Notice of Intent To Prepare an Environmental Impact Statement for the Proposed Beacon Wind Project on the U.S. Outer Continental Shelf Offshore Massachusetts, 42386-42390 [2023-13918]
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Federal Register / Vol. 88, No. 125 / Friday, June 30, 2023 / Notices
clothing that contain inedible
byproducts from migratory birds that
were taken for food during the Alaska
migratory bird subsistence harvest
season. Article II(4)(b) of the Protocol
dictates that sales will be under strictly
limited situations. The sale by Alaska
Native people of a limited number of
handicrafts containing inedible
migratory bird parts provides a small
source of additional income that we
conclude is necessary for the ‘‘essential
needs’’ of Alaska Native people in
predominantly rural Alaska. This
limited opportunity for sale is
consistent with the language of the
Protocol and is expressly noted in the
Letter of Submittal dated May 20, 1996,
for the Treaty Protocol, specifically
Article II(4)(b) of the Protocol, to be
consistent with the customary and
traditional uses of Alaska Native people.
The activity by Alaska Native people is
also consistent with the preservation
and maintenance of migratory bird
stocks.
Alaska Native artists will show
eligibility with a Tribal enrollment card,
Bureau of Indian Affairs card, or
membership in the Silver Hand
program. The State of Alaska Silver
Hand program helps Alaska Native
artists promote their work in the
marketplace and enables consumers to
identify and purchase authentic Alaska
Native art. The Silver Hand insignia
indicates that the artwork on which it
appears is created by hand in Alaska by
an individual Alaska Native artist. Only
original contemporary and traditional
Alaska Native artwork, not
reproductions or manufactured work,
may be identified and marketed with
the Silver Hand insignia. To be eligible
for a 2-year Silver Hand permit, an
Alaska Native artist must be a full-time
resident of Alaska, be at least 18 years
old, and provide documentation of
membership in a federally recognized
Alaska Native tribe. The Silver Hand
insignia may only be attached to
original work that is produced in the
State of Alaska.
The final rule requires that FWS Form
3–2484 (a simple certification which is
not subject to the PRA) or a Silver Hand
insignia accompany each Alaska Native
article of handicraft or clothing that
contains inedible migratory bird parts. It
also requires all consignees, sellers, and
purchasers to retain this documentation
with each item and produce it upon the
request of a law enforcement officer.
The final rule also requires that artists
maintain adequate records of the
certification or Silver Hand insignia
with each item and requires artists and
sellers/consignees to provide the
documentation to buyers. These
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recordkeeping and third-party
notification requirements are subject to
the PRA and require OMB approval.
The public may request copies of a
Form 3–2484 contained in this
information collection by sending a
request to the Service Information
Collection Clearance Officer (see
ADDRESSES).
Title of Collection: Alaska Native
Handicrafts, 50 CFR 92.6.
OMB Control Number: 1018–0168.
Form Numbers: 3–2484.
Type of Review: Extension of a
currently approved collection.
Respondents/Affected Public:
Individuals and businesses.
Total Estimated Number of Annual
Respondents: 2 (placeholder of 1
respondent associated with the
regulatory requirement for each
respondent category).
Total Estimated Number of Annual
Responses: 2.
Estimated Completion Time per
Response: 5 minutes.
Total Estimated Number of Annual
Burden Hours: 0.
Respondent’s Obligation: Required to
obtain or retain a benefit.
Frequency of Collection: On occasion.
Total Estimated Annual Nonhour
Burden Cost: None.
An agency may not conduct or
sponsor and a person is not required to
respond to a collection of information
unless it displays a currently valid OMB
control number.
The authority for this action is the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
The extension takes effect on
June 30, 2023.
FOR FURTHER INFORMATION CONTACT: Ms.
Paula L. Hart, Director, Office of Indian
Gaming, Office of the Assistant
Secretary—Indian Affairs, Washington,
DC 20240, (202) 219–4066.
SUPPLEMENTARY INFORMATION: An
extension to an existing Tribal-State
Class III gaming compact does not
require approval by the Secretary if the
extension does not modify any other
terms of the compact. 25 CFR 293.5. The
Middletown Rancheria of Pomo Indians
of California and the State of California
have reached an agreement to extend
the expiration date of their existing
Tribal-State Class III gaming compact to
December 31st, 2024. This publication
provides notice of the new expiration
date of the compact.
