Notice of Intent To Conduct Scoping and To Prepare a Draft Environmental Impact Statement for the Proposed Lake Erie Quadrangle National Marine Sanctuary, 32198-32200 [2023-10644]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 88, Number 97 (Friday, May 19, 2023)]
[Notices]
[Pages 32198-32200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10644]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Notice of Intent To Conduct Scoping and To Prepare a Draft 
Environmental Impact Statement for the Proposed Lake Erie Quadrangle 
National Marine Sanctuary

AGENCY: Office of National Marine Sanctuaries (ONMS), National Ocean 
Service, National Oceanic and Atmospheric Administration (NOAA), 
Department of Commerce.

ACTION: Notice of intent to hold public scoping meetings and prepare a 
draft environmental impact statement; request for comments.

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SUMMARY: In accordance with the National Marine Sanctuaries Act (NMSA) 
and National Environmental Policy Act (NEPA), and based on the area's 
qualities and boundaries described in the community-based nomination on 
December 31, 2015 (https://nominate.noaa.gov/), NOAA is initiating a 
scoping process to consider designating a national marine sanctuary in 
the eastern Lake Erie adjacent to Pennsylvania. The nomination provides 
a description of the cultural and historical resources in the region, 
the potential benefits of a national marine sanctuary designation, 
recommendations for management of the sanctuary, and a proposed 
sanctuary boundary. As a first step in this scoping process, NOAA 
invites comments on the factors that will contribute to its 
determination of whether and how to designate the area as a national 
marine sanctuary. The results of this scoping process will inform 
NOAA's next steps in the designation process, which would include the 
preparation and release of draft designation documents, as well as the 
formulation of action alternatives for the draft environmental impact 
statement (DEIS). This scoping process will also inform the initiation 
of consultations with Indigenous Nations and Tribes, Federal, State, 
and local agencies, and other interested parties, as appropriate. In 
support of the scoping process, the nomination package and additional 
information regarding the qualities of the Lake Erie Quadrangle area 
can be found at https://sanctuaries.noaa.gov/lake-erie.

DATES: 
    Comments due: July 18, 2023.
    Public Meetings: NOAA will host three public meetings during the 
scoping process, two virtual and one in-person. The in-person scoping 
meeting will occur at the following day and time:
     Erie, Pennsylvania.
    Date: Wednesday, June 21, 2023.
    Location: Erie County Public Library--Blasco.
    Address: H.O. Hirt Auditorium, 160 E Front St., Erie, PA 16507.
    Time: 6:30 p.m.-8:00 p.m. Eastern Time.
    The virtual public scoping meetings will occur at the following 
dates and times:
     Tuesday, June 27, 2023, 2:00 p.m.-3:30 p.m. Eastern Time.
     Wednesday, June 28, 2023, 6:30 p.m.-8:00 p.m. Eastern 
Time.
    Please check https://sanctuaries.noaa.gov/lake-erie for meeting 
links and the most up-to-date information, should plans for these 
public meetings change. NOAA may end a virtual or in-person meeting 
before the time noted above if all participants have concluded their 
oral comments.

ADDRESSES: You may submit comments, identified by docket number NOAA-
NOS-2023-0039, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov and enter ``NOAA-NOS-2023-0039'' in the Search box. 
Click on the ``Comment'' icon, complete the required fields, and enter 
or attach your comment.
     Mail: Send any hard copy public comments by mail to: Ellen 
Brody, NOAA Office of National Marine Sanctuaries, 4840 South State 
Rd., Ann Arbor, MI 48108. Note the docket number at the top of the 
comment.
     Public Scoping Meetings: Provide oral comments during 
public scoping meetings, as described under DATES. Webinar registration 
details and additional information about how to participate in these 
virtual and in-person public scoping meetings is available at 
www.sanctuaries.noaa.gov/lake-erie.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NOAA. All comments received are a part of the 
public record and will generally be posted for public viewing on 
https://www.regulations.gov without change. All personally identifiable 
information (for example, name, address), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the commenter will be publicly accessible. NOAA will accept 
anonymous comments (enter ``N/A'' in the required fields if you wish to 
remain anonymous). Comments that are not responsive or contain 
profanity, vulgarity, threats, or other inappropriate language will not 
be considered.

