John H. Chafee Coastal Barrier Resources System; Florida, Georgia, Louisiana, Maine, and New York; Draft 5-Year Review Boundaries, 75621-75624 [2023-23864]
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Federal Register / Vol. 88, No. 212 / Friday, November 3, 2023 / Notices
• Form 3–2321, ‘‘Federal Subsistence
Regional Advisory Council Membership
Application/Nomination.’’
• Form 3–2322, ‘‘Regional Advisory
Council Candidate Interview.’’
• Form 3–2323, ‘‘Regional Advisory
Council Reference/Key Contact
Interview.’’
The member selection process begins
with the information that we collect on
the application. Ten interagency review
panels interview all applicants and
nominees, their references, and regional
key contacts. These contacts are based
on the information that the applicant
provides on the application form. The
information that we collect through the
application form and subsequent
interviews is the basis of the Federal
Subsistence Board’s recommendations
to the Secretaries of the Interior and
Agriculture for appointment and
reappointment of council members.
We use the following forms to collect
information from qualified rural
residents for subsistence harvest:
• Form 3–2326, ‘‘Federal Subsistence
Hunt Application, Permit, and Report.’’
• Form 3–2327, ‘‘Designated Hunter
Permit Application, Permit, and
Report.’’
• Form 3–2328, ‘‘Federal Subsistence
Fishing Application, Permit, and
Report.’’
• Form 3–2378, ‘‘Designated Fishing
Permit Application, Permit, and
Report.’’
• Form 3–2379, ‘‘Federal Subsistence
Customary Trade Recordkeeping Form.’’
We use the information collected to
evaluate:
• Eligibility of applicant.
• Subsistence harvest success.
• Effectiveness of season lengths,
harvest quotas, and harvest restrictions.
• Hunting patterns and practices.
• Hunter use.
The Federal Subsistence Board uses
the harvest data, along with other
information, to set future season dates
and harvest limits for Federal
subsistence resource users. These
seasons and harvest limits are set to
meet the needs of subsistence users
without adverse impact to the health of
existing animal populations.
In addition to the above forms,
regulations at 50 CFR part 100 and 36
CFR part 242 contain requirements for
the collection of information. We collect
nonform information on:
• Repeal of Federal subsistence rules
and regulations (50 CFR 100.14 and 36
CFR 242.14).
• Proposed changes to Federal
subsistence regulations (50 CFR 100.18
and 36 CFR 242.18).
• Special action requests (50 CFR
100.19 and 36 CFR 242.19).
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• Requests for reconsideration (50
CFR 100.20 and 36 CFR 242.20).
• Requests for permits and reports,
such as traditional religious/cultural/
educational permits, fishwheel permits,
fyke net permits, and under-ice permits
(50 CFR 100.25–27 and 36 CFR 242.25–
27).
Title of Collection: Federal
Subsistence Regulations and Associated
Forms, 50 CFR 100 and 36 CFR 242.
OMB Control Number: 1018–0075.
Form Numbers: FWS Forms 3–2300,
3–2321 through 3–2323, 3–2326 through
3–2328, and 3–2378 through 3–2379.
Type of Review: Extension of the
currently approved collection.
Respondents/Affected Public:
Individuals; private sector; and State,
local, and Tribal governments. Most
respondents are individuals who are
federally defined rural residents in
Alaska.
Total Estimated Number of Annual
Respondents: 15,242.
Total Estimated Number of Annual
Responses: 15,242.
Estimated Completion Time per
Response: Varies from 15 minutes to 4
hours, depending on activity.
Total Estimated Number of Annual
Burden Hours: 6,769.
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.).
Madonna Baucum,
Information Collection Clearance Officer, U.S.
Fish and Wildlife Service.
[FR Doc. 2023–24376 Filed 11–2–23; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS–HQ–ES–2023–0148;
FF09E42000–FXES111609BFEDR–234]
John H. Chafee Coastal Barrier
Resources System; Florida, Georgia,
Louisiana, Maine, and New York; Draft
5-Year Review Boundaries
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; request
for comments.
AGENCY:
The Coastal Barrier Resources
Act (CBRA) requires the Secretary of the
SUMMARY:
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Interior to review the maps of the John
H. Chafee Coastal Barrier Resources
System (CBRS) at least once every 5
years and make any minor and technical
modifications to the boundaries of the
CBRS as are necessary to reflect changes
that have occurred in the size or
location of any unit as a result of natural
forces. We, the U.S. Fish and Wildlife
Service (Service), have conducted this
review for CBRS units in Florida,
Georgia, Louisiana, Maine, and the
Great Lakes region of New York. With
this notice, we announce the findings of
our review and invite comments on the
draft revised boundaries from Federal,
State, and local officials.
DATES: To ensure consideration, we
must receive your written comments by
December 4, 2023.
ADDRESSES:
Accessing Files: The draft revised
boundaries may be viewed in a web
mapping application accessed from the
Service’s website at https://
www.fws.gov/project/cbrs-5-year-review.
For more information, see Request for
Comments under SUPPLEMENTARY
INFORMATION.
Submitting Comments: You may
submit written comments by one of the
following methods:
• Internet: Go to: https://
www.regulations.gov. Search for and
submit comments on Docket No. FWS–
HQ–ES–2023–0148.