DATES:
Bryan Newland,
Assistant Secretary—Indian Affairs.
[FR Doc. 2023–14084 Filed 6–29–23; 8:45 am]
BILLING CODE 4337–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
[Docket No. BOEM 2023–0037]
Notice of Intent To Prepare an
Environmental Impact Statement for
the Proposed Beacon Wind Project on
the U.S. Outer Continental Shelf
Offshore Massachusetts
Madonna Baucum,
Information Collection Clearance Officer, U.S.
Fish and Wildlife Service.
Bureau of Ocean Energy
Management (BOEM), Interior.
ACTION: Notice of intent (NOI) to prepare
an environmental impact statement
(EIS); request for comments.
[FR Doc. 2023–13960 Filed 6–29–23; 8:45 am]
SUMMARY:
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[234A2100DD/AAKC001030/
A0A501010.999900]
Indian Gaming; Extension of TribalState Class III Gaming Compact
(Middletown Rancheria of Pomo
Indians of California & State of
California)
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
This notice announces the
extension of the Class III gaming
compact between the Middletown
Rancheria of Pomo Indians of California
& State of California.
SUMMARY:
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AGENCY:
Consistent with the
regulations implementing the National
Environmental Policy Act (NEPA),
BOEM announces its intent to prepare
an EIS for a construction and operations
plan (COP) submitted by Beacon Wind
LLC (Beacon Wind). This NOI initiates
the public scoping and comment
process under NEPA and also seeks
public comments under section 106 of
the National Historic Preservation Act
(NHPA) and its implementing
regulations. Beacon Wind proposes to
construct and operate an offshore wind
facility located in Renewable Energy
Lease Area OCS–A 0520 (Lease Area),
which is approximately 128,811 acres
and 17 nautical miles (nm) south of
Nantucket, Massachusetts, and 52 nm
east of Montauk, New York. Beacon
Wind, a joint venture owned by Equinor
U.S. Holdings, Inc. and BP Wind Energy
North America, Inc., proposes to
develop the entire Lease Area in two
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Federal Register / Vol. 88, No. 125 / Friday, June 30, 2023 / Notices
wind farms, known as Beacon Wind 1
(BW1) and Beacon Wind 2 (BW2)
(collectively, the Project).
DATES: Your comments must be received
by BOEM on or before July 31, 2023 for
timely consideration.
Public Participation:
BOEM will hold two in-person and
two virtual public scoping meetings for
the Beacon Wind EIS at the following
dates and times (eastern time):
In Person:
• Tuesday, July 18, 2023, 6:00–9:00
p.m., UMASS-Dartmouth, The Market
Place Dining Hall, 285 Old Westport
Road, Dartmouth, MA 02747; and
• Thursday, July 20, 2023, 6:00–9:00
p.m., Adria Hotel and Conference
Center Ballroom, 221–17 Northern
Blvd., Queens, NY 11361–3600
Virtual:
• Thursday, July 13, 2023, 11:00
a.m.–1:00 p.m.; and
• Wednesday, July 26, 2023, 11:00
a.m.–1:00 p.m.
Registration for the virtual public
meetings may be completed here:
https://www.boem.gov/renewableenergy/state-activities/beacon-wind 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:
• Delivered by mail or delivery
service, enclosed in an envelope labeled
‘‘BEACON WIND EIS’’ and addressed to
Jessica Stromberg, Chief, Environmental
Branch for Renewable Energy, Bureau of
Ocean Energy Management, 45600
Woodland Road, VAM–OREP, Sterling,
Virginia 20166; or
• Through the regulations.gov web
portal: Navigate to www.regulations.gov
and search for Docket No. BOEM–2023–
0037. 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.’’
Detailed information about the
proposed Project, including the COP
and instructions for making written
comments, can be found on BOEM’s
website at: www.boem.gov/renewableenergy/state-activities/beacon-wind.
FOR FURTHER INFORMATION CONTACT:
Bonnie Houghton, Office of Renewable
Energy Programs, Bureau of Ocean
Energy Management, 45600 Woodland
Road, Sterling, Virginia 20166,
telephone (703) 438–5108, or email
Bonnie.Houghton@boem.gov.