FOR FURTHER INFORMATION CONTACT: Ellen Brody, (734) 741-2270, 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background on the Area Under Consideration

    The National Marine Sanctuaries Act, as amended (NMSA), 16 U.S.C. 
1431 et seq., authorizes the Secretary of Commerce (Secretary) to 
designate and protect as national marine sanctuaries areas of the 
marine environment that are of special national significance due to 
their conservation, recreational, ecological, historical, scientific, 
cultural, archeological, educational, or aesthetic qualities. A primary 
objective of the NMSA is to protect the resources of the National 
Marine Sanctuary System. Day-to-day management of national marine 
sanctuaries has been delegated by the Secretary to ONMS.
    In December 2015, Erie County, Pennsylvania, submitted a nomination 
to NOAA through the Sanctuary Nomination Process (79 FR 33851), 
proposing consideration of the Lake Erie Quadrangle as a national 
marine sanctuary to conserve its nationally significant underwater 
cultural and historical resources and to expand upon existing local and 
state efforts to study, interpret, and promote them. Along with support 
from the Governor of Pennsylvania, the nomination was endorsed by a 
diverse coalition of organizations and individuals at local, State, and 
national levels including elected officials, agencies, businesses, 
recreational users, local charters, academic organizations, tourism 
organizations, non-profit organizations, economic development 
organizations, historical societies, and education groups. In February 
2016, NOAA added the Lake Erie Quadrangle proposal to its inventory of 
successful nominations that are eligible for designation, and extended 
it on the inventory in March 2021 after a required five-year review of 
the nomination (87 FR 11049).
    NOAA is initiating the process to designate this area as a national 
marine sanctuary based primarily on the information included in the 
nomination. NOAA's goal in considering the designation of the Lake Erie 
Quadrangle National Marine Sanctuary (LEQNMS) in Lake Erie is to 
recognize the national significance of the area's historical, 
archaeological, and cultural resources and to manage the area as part 
of the National Marine Sanctuary System. If

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NOAA finalizes the designation, the agency would delineate the 
boundaries of the sanctuary; manage the area as a part of the National 
Marine Sanctuary System under NMSA; establish sanctuary regulations; 
and implement a management plan.
    The area being considered for designation as a national marine 
sanctuary in Lake Erie includes approximately 740 square miles (1917 
square kilometers) of lake waters and bottomlands. The area would be 
adjacent to approximately 75 miles (120 kilometers) of coastline 
bordering Erie County, Pennsylvania, that extends westward to the Ohio 
state line, northward to the international border with Ontario, Canada, 
and eastward to the New York State line. The nomination proposes to 
exclude the Erie Port from the sanctuary boundaries to ensure 
compatible use with shipping and other commercial activities.
    This area represents a historically rich region where the long 
relationship between human activity and the maritime environment has 
created meaning and a sense of place, which is expressed and preserved 
in a wide variety of maritime cultural resources from sacred places and 
cultural practices to lighthouses and historic shipwrecks. Together, 
these tangible and intangible elements form a rich maritime cultural 
landscape. Lake Erie hosted one of the busiest waterways of the mid-
19th century. Pennsylvania supported the Great Lakes' largest 
commercial fishing fleet during the 19th century, some of the earliest 
shipbuilding on the Great Lakes, and major naval yards during the War 
of 1812.
    Nearly every type of vessel that operated on the Great Lakes during 
the historic period is represented in the area being considered for 
sanctuary designation. Based on historical records, 196 vessels may 
have sunk within the Pennsylvania waters of Lake Erie, and 35 of these 
shipwrecks have been identified. The known shipwrecks span from the 
1838 steamboat Chesapeake to speedboats, tugs, barges, and workboats 
lost before 1940. The collection includes schooners, brigs, and barks; 
barges and schooner barges; dredges and sand suckers; fishing tugs and 
trawlers; and sidewheel steamboats and propellers. This area also 
includes the potential for submerged prehistoric sites and historic 
properties that may be of religious and cultural significance to 
Indigenous Nations and Tribes.
    Designation of a national marine sanctuary under the NMSA would 
allow NOAA to complement the Commonwealth of Pennsylvania's efforts to 
preserve and interpret the area's marine resources, including its 
collection of nationally significant historic shipwrecks and other 
underwater cultural resources. NOAA could use its research and 
monitoring assets to further locate, document, and monitor the area's 
significant cultural resources, expand education and outreach to 
interpret sanctuary resources for the public, and promote the 
responsible use of sanctuary resources. Furthermore, a sanctuary has 
the potential to increase tourism and economic opportunities in local 
coastal communities.
    NOAA plans to establish a pre-designation sanctuary advisory 
council to bring members of the local community together to provide 
advice to NOAA, to serve as a liaison with the nominating community, 
and to assist in guiding NOAA through the designation process. NOAA 
will publish additional information on the pre-designation Sanctuary 
Advisory Council at a later date.