• U.S. mail or hand-delivery: Public
Comments Processing, Attn: Docket No.
FWS–HQ–ES–2023–0148, U.S. Fish and
Wildlife Service, 5275 Leesburg Pike,
MS: PRB/3W, Falls Church, VA 22041–
3808.
We request that you send comments
by only one of the methods described
above. We will post all information
received on https://
www.regulations.gov. If you provide
personal identifying information in your
comment, you may request at the top of
your document that we withhold this
information from public review.
However, we cannot guarantee that we
will be able to do so.
FOR FURTHER INFORMATION CONTACT:
Katie Niemi, Coastal Barriers
Coordinator, via telephone at 703–358–
2071 or email at CBRA@fws.gov.
Individuals in the United States who are
deaf, deafblind, hard of hearing, or have
a speech disability may dial 711 (TTY,
TDD, or TeleBraille) to access
telecommunications relay services.
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point-ofcontact in the United States.
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Federal Register / Vol. 88, No. 212 / Friday, November 3, 2023 / Notices
The
Coastal Barrier Resources Act (CBRA; 16
U.S.C. 3501 et seq.) requires the
Secretary of the Interior (Secretary) to
review the maps of the CBRS at least
once every 5 years and make, in
consultation with the appropriate
Federal, State, and local officials, such
minor and technical modifications to
the boundaries of the CBRS as are
necessary solely to reflect changes that
have occurred in the size or location of
any unit as a result of natural forces (16
U.S.C. 3503(c)).
The Service’s review included:
• Six of the 137 total units located in
Florida
• All 13 units located in Georgia
• Fifteen of the 21 total units located in
Louisiana
• All 34 units located in Maine
• All 21 units located in the Great Lakes
region of New York
The remaining Louisiana and New
York (Long Island) units were not
included in this review because they are
part of separate comprehensive mapping
projects (the related maps are awaiting
adoption by Congress through
legislation). The remaining Florida units
were not included in this review but are
planned for review in the future.
Of the 89 total units reviewed, the
Service revised 13 units that changed in
size or location as a result of natural
forces since they were last mapped. The
Service’s review of these areas also
found two CBRS units that require
modifications to correct administrative
errors made in the past on maps for Lee
County, Florida.
SUPPLEMENTARY INFORMATION:
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Background and Methodology
Background information on the 5-year
review effort and the methodology used
to produce the revised boundaries can
be found in a notice the Service
published in the Federal Register on
November 22, 2022 (87 FR 71352).
Prior to the Service’s ‘‘digital
conversion’’ effort for the CBRS maps
(carried out during the period 2013–
2016), the official CBRS maps had
significant limitations due to their age,
scale, and the now antiquated
techniques used to create them. On
August 29, 2013 (78 FR 53467), the
Service published a notice in the
Federal Register describing the
limitations of those original maps, along
with the methodology that was used to
transcribe the boundaries from those
maps to new base map imagery for the
purposes of the 5-year review. In that
notice, the Service also described
limited circumstances under which
CBRS boundaries may be modified to
correct administrative errors made in
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the past, either in (a) the transcription
of the boundaries from maps that were
reviewed and approved by Congress to
the official CBRS maps on file with the
Service or (b) the inclusion of
unqualifying areas to the CBRS through
a map modification to account for
natural changes under 16 U.S.C.
3503(c). We found two administrative
errors in Units P19 and P19P that were
introduced through the digital
conversion and 5-year review effort in
Florida in 2016. Minor corrections to
these two units are described below.
Proposed Modifications to the CBRS
In accordance with CBRA’s
requirement to update the CBRS maps at
least once every 5 years to account for
natural changes, the Service has
conducted a review of certain unit
boundaries in Florida, Georgia,
Louisiana, Maine, and the Great Lakes
region of New York.
The Service made modifications due
to natural changes in the size or location
of a total of 13 CBRS units (of the 89
units reviewed). In addition, two units
in Florida were modified to correct
administrative errors made in the past
on maps for Lee County, Florida. Below
is a summary of those changes and the
results of our review.
Florida
The Service’s review found that five
of the six CBRS units in Florida that are
included in this review (Units FL–70,
FL–70P, P19, P19P, P20, and P20P)
require changes due to natural forces. In
addition, two units in Florida, P19 and
P19P, were modified to correct
administrative errors. The imagery that
was used on the currently effective
maps is dated 2013. The imagery that
was used for this review, and will be
used for the revised maps, is dated
2022. Other CBRS units in Florida were
not assessed as part of this review.
For Unit P19, the administrative
errors affect three privately owned
structures that were inadvertently added
to the unit when the Service modified
the boundary in a prior 5-year review.
Additionally, one adjustment was
needed to correct an error in the
transcription of a portion of the
boundary of Unit P19P along the
excluded area at the northern end of
North Captiva Island affecting one
structure. These errors are corrected as
described below under these two units.
