220]]
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
Cooperating Agency Status'' in Attachment 1 to CEQ's January 30, 2002,
Memorandum for the Heads of Federal Agencies: Cooperating Agencies in
Implementing the Procedural Requirements of the NEPA. These documents
are available at: https://ceq.hss.doe.gov/nepa/regs/cooperating/cooperatingagenciesmemorandum.html. and: https://ceq.hss.doe.gov/nepa/regs/cooperating/cooperatingagencymemofactors.html.
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.
6. Comments
Federal, state, local government agencies, tribal governments, and
other interested parties are requested to send their written comments
regarding environmental issues and the identification of reasonable
alternatives related to the proposed action described in this Notice in
one of the following ways:
1. Electronically: https://www.regulations.gov. In the entry titled
``Enter Keyword or ID,'' enter BOEM-2012-0090, then click ``search.''
Follow the instructions to submit public comments and view supporting
and related materials available for this document.
2. In written form, delivered by hand or by mail, enclosed in an
envelope labeled ``Comments on North Carolina EA'' to Program Manager,
Office of Renewable Energy Programs, Bureau of Ocean Energy Management,
381 Elden Street, HM 1328, Herndon, Virginia 20170-4817.
Comments should be submitted no later than January 28, 2013.
Dated: December 10, 2012.
Tommy P. Beaudreau,
Director, Bureau of Ocean Energy Management.
[FR Doc. 2012-30091 Filed 12-12-12; 8:45 am]
BILLING CODE 4310-MR-P