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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 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,
BOEM awarded Equinor Wind US, LLC,
the commercial wind energy lease OCS–
A 0520. Beacon Wind acquired 100
percent interest in the Lease Area by
assignment effective January 27, 2021,
and, has the exclusive right to submit a
COP for activities in it.
Beacon Wind submitted a COP to
BOEM proposing the construction,
operation, maintenance, and conceptual
decommissioning of two offshore wind
energy facilities (BW1 & BW2) in Lease
Area OCS–A–0520. Beacon Wind’s goal
is to develop two offshore wind energy
facilities in the Lease Area to provide
renewable energy to the State of New
York and other northeastern States.
Beacon Wind proposes to construct up
to 155 wind turbine generators (WTG)
with 2 offshore substations (OSS), for a
total of up to 157 structures in a 1 nm
x 1 nm grid distributed across the Lease
Area (Proposed Action). The individual
wind farms within the Lease Area
would be electrically isolated and
independent from one another.
Transmission systems would connect
each OSS to separate onshore points of
interconnection (POIs).
BW1 has a 25-year offtake agreement
with the New York State Energy
Research and Development Authority
(NYSERDA) and is expected to deliver
1,230 megawatts (MW) of power to the
NYISO electric grid at a POI in Queens,
New York. Beacon Wind is actively
seeking an offtake agreement for BW2 in
the New England and New York region.
Beacon Wind anticipates that BW2 will
deliver more than 1,200 MW of power
and interconnect with either the NYISO
grid in Queens or with the New England
Independent System Operator (ISO–NE)
grid in Waterford, Connecticut.
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BW1 would supply electricity in
support of renewable and offshore wind
energy goals established by the State of
New York under its 2019 Climate
Leadership and Community Protection
Act. Among other things, the law
mandates that at least 70 percent of New
York’s electricity come from renewable
energy sources by 2030 and that 9,000
MW come from offshore wind energy by
2035. If BW2 also obtains an offtake
agreement with NYSERDA, it would
supply additional electricity along the
same cable route as BW1 in support of
New York’s goals.
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 and its
obligations under the lease, BOEM’s
purpose is to determine whether to
approve, approve with modifications, or
disapprove Beacon Wind’s COP.
BOEM’s purpose supports the policies
stated in Executive Order 14008 and the
Federal goal to deploy 30 gigawatts of
offshore wind energy capacity in the
United States by 2030, while protecting
biodiversity and promoting ocean couse. BOEM will make its determination
after weighing the EIS analysis and the
enumerated goals in subsection 8(p)(4)
of OCSLA.
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 Project
activities. NMFS’s decision whether to
issue an incidental take authorization is
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 Beacon
Wind’s request for authorization to take
marine mammals incidental to Project
activities (e.g., pile driving)—is to
evaluate Beacon Wind’s request under
the MMPA and its implementing
regulations, which are administered by
NMFS. NMFS will consider the impacts
of Beacon Wind’s activities on relevant
resources and, if appropriate, issue the
permit or authorization. NMFS must
render a decision regarding Beacon
Wind’s request for incidental take
authorization under the MMPA (16
U.S.C. 1371(a)(5)(D)), its implementing
regulations, and NMFS’s delegated
authorities. If NMFS decides to
authorize incidental takes, NMFS
intends to adopt, after independent
review, BOEM’s EIS to support that
decision and fulfill its NEPA
requirements.
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The U.S. Army Corps of Engineers
(USACE) New England District
anticipates permit applications from
Beacon Wind for actions undertaken
through authority delegated to the
district engineer 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, Beacon Wind may
need section 408 permission pursuant to
33 U.S.C. 408, for any actions it
proposes to take that have the potential
to alter, occupy, or use any existing
federally authorized projects. 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)).
As determined by USACE for section
404(b)(1) guidelines evaluation, the
basic Project purpose is offshore wind
energy generation. Beacon Wind’s need,
as provided in the COP and reviewed by
USACE for NEPA purposes, is to
generate electricity from offshore wind
energy facilities located in Lease Area
OCS–A 0520.
As determined by Engineer Circular
1165–2–220, the purpose of USACE
section 408 action is to evaluate Beacon
Wind’s request and determine whether
its Proposed Action would adversely
impact the public interest or a USACE
project. 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 in
accordance with 40 CFR 1506.3 if, after
its independent review of the document,
USACE concludes that BOEM has
satisfactorily addressed its comments
and recommendations. USACE intends
to adopt BOEM’s EIS to support its
decision on any permits or permissions
requested under sections 10 and 14 of
the RHA and section 404 of the CWA.