Otherwise Protected Area (OPA) Unit
P19P is made up of 15 discrete segments
on North Captiva Island that are
interspersed with System Unit P19. We
are only modifying the northernmost
segment of Unit P19P to reflect changes
from natural forces. Although erosion
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has been occurring along the other 14
segments, we found that modifications
beyond the scope of this project and our
5-year review authority are needed to
first address significant misalignments
in the locations of the OPA boundaries
and the Cayo Costa State Park parcels
they were intended to follow. These
alignment errors were already present
on the map adopted by Congress in 2000
via Public Law 106–360 and can be
attributed to imprecise information
regarding the location of the parcel
boundaries at the time the CBRS map
was produced. However, because these
other errors are not of the administrative
nature described in the Background and
Methodology section above, they cannot
be corrected administratively by the
Service. Rather, such changes must be
made through the comprehensive
remapping process, which is described
in more detail in a notice the Service
published in the Federal Register on
January 4, 2021 (86 FR 118).
FL–70P: GASPARILLA ISLAND. Unit
FL–70P has two discrete segments, but
modifications to account for natural
changes were only necessary in the
western segment. The western boundary
of the excluded area of this segment has
been modified to account for natural
changes in the shoreline between the
Boca Grande Rear Range Lighthouse and
Sea Grape Beach.
P19: NORTH CAPTIVA ISLAND. The
boundary along the western side of
North Captiva Island that is coincident
with the northernmost segment of Unit
P19P has been modified to account for
natural changes in the shoreline along
the Gulf of Mexico. The excluded area
boundary at the northern tip of North
Captiva Island has been modified to
account for natural changes in the
shoreline along the Gulf of Mexico and
Captiva Pass.
In addition, two segments of the
boundary along the excluded area have
been modified to correct an
administrative error made during the
previous 5-year review for this unit that
affected three existing structures. That
boundary was modified in 2016 to
account for natural changes in the
shoreline. However, that boundary
modification was not included in the
description of the 5-year review changes
included in the Federal Register notices
associated with this unit dated
November 17, 2015 (80 FR 71826) and
March 14, 2016 (81 FR 13407). The 2016
boundary change inadvertently resulted
in adding to the unit three existing
structures along the beach in the North
Captiva Dunes subdivision. The
boundary has been modified so that the
structures will no longer be located
within the unit.
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P19P: NORTH CAPTIVA ISLAND.
Unit P19P has 15 discrete segments that
are all coincident with Unit P19. In the
northernmost segment of Unit P19P, the
western boundary coincident with Unit
P19 has been modified to account for
natural changes in the shoreline along
the Gulf of Mexico.
Additionally, an adjustment has been
made to correct an administrative error
in the transcription of the boundary
from the CBRS map dated October 27,
2000, to the official map dated January
11, 2016, for this unit. We found that
when we digitized the southern
boundary of the excluded area on North
Captiva Island for the purposes of the 5year review in 2015–2016, we did not
properly follow the boundary
transcription methodology described in
the notice published in the Federal
Register (August 29, 2013; 78 FR
53467).
This transcription error resulted in
small portions of six privately owned
parcels, including one existing
structure, being incorrectly depicted as
within the unit in 2016. The southern
boundary of the excluded area (part of
the northern boundary of Unit P19P) is
adjusted to correct this error and
maintain the relationship between the
OPA boundary, and the boundary of
Cayo Costa State Park as established by
Congress via Public Law 106–360 in
2000 and clearly indicated by legislative
history and our background records on
Unit P19P.
P20: CAYO COSTA. The coincident
boundary between Units P20 and P20P
at the northern tip of Cayo Costa has
been modified to account for natural
changes in the shoreline along Boca
Grande Pass.
P20P: CAYO COSTA. Unit P20P has
13 discrete segments, but modifications
to account for natural changes were only
necessary in the northernmost segment.
The coincident boundary between Units
P20 and P20P at the northern tip of
Cayo Costa has been modified to
account for natural changes in the
shoreline along Boca Grande Pass.
Georgia
The Service’s review found that 4 of
the 13 CBRS units in Georgia require
changes due to natural forces. The
imagery that was used on the currently
effective map is dated 2013. The
imagery that was used for this review,
and will be used for the revised map, is
dated 2021.
GA–05P: ALTAMAHA/WOLF
ISLANDS: The coincident boundary
between Units GA–05P and N03 has
been modified to account for accretion
at the northern tip of Little St. Simons
Island.
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N03: LITTLE ST. SIMONS ISLAND:
The coincident boundary between Units
GA–05P and N03 has been modified to
account for accretion at the northern tip
of Little St. Simons Island.
N06: CUMBERLAND ISLAND: Unit
N06 has five discrete segments, but
modifications to account for natural
changes were only necessary in the
southernmost segment. The coincident
boundary between Units N06 and N06P
along Beach Creek near its confluence
with Cumberland Sound has been
modified to account for natural changes
in the shoreline.
N06P: CUMBERLAND ISLAND: Unit
N06P has six discrete segments, but
modifications to account for natural
changes were only necessary in the
southernmost segment. The coincident
boundary between Units N06 and N06P
along Beach Creek near its confluence
with Cumberland Sound has been
modified to account for natural changes
in the shoreline.