II. Items of Particular Interest During the Public Scoping Process

    While the public may comment on all matters viewed as relevant to 
the potential designation of a national marine sanctuary in Lake Erie, 
NOAA is requesting input on the following specific topics to help guide 
the scoping process:
     boundary alternatives for the proposed sanctuary;
     the location, nature, and value of the cultural and 
historical resources in the area under consideration;
     specific threats to these resources;
     information on the Indigenous heritage of the area;
     the potential socioeconomic, cultural, and biological 
impacts resulting from designation as a national marine sanctuary;
     the non-regulatory actions NOAA should prioritize within 
its draft management plan for the proposed sanctuary;
     the regulatory framework most appropriate for management 
of the proposed sanctuary;
     the benefits to the economy of the region, including 
promoting sustainable tourism and recreation; and
     a permanent name for the proposed sanctuary.
    Comments may be submitted to NOAA by July 18, 2023 using the 
methods described in ADDRESSES. NOAA will host public scoping meetings 
during the public comment period, as described under DATES.

III. National Marine Sanctuary Designation Process

    The national marine sanctuary designation process includes the 
following well-established and highly participatory stages:
    1. Public Scoping--Collection and characterization of initial 
public comments on the proposed designation;
    2. Preparation of Draft Documents--Preparation and release of draft 
designation documents, including: a DEIS, prepared pursuant to NEPA, 
that identifies boundary and/or regulatory alternatives; a draft 
management plan; and a notice of proposed rulemaking to define proposed 
sanctuary regulations. Draft documents would be used to initiate 
consultations with Indigenous Nations and Tribes, Federal, State, and 
local agencies, and other interested parties, as appropriate;
    3. Public Comment on Draft Documents--Through public meetings and 
in writing, allow for public review and comment on a DEIS, draft 
management plan, and notice of proposed rulemaking;
    4. Preparation of Final Documents--Preparation and release of a 
final environmental impact statement (FEIS); final management plan, 
including a response to public comments; and a final rule.
    5. Review Period--The sanctuary designation and regulations would 
take effect after the end of a review period of forty-five days of a 
continuous session of Congress. During this same period, should the 
designation include State waters, the Governor of the State has the 
opportunity to concurrently review the terms of designation including 
boundaries within State waters.

IV. Development of a Draft Environmental Impact Statement

    In accordance with the NMSA, NOAA must draft an environmental 
impact statement (EIS) pursuant to NEPA when designating a new national 
marine sanctuary. The input gathered during the public scoping process 
is fundamental to NOAA's development of a DEIS.

A. Purpose and Need for Sanctuary Designation

    The NMSA directs NOAA to identify and designate as national marine 
sanctuaries areas of the marine and Great Lakes environments that are 
of special national significance, provide authority for comprehensive 
and coordinated conservation and management of these marine areas, and 
protect the resources of these areas. The purpose and need for the 
proposed

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action is to consider whether a sanctuary designation in the Lake Erie 
Quadrangle would fulfill the purposes and policies outlined in section 
301(b) of the NMSA, 16 U.S.C. 1431(b), and meet the sanctuary 
designation standards in section 303 of the NMSA, 16 U.S.C. 1433.

B. Preliminary Description of Proposed Action and Alternatives

    NOAA's proposed action is to consider designating the Lake Erie 
Quadrangle National Marine Sanctuary in accordance with the sanctuary 
designation process described in section 304 of the NMSA (16 U.S.C. 
1434). Through the public scoping process and as part of the sanctuary 
designation process, NOAA will develop draft designation documents 
including a draft sanctuary management plan, proposed sanctuary 
regulations, and proposed terms of designation. The NEPA process for 
sanctuary designation will include preparation of a DEIS to consider 
alternatives and describe potential effects of the sanctuary 
designation on the human environment. A DEIS will evaluate a reasonable 
range of action alternatives that could include different options for 
management plan goals, sanctuary regulations, and potential boundaries. 
A DEIS will also consider a No Action Alternative, wherein NOAA would 
not designate a national marine sanctuary.