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.
Proposed Action and Preliminary
Alternatives
Beacon Wind proposes to construct
and operate two offshore wind energy
facilities within Lease Area OCS–A–
0520, with up to 157 total foundation
locations to be occupied by a
combination of up to 155 WTGs and 2
OSSs. Offshore components for BW1
and BW2 include between 61 and 94
WTGs and 1 OSS each, foundations and
associated scour protection for WTGs,
associated inter-array cables, 1 high-
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voltage direct current (HVDC)
submarine export cable route each,
cable protection, and 1 temporary
meteorological and oceanographic
(metocean) buoy. Beacon Wind is
considering monopile, piled jacket, or
suction-bucket jacket foundation types
to support the WTG. The OSS would be
supported by either piled jacket or
suction-bucket jacket foundations. The
WTGs, OSSs, foundations, and interarray cables would be located entirely
within the Lease Area. The submarine
export cables would be buried in the
U.S. Outer Continental Shelf and in the
seabed under the State waters of New
York and potentially of Connecticut (if
the export cable from BW2 makes
landfall in Waterford, Connecticut).
The BW1 submarine export cable
would make landfall and interconnect
to the NYISO grid in Queens. The BW2
cable would make landfall in either
Queens or Waterford; if landfall is in
Waterford, the cables would
interconnect with the ISO–NE grid in
Connecticut. BW1’s onshore
components would be sited in Queens,
and BW2’s in either Queens or
Waterford.
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 Beacon Wind COP, and
the proposed wind energy facilities
described in the COP would not be built
within the Lease Area.
After completing the EIS and
associated consultations, BOEM will
decide through a ROD whether to
approve, approve with modification, or
disapprove the Beacon Wind COP. If
BOEM approves the COP, Beacon Wind
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
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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
could cause conflicts with military
activities, air traffic, land-based radar
services, cables and pipelines, and
scientific surveys. The EIS will analyze
all 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. The Project is estimated to
support 5,958 to 6,491 job-years
cumulatively during the development
and construction phases, including
indirect and induced employment
opportunities. During the operations
and maintenance phase, the Project is
estimated to support 21,117 to 22,681
jobs-years during an estimated 40 years
of operation and maintenance
(including decommissioning).
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-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
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Tribal consultations. For a detailed
listing of regulatory requirements
applicable to the Project, please see the
COP, volume I, available at
www.boem.gov/renewable-energy/stateactivities/beacon-wind.
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 allow the NEPA process and
documentation to substitute for various
aspects of the NHPA review. See 36 CFR
800.8(c). 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.
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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 in
July 2024. 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 2025. 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
environmental review and permitting
process for significant infrastructure
projects. To view the FAST–41
Permitting Dashboard for the Project,
visit: www.permits.performance.gov/
permitting-project/beacon-wind.
Scoping Process
This NOI commences the public
scoping process to identify issues and
potential alternatives for consideration
in the Beacon Wind EIS. BOEM will
hold 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 have the opportunity to help
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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 will provide 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:
www.energy.gov/sites/prod/files/
nepapub/nepa_documents/RedDont/GCEQ-CoopAgenciesImplem.pdf. BOEM,
as the lead agency, does not provide
financial assistance to cooperating
agencies.
Governmental entities that are not
cooperating agencies will have
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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 Alice Muntz at
BeaconWind106@icf.com. BOEM will
determine which interested parties
should be consulting parties.
Comments
Federal agencies, Tribes, State and
local governments, and other interested
parties 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 privileged or
confidential information that you
submit when 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.
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42390
Federal Register / Vol. 88, No. 125 / Friday, June 30, 2023 / Notices
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 regulations.gov.
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
designate information that falls under
section 304 of NHPA as confidential.
ddrumheller on DSK120RN23PROD with NOTICES1
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.
VerDate Sep<11>2014
19:33 Jun 29, 2023
Jkt 259001
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 www.boem.gov/renewableenergy/state-activities/beacon-wind.
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 decisionmaking, 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
PO 00000
Frm 00105
Fmt 4703
Sfmt 4703
analyses submitted during the scoping
process for consideration by BOEM and
the cooperating agencies.