Louisiana
The Service’s review found that 3 of
the 15 CBRS units in Louisiana that are
included in this review (Units LA–03P,
LA–04P, LA–05P, LA–07, LA–08P, LA–
09, LA–10, S01, S01A, S02, S03, S08,
S09, S10, and S11) require changes due
to natural forces. The imagery that was
used on the currently effective maps is
dated 2013. The imagery that was used
for this review, and will be used for the
revised maps, is dated 2021.
The remaining six Louisiana units
were not assessed as part of this review
because they are part of a separate
comprehensive mapping project (the
related maps are awaiting adoption by
Congress through legislation).
LA–05P: MARSH ISLAND/RAINEY.
The boundary of the unit has been
modified to account for wetland erosion
along Vermilion Bay and West Cote
Blanche Bay. Due to the significant rate
of erosion in this area, some of the
boundary has been generalized (i.e.,
simplified so that the map is clear, and
the boundary is not overly detailed).
LA–10: CALCASIEU PASS. A portion
of the northern boundary of the unit has
been modified to account for wetland
erosion along West Cove. Due to the
significant rate of erosion in this area,
some of the boundary has been
generalized (i.e., simplified so that the
map is clear, and the boundary is not
overly detailed).
S10: MERMENTAU RIVER. The
southern boundary of the excluded area
at the western end of the unit has been
modified to account for shoreline
erosion along the Gulf of Mexico.
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Maine
The Service’s review found that the
34 CBRS units in Maine do not need to
be modified due to changes from natural
forces. The imagery that was used on
the currently effective maps is dated
2011 and/or 2012, with the exception of
one map that also utilizes imagery dated
2003–2005. The imagery that was used
for this review, and will be used for the
revised maps, is dated 2021.
New York (Great Lakes)
The Service’s review found that 1 of
the 21 CBRS units in the Great Lakes
region of New York (the only CBRS
units in New York that were part of this
review) requires changes due to natural
forces. The imagery that was used on
the currently effective maps is dated
2013. The imagery that was used for this
review, and will be used for the revised
maps, is dated 2022.
The remaining CBRS units in the
Long Island region of New York were
not assessed as part of this review
because they are part of a separate
comprehensive mapping project related
to Hurricane Sandy (the related maps
are awaiting adoption by Congress
through legislation).
NY–62: GRENADIER ISLAND. The
eastern lateral boundary of the unit has
been modified to account for the
accretion of a sand spit that has
migrated outside the unit.
Request for Comments
CBRA requires consultation with the
appropriate Federal, State, and local
officials on the proposed CBRS
boundary modifications to reflect
changes that have occurred in the size
or location of any unit as a result of
natural forces (16 U.S.C. 3503(c)). We
therefore invite interested Federal,
State, and local officials to review and
comment on the draft revised
boundaries for Florida, Georgia,
Louisiana, Maine, and the Great Lakes
region of New York. The Service is
specifically notifying the following
stakeholders concerning the availability
of the draft revised boundaries: (1) the
Chair and Ranking Member of the House
of Representatives Committee on
Natural Resources, the Chair and
Ranking Member of the Senate
Committee on Environment and Public
Works, and the members of the Senate
and House of Representatives for the
affected areas; (2) the governors of the
affected areas; (3) State and local
officials with floodplain management
and/or land use responsibilities for the
affected areas; and (4) Federal officials
with knowledge of the coastal
geomorphology within the affected
areas.
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Federal Register / Vol. 88, No. 212 / Friday, November 3, 2023 / Notices
Federal, State, and local officials may
submit written comments and
accompanying data as described in
ADDRESSES, above. Comments regarding
specific CBRS unit(s) should reference
the appropriate unit number(s) and unit
name(s). Please note that boundary
modifications through the 5-year review
process can only be made to reflect
changes that have occurred in the size
or location of any CBRS unit as a result
of natural forces. Other requests for
changes to the CBRS outside of the
Service’s administrative authorities (16
U.S.C. 3503(c)–(d)) will not be
considered at this time. We must receive
comments on or before the date listed
above in DATES.
The draft revised boundaries may be
viewed in a web mapping application
accessed from the Service’s website at
https://www.fws.gov/project/cbrs-5year-review. A shapefile of the draft
revised CBRS boundaries, which can be
used with GIS software, is also available
for download. The shapefile is best
viewed using the base imagery to which
the boundaries were drawn; the base
imagery sources and dates are included
in the metadata for the shapefile. The
Service is not responsible for any
misuse or misinterpretation of the
shapefile.
Interested parties who are unable to
access the draft revised boundaries or
other information online may contact
the individual identified in FOR FURTHER
INFORMATION CONTACT, above, and
reasonable accommodations will be
made.
Next Steps
Following the close of the comment
period, the Service will review all
comments received on the draft revised
boundaries; adjust the boundaries, as
appropriate; prepare final revised maps;
and publish a notice in the Federal
Register to announce the availability of
the final revised maps. The revised
maps will take effect upon the date of
publication of that notice in the Federal
Register.
Authority
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Coastal Barrier Resources Act (CBRA;
16 U.S.C. 3501 et seq.).
Gary Frazer,
Assistant Director for Ecological Services.
