Minerals Management Service January 2008 – Federal Register Recent Federal Regulation Documents

The Minerals Management Service (MMS) is announcing the availability of a draft environmental impact statement (EIS) for the Cape Wind Energy Project. Cape Wind Associates, LLC (CWA) has requested a lease, easement or right-of-way pursuant to section 8(p) of the Outer Continental Shelf Lands Act (OCSLA) (43 U.S.C 1337) as amended, and proposes to construct and operate a wind energy facility on the Outer Continental Shelf (OCS) in Nantucket Sound, Massachusetts. The purpose of the proposed project is to provide a renewable energy facility that utilizes the unique wind resources offshore of New England, using a technology that is currently available, technically feasible, and economically viable. The project ostensibly is designed to interconnect with and deliver electricity to the New England Power Pool (NEPOOL) grid, making a substantial contribution to enhancing the region's electrical reliability and achieving renewable energy requirements under the Massachusetts and regional renewable portfolio standards (RPS). The draft EIS is intended to inform the public of the proposed action and alternatives, including the ``no action'' alternative; address public comment received during the scoping period; analyze the direct, indirect, and cumulative environmental effects of the proposed action and each of the reasonable alternatives; and provide information to support decision-making. The MMS invites comment on the draft EIS.

The Minerals Management Service (MMS), an agency of the U.S. Department of the Interior, is requesting written comments from interested parties, particularly refiners who qualify under the RIK eligible refiner program, regarding their experiences in the crude oil marketplace. Specifically, we are interested in eligible refiners' experiences in gaining access to adequate supplies of crude oil at equitable prices. This Determination of Need process will assist the Secretary of the Interior in deciding whether or not to continue with sales of Federal Government royalty crude oil under the RIK eligible refiner program.

MMS prepared the ROD for the establishment of an alternative energy and alternate use (AEAU) program on the Outer Continental Shelf (OCS), as authorized by Section 388 of the Energy Policy Act of 2005 (EPAct), and codified in subsection 8(p) of the OCS Lands Act. In accordance with the regulations implementing the National Environmental Policy Act (NEPA), the MMS is announcing the availability of this ROD. The decision is to select the Preferred Alternative described in the Final Programmatic Environmental Impact Statement (EIS). This decision establishes an AEAU program for the issuance of leases, easements and rights-of-way (ROW) for alternative energy activities and the alternate use of structures on the OCS and the promulgation of regulations to govern the program. Selection of the Preferred Alternative also provides MMS the option to authorize individual projects on a case-by-case basis before promulgation of the final rule. The Director, MMS signed the ROD on December 21, 2007.