Authority: This NOI is published in
accordance with NEPA, 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. 2023–13918 Filed 6–29–23; 8:45 am]
BILLING CODE 4340–98–P
DEPARTMENT OF JUSTICE
[OMB Number 1122–0003]
Agency Information Collection
Activities; Proposed eCollection
eComments Requested; Extension of a
Previously Approved Collection;
Annual Progress Report for the STOP
Formula Grants Program
Office on Violence Against
Women, Department of Justice.
ACTION: 60-Day notice.
AGENCY:
The Department of Justice
(DOJ), Office on Violence Against
Women (OVW), will be submitting the
following information collection request
to the Office of Management and Budget
(OMB) for review and approval in
accordance with the Paperwork
Reduction Act of 1995.
DATES: Comments are encouraged and
will be accepted for 60 days until
August 29, 2023.
FOR FURTHER INFORMATION CONTACT: If
you have additional comments
especially on the estimated public
burden or associated response time,
suggestions, or need a copy of the
proposed information collection
instrument with instructions or
additional information, please contact
Cathy Poston, Office on Violence
Against Women, at (202) 514–5430 or
Catherine.poston@usdoj.gov.
SUPPLEMENTARY INFORMATION: Written
comments and suggestions from the
public and affected agencies concerning
the proposed collection of information
are encouraged. Your comments should
address one or more of the following
four points:
—Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the Bureau of Justice
Statistics, including whether the
information will have practical utility;
—Evaluate the accuracy of the agency’s
estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
SUMMARY:
E:\FR\FM\30JNN1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 125 (Friday, June 30, 2023)]
[Notices]
[Pages 42386-42390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13918]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
[Docket No. BOEM 2023-0037]
Notice of Intent To Prepare an Environmental Impact Statement for
the Proposed Beacon Wind Project on the U.S. Outer Continental Shelf
Offshore Massachusetts
AGENCY: Bureau of Ocean Energy Management (BOEM), Interior.
ACTION: Notice of intent (NOI) to prepare an environmental impact
statement (EIS); request for comments.
-----------------------------------------------------------------------
SUMMARY: Consistent with the regulations implementing the National
Environmental Policy Act (NEPA), BOEM announces its intent to prepare
an EIS for a construction and operations plan (COP) submitted by Beacon
Wind LLC (Beacon Wind). This NOI initiates the public scoping and
comment process under NEPA and also seeks public comments under section
106 of the National Historic Preservation Act (NHPA) and its
implementing regulations. Beacon Wind proposes to construct and operate
an offshore wind facility located in Renewable Energy Lease Area OCS-A
0520 (Lease Area), which is approximately 128,811 acres and 17 nautical
miles (nm) south of Nantucket, Massachusetts, and 52 nm east of
Montauk, New York. Beacon Wind, a joint venture owned by Equinor U.S.
Holdings, Inc. and BP Wind Energy North America, Inc., proposes to
develop the entire Lease Area in two
[[Page 42387]]
wind farms, known as Beacon Wind 1 (BW1) and Beacon Wind 2 (BW2)
(collectively, the Project).
DATES: Your comments must be received by BOEM on or before July 31,
2023 for timely consideration.
Public Participation:
BOEM will hold two in-person and two virtual public scoping
meetings for the Beacon Wind EIS at the following dates and times
(eastern time):
In Person:
Tuesday, July 18, 2023, 6:00-9:00 p.m., UMASS-Dartmouth,
The Market Place Dining Hall, 285 Old Westport Road, Dartmouth, MA
02747; and
Thursday, July 20, 2023, 6:00-9:00 p.m., Adria Hotel and
Conference Center Ballroom, 221-17 Northern Blvd., Queens, NY 11361-
3600
Virtual:
Thursday, July 13, 2023, 11:00 a.m.-1:00 p.m.; and
Wednesday, July 26, 2023, 11:00 a.m.-1:00 p.m.
Registration for the virtual public meetings may be completed here:
https://www.boem.gov/renewable-energy/state-activities/beacon-wind 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:
Delivered by mail or delivery service, enclosed in an
envelope labeled ``BEACON WIND EIS'' and addressed to Jessica
Stromberg, Chief, Environmental Branch for Renewable Energy, Bureau of
Ocean Energy Management, 45600 Woodland Road, VAM-OREP, Sterling,
Virginia 20166; or
Through the regulations.gov web portal: Navigate to
www.regulations.gov and search for Docket No. BOEM-2023-0037. 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.''