[FR Doc. 2023–23864 Filed 11–2–23; 8:45 am]
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DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
[Docket No. BOEM–2023–0047]
Notice of Availability of a Joint Record
of Decision for the Proposed Coastal
Virginia Offshore Wind Commercial
Project
Bureau of Ocean Energy
Management (BOEM), Interior; National
Marine Fisheries Service (NMFS),
National Oceanic and Atmospheric
Administration (NOAA), Commerce.
ACTION: Record of decision (ROD);
notice of availability.
AGENCY:
BOEM announces the
availability of the joint ROD on the
Final Environmental Impact Statement
(EIS) for the construction and operations
plan (COP) submitted by Virginia
Electric and Power Company (dba
Dominion Energy) for its proposed
Coastal Virginia Offshore Wind
Commercial Project (Project), offshore
Virginia Beach, Virginia. The joint ROD
includes the Department of the Interior’s
(DOI) decision regarding the COP and
NMFS’ plans for decision, pending
completion of all statutory processes,
regarding Dominion Energy’s requested
Incidental Take Regulations (ITR) and
an associated Letter of Authorization
(LOA) under the Marine Mammal
Protection Act (MMPA). NMFS has
adopted the final EIS to support its
decision of whether or not to issue the
requested ITR under the MMPA. The
joint ROD concludes the National
Environmental Policy Act process for
each agency.
ADDRESSES: The joint ROD and
associated information are available on
BOEM’s website at https://
www.boem.gov/renewable-energy/stateactivities/CVOW-C.
FOR FURTHER INFORMATION CONTACT: For
information related to BOEM’s action,
contact Jessica Stromberg, BOEM Office
of Renewable Energy Programs, 45600
Woodland Road, VAM–OREP, Sterling,
Virginia 20166, (703) 787–1730, or
jessica.stromberg@boem.gov; For
information related to NMFS’ action,
contact Katherine Renshaw, NOAA
Office of General Counsel, (302) 515–
0324.
SUMMARY:
Dominion
Energy seeks approval to construct,
operate, and maintain the Project: a
wind energy facility and the associated
export cables on the Outer Continental
Shelf (OCS) offshore Virginia. The
Project would be developed within the
range of design parameters outlined in
SUPPLEMENTARY INFORMATION:
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the COP, subject to applicable
mitigation measures.
The Project as proposed in the COP
would include up to 202 wind turbine
generators (WTGs); 3 offshore, high
voltage, alternating current substations;
inter-array cables linking the individual
turbines to the offshore substations;
substation interconnector cables linking
the substations to each other; offshore
export cables; an onshore export cable
system; an onshore switching station
north of Harpers Road (Harpers
Switching Station) or north of Princess
Anne Road (Chicory Switching Station)
in Virginia Beach, Virginia; and an
overhead power line connection to the
existing electrical grid at the Fentress
Substation in Chesapeake, Virginia.
The WTGs, offshore substations, interarray cables, and substation
interconnector cables would be located
on the OCS approximately 24 nautical
miles (27 statute miles) east of Virginia
Beach, Virginia, within the area defined
by Renewable Energy Lease OCS–A–
0483. The offshore export cables would
be buried below the seabed surface on
the OCS and Commonwealth of
Virginia-owned submerged lands. The
onshore export cables, substations, and
grid connections would be located in
Princess Anne County, Virginia.
After carefully considering public
comments on the draft EIS and the
alternatives described and analyzed in
the final EIS, DOI selected Alternative
B, ‘‘Revised Layout to Accommodate the
Fish Haven and Navigation,’’ in
combination with Alternative D–1,
‘‘Onshore Habitat Impact Minimization
Alternative.’’ This combination of
alternatives B and D–1 is the preferred
alternative identified in the final EIS.
The anticipated mitigation, monitoring,
and reporting requirements, which will
be included in BOEM’s COP approval as
terms and conditions, are included in
the ROD, which is available at: https://
www.boem.gov/renewable-energy/stateactivities/CVOW-C.
NMFS has adopted BOEM’s final EIS
to support its decision of whether or not
to promulgate the requested ITR and
issue the associated LOA to Dominion
Energy. NMFS’ final decision of
whether or not to promulgate the
requested ITR and issue the LOA will be
documented in a separate Decision
Memorandum prepared in accordance
with internal NMFS policy and
procedures. The final ITR and a notice
of issuance of the LOA, if issued, will
be published in the Federal Register.
The LOA would authorize Dominion
Energy to take small numbers of marine
mammals incidental to Project
construction and would set forth
permissible methods of incidental
E:\FR\FM\03NON1.SGM
03NON1
]]>Agencies
[Federal Register Volume 88, Number 212 (Friday, November 3, 2023)]
[Notices]
[Pages 75621-75624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23864]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-HQ-ES-2023-0148; FF09E42000-FXES111609BFEDR-234]
John H. Chafee Coastal Barrier Resources System; Florida,
Georgia, Louisiana, Maine, and New York; Draft 5-Year Review Boundaries
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
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SUMMARY: The Coastal Barrier Resources Act (CBRA) requires the
Secretary of the Interior to review the maps of the John H. Chafee
Coastal Barrier Resources System (CBRS) at least once every 5 years and
make any minor and technical modifications to the boundaries of the
CBRS as are necessary to reflect changes that have occurred in the size
or location of any unit as a result of natural forces. We, the U.S.