C. Summary of Expected Impacts of Sanctuary Designation

    A DEIS will identify and describe the potential effects of the 
proposed action and reasonable alternatives on the human environment. 
Potential impacts may include, but are not limited to, impacts on the 
area's biological and physical resources, including habitats, plants, 
birds, fish, and special status species; underwater cultural and 
historical resources; and human uses and socioeconomics of the area. 
Based on a preliminary evaluation of the resources listed above, NOAA 
expects potential positive impacts to the environment from enhanced 
protection of the area's underwater cultural and historical resources; 
improved planning and coordination of research, monitoring, and 
management actions; reduced harmful human activities; and reduced 
threats and stressors to resources.

D. Schedule for the Decision-Making Process

    NOAA expects to make a DEIS and other draft documents available to 
the public by winter 2024. NOAA expects to make a FEIS available to the 
public by winter 2025. A Record of Decision will be issued no sooner 
than 30 days after the FEIS is made available to the public, in 
accordance with 40 CFR 1506.11.

E. NEPA Lead and Cooperating Agency Roles

    NOAA is the lead Federal agency for the NEPA process for the 
proposed action. NOAA may invite other Federal agencies, or State, 
Tribal, or local agencies of similar qualifications to become 
cooperating agencies in the preparation of the EIS for the proposed 
action. NEPA regulations specify that a cooperating agency means any 
Federal agency (and a Tribal, State, or local agency with agreement of 
the lead agency) that has 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)).

F. Anticipated Permits, Authorizations, and Consultations

    Federal permits, authorizations, or consultations may be required 
for the proposed action, including consultation or review under the 
Endangered Species Act, 16 U.S.C. 1531 et seq.; National Historic 
Preservation Act (NHPA), 54 U.S.C. 300101 et seq.; Executive Order 
13175 (Consultation and Coordination With Indian Tribal Governments); 
consistency review under the Coastal Zone Management Act, 16 U.S.C. 
1451 et seq.; and possibly reviews under other laws and regulations 
determined to be applicable to the proposed action. To the fullest 
extent possible, NOAA will prepare a DEIS concurrently and integrate 
analyses required by other Federal environmental review requirements. A 
DEIS will list all Federal permits, licenses, and other authorizations 
that must be obtained in implementing the proposed action. 40 CFR 
1502.24.

V. Consultation Under Section 106 of the National Historic Preservation 
Act and Executive Order 13175

    This notice confirms that NOAA will coordinate its responsibilities 
under section 106 of the NHPA during the sanctuary designation process 
and is soliciting public and stakeholder input to meet section 106 
compliance requirements. The NHPA section 106 consultation process 
specifically applies to any agency undertaking that may affect historic 
properties. Pursuant to 36 CFR 800.16(l)(1), historic properties 
include: ``any prehistoric or historic district, site, building, 
structure, or object included in, or eligible for inclusion in, the 
National Register of Historic Places maintained by the Secretary of the 
Interior. This term includes artifacts, records, and remains that are 
related to and located within such properties. The term includes 
properties of traditional religious and cultural importance to an 
Indian Tribe or Native Hawaiian organization that meet the National 
Register criteria.''
    This notice also confirms that, with respect to the proposed 
sanctuary designation process, NOAA will fulfill its responsibilities 
under Executive Order 13175, ``Consultation and Coordination with 
Indian Tribal Governments,'' and NOAA's implementing policies and 
procedures. Executive Order 13175 requires Federal agencies to 
establish procedures for meaningful consultation and coordination with 
Tribal officials in the development of Federal policies that have 
Tribal implications. NOAA implements Executive Order 13175 through NOAA 
Administrative Order 218-8 (Policy on Government-to-Government 
Consultation with Federally-Recognized Indian Tribes and Alaska Native 
Corporations), and the NOAA Tribal Consultation Handbook. Under these 
policies and procedures, NOAA offers government-to-government 
consultation at the earliest practicable time it can reasonably 
anticipate that a proposed policy or initiative may have Tribal 
implications.
    Authority: 16 U.S.C. 1431 et seq.; 42 U.S.C. 4321 et seq.; 40 CFR 
1500-1508 (NEPA Implementing Regulations); NOAA Administrative Order 
216-6A.

John Armor,
Director, Office of National Marine Sanctuaries, National Ocean 
Service, National Oceanic and Atmospheric Administration.
[FR Doc. 2023-10644 Filed 5-18-23; 8:45 am]
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