Detailed information about the proposed Project, including the COP
and instructions for making written comments, can be found on BOEM's
website at: www.boem.gov/renewable-energy/state-activities/beacon-wind.
FOR FURTHER INFORMATION CONTACT: Bonnie Houghton, Office of Renewable
Energy Programs, Bureau of Ocean Energy Management, 45600 Woodland
Road, Sterling, Virginia 20166, telephone (703) 438-5108, or email
[email protected].
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 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, BOEM awarded Equinor Wind US, LLC, the commercial wind energy
lease OCS-A 0520. Beacon Wind acquired 100 percent interest in the
Lease Area by assignment effective January 27, 2021, and, has the
exclusive right to submit a COP for activities in it.
Beacon Wind submitted a COP to BOEM proposing the construction,
operation, maintenance, and conceptual decommissioning of two offshore
wind energy facilities (BW1 & BW2) in Lease Area OCS-A-0520. Beacon
Wind's goal is to develop two offshore wind energy facilities in the
Lease Area to provide renewable energy to the State of New York and
other northeastern States. Beacon Wind proposes to construct up to 155
wind turbine generators (WTG) with 2 offshore substations (OSS), for a
total of up to 157 structures in a 1 nm x 1 nm grid distributed across
the Lease Area (Proposed Action). The individual wind farms within the
Lease Area would be electrically isolated and independent from one
another. Transmission systems would connect each OSS to separate
onshore points of interconnection (POIs).
BW1 has a 25-year offtake agreement with the New York State Energy
Research and Development Authority (NYSERDA) and is expected to deliver
1,230 megawatts (MW) of power to the NYISO electric grid at a POI in
Queens, New York. Beacon Wind is actively seeking an offtake agreement
for BW2 in the New England and New York region. Beacon Wind anticipates
that BW2 will deliver more than 1,200 MW of power and interconnect with
either the NYISO grid in Queens or with the New England Independent
System Operator (ISO-NE) grid in Waterford, Connecticut.
BW1 would supply electricity in support of renewable and offshore
wind energy goals established by the State of New York under its 2019
Climate Leadership and Community Protection Act. Among other things,
the law mandates that at least 70 percent of New York's electricity
come from renewable energy sources by 2030 and that 9,000 MW come from
offshore wind energy by 2035. If BW2 also obtains an offtake agreement
with NYSERDA, it would supply additional electricity along the same
cable route as BW1 in support of New York's goals.
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 and its obligations under the
lease, BOEM's purpose is to determine whether to approve, approve with
modifications, or disapprove Beacon Wind's COP. BOEM's purpose supports
the policies stated in Executive Order 14008 and the Federal goal to
deploy 30 gigawatts of offshore wind energy capacity in the United
States by 2030, while protecting biodiversity and promoting ocean co-
use. BOEM will make its determination after weighing the EIS analysis
and the enumerated goals in subsection 8(p)(4) of OCSLA.
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
Project activities. NMFS's decision whether to issue an incidental take
authorization is 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 Beacon Wind's request for authorization to take marine
mammals incidental to Project activities (e.g., pile driving)--is to
evaluate Beacon Wind's request under the MMPA and its implementing
regulations, which are administered by NMFS. NMFS will consider the
impacts of Beacon Wind's activities on relevant resources and, if
appropriate, issue the permit or authorization. NMFS must render a
decision regarding Beacon Wind's request for incidental take
authorization under the MMPA (16 U.S.C. 1371(a)(5)(D)), its
implementing regulations, and NMFS's delegated authorities. If NMFS
decides to authorize incidental takes, NMFS intends to adopt, after
independent review, BOEM's EIS to support that decision and fulfill its
NEPA requirements.
[[Page 42388]]
The U.S. Army Corps of Engineers (USACE) New England District
anticipates permit applications from Beacon Wind for actions undertaken
through authority delegated to the district engineer 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, Beacon
Wind may need section 408 permission pursuant to 33 U.S.C. 408, for any
actions it proposes to take that have the potential to alter, occupy,
or use any existing federally authorized projects. 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)).