Fish and Wildlife Service (Service), have conducted this review for
CBRS units in Florida, Georgia, Louisiana, Maine, and the Great Lakes
region of New York. With this notice, we announce the findings of our
review and invite comments on the draft revised boundaries from
Federal, State, and local officials.
DATES: To ensure consideration, we must receive your written comments
by December 4, 2023.
ADDRESSES:
Accessing Files: The draft revised boundaries may be viewed in a
web mapping application accessed from the Service's website at https://www.fws.gov/project/cbrs-5-year-review. For more information, see
Request for Comments under SUPPLEMENTARY INFORMATION.
Submitting Comments: You may submit written comments by one of the
following methods:
Internet: Go to: https://www.regulations.gov. Search for
and submit comments on Docket No. FWS-HQ-ES-2023-0148.
U.S. mail or hand-delivery: Public Comments Processing,
Attn: Docket No. FWS-HQ-ES-2023-0148, U.S. Fish and Wildlife Service,
5275 Leesburg Pike, MS: PRB/3W, Falls Church, VA 22041-3808.
We request that you send comments by only one of the methods
described above. We will post all information received on https://www.regulations.gov. If you provide personal identifying information in
your comment, you may request at the top of your document that we
withhold this information from public review. However, we cannot
guarantee that we will be able to do so.
FOR FURTHER INFORMATION CONTACT: Katie Niemi, Coastal Barriers
Coordinator, via telephone at 703-358-2071 or email at [email protected].
Individuals in the United States who are deaf, deafblind, hard of
hearing, or have a speech disability may dial 711 (TTY, TDD, or
TeleBraille) to access telecommunications relay services. Individuals
outside the United States should use the relay services offered within
their country to make international calls to the point-of-contact in
the United States.
[[Page 75622]]
SUPPLEMENTARY INFORMATION: The Coastal Barrier Resources Act (CBRA; 16
U.S.C. 3501 et seq.) requires the Secretary of the Interior (Secretary)
to review the maps of the CBRS at least once every 5 years and make, in
consultation with the appropriate Federal, State, and local officials,
such minor and technical modifications to the boundaries of the CBRS as
are necessary solely to reflect changes that have occurred in the size
or location of any unit as a result of natural forces (16 U.S.C.
3503(c)).
The Service's review included:
Six of the 137 total units located in Florida
All 13 units located in Georgia
Fifteen of the 21 total units located in Louisiana
All 34 units located in Maine
All 21 units located in the Great Lakes region of New York
The remaining Louisiana and New York (Long Island) units were not
included in this review because they are part of separate comprehensive
mapping projects (the related maps are awaiting adoption by Congress
through legislation). The remaining Florida units were not included in
this review but are planned for review in the future.
Of the 89 total units reviewed, the Service revised 13 units that
changed in size or location as a result of natural forces since they
were last mapped. The Service's review of these areas also found two
CBRS units that require modifications to correct administrative errors
made in the past on maps for Lee County, Florida.
Background and Methodology
Background information on the 5-year review effort and the
methodology used to produce the revised boundaries can be found in a
notice the Service published in the Federal Register on November 22,
2022 (87 FR 71352).
Prior to the Service's ``digital conversion'' effort for the CBRS
maps (carried out during the period 2013-2016), the official CBRS maps
had significant limitations due to their age, scale, and the now
antiquated techniques used to create them. On August 29, 2013 (78 FR
53467), the Service published a notice in the Federal Register
describing the limitations of those original maps, along with the
methodology that was used to transcribe the boundaries from those maps
to new base map imagery for the purposes of the 5-year review. In that
notice, the Service also described limited circumstances under which
CBRS boundaries may be modified to correct administrative errors made
in the past, either in (a) the transcription of the boundaries from
maps that were reviewed and approved by Congress to the official CBRS
maps on file with the Service or (b) the inclusion of unqualifying
areas to the CBRS through a map modification to account for natural
changes under 16 U.S.C. 3503(c). We found two administrative errors in
Units P19 and P19P that were introduced through the digital conversion
and 5-year review effort in Florida in 2016. Minor corrections to these
two units are described below.
Proposed Modifications to the CBRS
In accordance with CBRA's requirement to update the CBRS maps at
least once every 5 years to account for natural changes, the Service
has conducted a review of certain unit boundaries in Florida, Georgia,
Louisiana, Maine, and the Great Lakes region of New York.
The Service made modifications due to natural changes in the size
or location of a total of 13 CBRS units (of the 89 units reviewed). In
addition, two units in Florida were modified to correct administrative
errors made in the past on maps for Lee County, Florida. Below is a
summary of those changes and the results of our review.
Florida
The Service's review found that five of the six CBRS units in
Florida that are included in this review (Units FL-70, FL-70P, P19,
P19P, P20, and P20P) require changes due to natural forces. In
addition, two units in Florida, P19 and P19P, were modified to correct
administrative errors. The imagery that was used on the currently
effective maps is dated 2013. The imagery that was used for this
review, and will be used for the revised maps, is dated 2022. Other
CBRS units in Florida were not assessed as part of this review.
For Unit P19, the administrative errors affect three privately
owned structures that were inadvertently added to the unit when the
Service modified the boundary in a prior 5-year review. Additionally,
one adjustment was needed to correct an error in the transcription of a
portion of the boundary of Unit P19P along the excluded area at the
northern end of North Captiva Island affecting one structure. These
errors are corrected as described below under these two units.
Otherwise Protected Area (OPA) Unit P19P is made up of 15 discrete
segments on North Captiva Island that are interspersed with System Unit
P19. We are only modifying the northernmost segment of Unit P19P to
reflect changes from natural forces. Although erosion has been
occurring along the other 14 segments, we found that modifications
beyond the scope of this project and our 5-year review authority are
needed to first address significant misalignments in the locations of
the OPA boundaries and the Cayo Costa State Park parcels they were
intended to follow. These alignment errors were already present on the
map adopted by Congress in 2000 via Public Law 106-360 and can be
attributed to imprecise information regarding the location of the
parcel boundaries at the time the CBRS map was produced. However,
because these other errors are not of the administrative nature
described in the Background and Methodology section above, they cannot
be corrected administratively by the Service. Rather, such changes must
be made through the comprehensive remapping process, which is described
in more detail in a notice the Service published in the Federal
Register on January 4, 2021 (86 FR 118).
FL-70P: GASPARILLA ISLAND. Unit FL-70P has two discrete segments,
but modifications to account for natural changes were only necessary in
the western segment. The western boundary of the excluded area of this
segment has been modified to account for natural changes in the
shoreline between the Boca Grande Rear Range Lighthouse and Sea Grape
Beach.
P19: NORTH CAPTIVA ISLAND. The boundary along the western side of
North Captiva Island that is coincident with the northernmost segment
of Unit P19P has been modified to account for natural changes in the
shoreline along the Gulf of Mexico. The excluded area boundary at the
northern tip of North Captiva Island has been modified to account for
natural changes in the shoreline along the Gulf of Mexico and Captiva
Pass.
In addition, two segments of the boundary along the excluded area
have been modified to correct an administrative error made during the
previous 5-year review for this unit that affected three existing
structures. That boundary was modified in 2016 to account for natural
changes in the shoreline. However, that boundary modification was not
included in the description of the 5-year review changes included in
the Federal Register notices associated with this unit dated November
17, 2015 (80 FR 71826) and March 14, 2016 (81 FR 13407). The 2016
boundary change inadvertently resulted in adding to the unit three
existing structures along the beach in the North Captiva Dunes
subdivision. The boundary has been modified so that the structures will
no longer be located within the unit.
[[Page 75623]]
P19P: NORTH CAPTIVA ISLAND. Unit P19P has 15 discrete segments that
are all coincident with Unit P19. In the northernmost segment of Unit
P19P, the western boundary coincident with Unit P19 has been modified
to account for natural changes in the shoreline along the Gulf of
Mexico.
Additionally, an adjustment has been made to correct an
administrative error in the transcription of the boundary from the CBRS
map dated October 27, 2000, to the official map dated January 11, 2016,
for this unit. We found that when we digitized the southern boundary of
the excluded area on North Captiva Island for the purposes of the 5-
year review in 2015-2016, we did not properly follow the boundary
transcription methodology described in the notice published in the
Federal Register (August 29, 2013; 78 FR 53467).
This transcription error resulted in small portions of six
privately owned parcels, including one existing structure, being
incorrectly depicted as within the unit in 2016. The southern boundary
of the excluded area (part of the northern boundary of Unit P19P) is
adjusted to correct this error and maintain the relationship between
the OPA boundary, and the boundary of Cayo Costa State Park as
established by Congress via Public Law 106-360 in 2000 and clearly
indicated by legislative history and our background records on Unit
P19P.
P20: CAYO COSTA. The coincident boundary between Units P20 and P20P
at the northern tip of Cayo Costa has been modified to account for
natural changes in the shoreline along Boca Grande Pass.
P20P: CAYO COSTA. Unit P20P has 13 discrete segments, but
modifications to account for natural changes were only necessary in the
northernmost segment. The coincident boundary between Units P20 and
P20P at the northern tip of Cayo Costa has been modified to account for
natural changes in the shoreline along Boca Grande Pass.
Georgia
The Service's review found that 4 of the 13 CBRS units in Georgia
require changes due to natural forces. The imagery that was used on the
currently effective map is dated 2013. The imagery that was used for
this review, and will be used for the revised map, is dated 2021.
GA-05P: ALTAMAHA/WOLF ISLANDS: The coincident boundary between
Units GA-05P and N03 has been modified to account for accretion at the
northern tip of Little St. Simons Island.
N03: LITTLE ST. SIMONS ISLAND: The coincident boundary between
Units GA-05P and N03 has been modified to account for accretion at the
northern tip of Little St. Simons Island.
N06: CUMBERLAND ISLAND: Unit N06 has five discrete segments, but
modifications to account for natural changes were only necessary in the
southernmost segment. The coincident boundary between Units N06 and
N06P along Beach Creek near its confluence with Cumberland Sound has
been modified to account for natural changes in the shoreline.
N06P: CUMBERLAND ISLAND: Unit N06P has six discrete segments, but
modifications to account for natural changes were only necessary in the
southernmost segment. The coincident boundary between Units N06 and
N06P along Beach Creek near its confluence with Cumberland Sound has
been modified to account for natural changes in the shoreline.