As determined by USACE for section 404(b)(1) guidelines evaluation,
the basic Project purpose is offshore wind energy generation. Beacon
Wind's need, as provided in the COP and reviewed by USACE for NEPA
purposes, is to generate electricity from offshore wind energy
facilities located in Lease Area OCS-A 0520.
As determined by Engineer Circular 1165-2-220, the purpose of USACE
section 408 action is to evaluate Beacon Wind's request and determine
whether its Proposed Action would adversely impact the public interest
or a USACE project. 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 in
accordance with 40 CFR 1506.3 if, after its independent review of the
document, USACE concludes that BOEM has satisfactorily addressed its
comments and recommendations. USACE intends to adopt BOEM's EIS to
support its decision on any permits or permissions requested under
sections 10 and 14 of the RHA and section 404 of the CWA. 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.
Proposed Action and Preliminary Alternatives
Beacon Wind proposes to construct and operate two offshore wind
energy facilities within Lease Area OCS-A-0520, with up to 157 total
foundation locations to be occupied by a combination of up to 155 WTGs
and 2 OSSs. Offshore components for BW1 and BW2 include between 61 and
94 WTGs and 1 OSS each, foundations and associated scour protection for
WTGs, associated inter-array cables, 1 high-voltage direct current
(HVDC) submarine export cable route each, cable protection, and 1
temporary meteorological and oceanographic (metocean) buoy. Beacon Wind
is considering monopile, piled jacket, or suction-bucket jacket
foundation types to support the WTG. The OSS would be supported by
either piled jacket or suction-bucket jacket foundations. The WTGs,
OSSs, foundations, and inter-array cables would be located entirely
within the Lease Area. The submarine export cables would be buried in
the U.S. Outer Continental Shelf and in the seabed under the State
waters of New York and potentially of Connecticut (if the export cable
from BW2 makes landfall in Waterford, Connecticut).
The BW1 submarine export cable would make landfall and interconnect
to the NYISO grid in Queens. The BW2 cable would make landfall in
either Queens or Waterford; if landfall is in Waterford, the cables
would interconnect with the ISO-NE grid in Connecticut. BW1's onshore
components would be sited in Queens, and BW2's in either Queens or
Waterford.
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 Beacon Wind COP, and the
proposed wind energy facilities described in the COP would not be built
within the Lease Area.
After completing the EIS and associated consultations, BOEM will
decide through a ROD whether to approve, approve with modification, or
disapprove the Beacon Wind COP. If BOEM approves the COP, Beacon Wind
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 could cause conflicts with military
activities, air traffic, land-based radar services, cables and
pipelines, and scientific surveys. The EIS will analyze all 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. The
Project is estimated to support 5,958 to 6,491 job-years cumulatively
during the development and construction phases, including indirect and
induced employment opportunities. During the operations and maintenance
phase, the Project is estimated to support 21,117 to 22,681 jobs-years
during an estimated 40 years of operation and maintenance (including
decommissioning).
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
[[Page 42389]]
Tribal consultations. For a detailed listing of regulatory requirements
applicable to the Project, please see the COP, volume I, available at
www.boem.gov/renewable-energy/state-activities/beacon-wind.
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 allow the
NEPA process and documentation to substitute for various aspects of the
NHPA review. See 36 CFR 800.8(c). 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.
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 in July 2024. 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 2025. 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
environmental review and permitting process for significant
infrastructure projects. To view the FAST-41 Permitting Dashboard for
the Project, visit: www.permits.performance.gov/permitting-project/beacon-wind.
Scoping Process
This NOI commences the public scoping process to identify issues
and potential alternatives for consideration in the Beacon Wind EIS.
BOEM will hold 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 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 will provide 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: www.energy.gov/sites/prod/files/nepapub/nepa_documents/RedDont/G-CEQ-CoopAgenciesImplem.pdf.
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 Alice Muntz at [email protected].
BOEM will determine which interested parties should be consulting
parties.
Comments
Federal agencies, Tribes, State and local governments, and other
interested parties 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 privileged or confidential information that you
submit when 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.
[[Page 42390]]
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 regulations.gov.
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 designate information that falls
under section 304 of NHPA as confidential.
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 www.boem.gov/renewable-energy/state-activities/beacon-wind. 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: This NOI is published in accordance with NEPA, 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. 2023-13918 Filed 6-29-23; 8:45 am]
BILLING CODE 4340-98-P