Louisiana
The Service's review found that 3 of the 15 CBRS units in Louisiana
that are included in this review (Units LA-03P, LA-04P, LA-05P, LA-07,
LA-08P, LA-09, LA-10, S01, S01A, S02, S03, S08, S09, S10, and S11)
require changes due to natural forces. The imagery that was used on the
currently effective maps is dated 2013. The imagery that was used for
this review, and will be used for the revised maps, is dated 2021.
The remaining six Louisiana units were not assessed as part of this
review because they are part of a separate comprehensive mapping
project (the related maps are awaiting adoption by Congress through
legislation).
LA-05P: MARSH ISLAND/RAINEY. The boundary of the unit has been
modified to account for wetland erosion along Vermilion Bay and West
Cote Blanche Bay. Due to the significant rate of erosion in this area,
some of the boundary has been generalized (i.e., simplified so that the
map is clear, and the boundary is not overly detailed).
LA-10: CALCASIEU PASS. A portion of the northern boundary of the
unit has been modified to account for wetland erosion along West Cove.
Due to the significant rate of erosion in this area, some of the
boundary has been generalized (i.e., simplified so that the map is
clear, and the boundary is not overly detailed).
S10: MERMENTAU RIVER. The southern boundary of the excluded area at
the western end of the unit has been modified to account for shoreline
erosion along the Gulf of Mexico.
Maine
The Service's review found that the 34 CBRS units in Maine do not
need to be modified due to changes from natural forces. The imagery
that was used on the currently effective maps is dated 2011 and/or
2012, with the exception of one map that also utilizes imagery dated
2003-2005. The imagery that was used for this review, and will be used
for the revised maps, is dated 2021.
New York (Great Lakes)
The Service's review found that 1 of the 21 CBRS units in the Great
Lakes region of New York (the only CBRS units in New York that were
part of this review) requires changes due to natural forces. The
imagery that was used on the currently effective maps is dated 2013.
The imagery that was used for this review, and will be used for the
revised maps, is dated 2022.
The remaining CBRS units in the Long Island region of New York were
not assessed as part of this review because they are part of a separate
comprehensive mapping project related to Hurricane Sandy (the related
maps are awaiting adoption by Congress through legislation).
NY-62: GRENADIER ISLAND. The eastern lateral boundary of the unit
has been modified to account for the accretion of a sand spit that has
migrated outside the unit.
Request for Comments
CBRA requires consultation with the appropriate Federal, State, and
local officials on the proposed CBRS boundary modifications to reflect
changes that have occurred in the size or location of any unit as a
result of natural forces (16 U.S.C. 3503(c)). We therefore invite
interested Federal, State, and local officials to review and comment on
the draft revised boundaries for Florida, Georgia, Louisiana, Maine,
and the Great Lakes region of New York. The Service is specifically
notifying the following stakeholders concerning the availability of the
draft revised boundaries: (1) the Chair and Ranking Member of the House
of Representatives Committee on Natural Resources, the Chair and
Ranking Member of the Senate Committee on Environment and Public Works,
and the members of the Senate and House of Representatives for the
affected areas; (2) the governors of the affected areas; (3) State and
local officials with floodplain management and/or land use
responsibilities for the affected areas; and (4) Federal officials with
knowledge of the coastal geomorphology within the affected areas.
[[Page 75624]]
Federal, State, and local officials may submit written comments and
accompanying data as described in ADDRESSES, above. Comments regarding
specific CBRS unit(s) should reference the appropriate unit number(s)
and unit name(s). Please note that boundary modifications through the
5-year review process can only be made to reflect changes that have
occurred in the size or location of any CBRS unit as a result of
natural forces. Other requests for changes to the CBRS outside of the
Service's administrative authorities (16 U.S.C. 3503(c)-(d)) will not
be considered at this time. We must receive comments on or before the
date listed above in DATES.
The draft revised boundaries may be viewed in a web mapping
application accessed from the Service's website at https://www.fws.gov/project/cbrs-5-year-review. A shapefile of the draft revised CBRS
boundaries, which can be used with GIS software, is also available for
download. The shapefile is best viewed using the base imagery to which
the boundaries were drawn; the base imagery sources and dates are
included in the metadata for the shapefile. The Service is not
responsible for any misuse or misinterpretation of the shapefile.
Interested parties who are unable to access the draft revised
boundaries or other information online may contact the individual
identified in FOR FURTHER INFORMATION CONTACT, above, and reasonable
accommodations will be made.
Next Steps
Following the close of the comment period, the Service will review
all comments received on the draft revised boundaries; adjust the
boundaries, as appropriate; prepare final revised maps; and publish a
notice in the Federal Register to announce the availability of the
final revised maps. The revised maps will take effect upon the date of
publication of that notice in the Federal Register.
Authority
Coastal Barrier Resources Act (CBRA; 16 U.S.C. 3501 et seq.).
Gary Frazer,
Assistant Director for Ecological Services.
[FR Doc. 2023-23864 Filed 11-2-23; 8:45 am]
BILLING CODE 4333-15-P
