[Federal Register Volume 71, Number 103 (Tuesday, May 30, 2006)]
[Notices]
[Pages 30693-30694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-8216]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Minerals Management Service


Outer Continental Shelf, Headquarters, Cape Wind Offshore Wind 
Development 2007

AGENCY: Minerals Management Service, Interior.

ACTION: Notice of Intent (NOI) to prepare an Environmental Impact 
Statement (EIS), request for written scoping comments and invitation 
for participation by cooperating agencies.

-----------------------------------------------------------------------

SUMMARY: The MMS has received a request from Cape Wind Associates, LLC 
(CWA) for a lease, easement or right-of-way to construct and operate a 
wind park located in Federal waters 4.7 miles offshore Cape Cod, 
Massachusetts. The purpose of this project is to provide a utility-
scale wind energy facility providing power to the New England power 
grid. By this document, the MMS announces: (1) Its intention to prepare 
an EIS; (2) commencement of a 45-day written scoping period under the 
National Environmental Policy Act (NEPA); and (3) invitation for 
participation by interested cooperating agencies.

DATES: Comments must be received no later than July 14, 2006 in 
envelopes labeled ``Comments on the Notice of Intent to Prepare an EIS 
for Proposed Cape Wind Project.'' Further instructions on submitting 
comments is contained in Section 3 of the SUPPLEMENTARY INFORMATION 
below.

FOR FURTHER INFORMATION CONTACT: Dr. Rodney E. Cluck, Project 
Coordinator, at (703) 787-1087 in MMS's Headquarters office regarding 
questions on the NOI.

SUPPLEMENTARY INFORMATION

1. Background

    In November 2001, CWA filed a permit application with the U.S. Army 
Corps of Engineers (USACE), New England District, under section 10 of 
the Rivers and Harbors Act of 1899, in anticipation of constructing a 
wind park located on Horseshoe Shoal in Nantucket Sound, Massachusetts. 
The proposed wind park would consist of 130 offshore wind turbine 
generators arranged to maximize the park's maximum potential electric 
output of approximately 454 megawatts. The wind-generated electricity 
from each of the turbines would be transmitted via a 33 kilovolt 
submarine transmission cable system to a centrally located electric 
service platform. This platform would transform and transmit electric 
power to the Cape Cod mainland (12+ miles) via two 115 kilovolt lines, 
where it would ultimately connect with the existing power grid.
    The Energy Policy Act of 2005 was enacted on August 8, 2005, giving 
the Department of the Interior authority for issuing leases, easements, 
or rights-of-way for alternative energy projects on the Outer 
Continental Shelf (OCS). Since its establishment in 1982, the DOI's 
Minerals Management Service (MMS) has been responsible for management 
of oil, natural gas, and other mineral resource activities on offshore 
Federal lands. With the new authority in the Energy Policy Act of 2005, 
the MMS will now also manage the alternative energy-related uses on 
Federal OCS lands, act as a lead agency for coordinating the permitting 
process with other Federal agencies, and monitor and regulate those 
facilities used for alternative energy production and energy support 
services. As such, the MMS must comply with NEPA when considering the 
CWA application.
    In addition to the MMS' analysis under NEPA, the Massachusetts 
Environmental Policy Act (MEPA) will apply to the project's upland and 
submarine cable system components in Nantucket Sound out to the 3-mile 
State/Federal boundary. In order to address all the environmental 
analyses in the most efficient manner, the State

[[Page 30694]]

MEPA and Federal NEPA processes will run concurrently and be analyzed 
together, within the NEPA document.
    General information on the MMS Renewable Energy and Alternate Use 
Program can be found at http://www.mms.gov/offshore/RenewableEnergy/RenewableEnergyMain.htm.

2. Solicitation of Comments and Issues Under This Notice of Intent

    Pursuant to the regulations (40 CFR 1508.22) implementing the 
procedural provisions of the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.), the MMS is announcing its intent to prepare 
an EIS for the CWA project. The EIS analysis will focus on the 
potential environmental effects of the development, operations and 
decommissioning on the proposed action area and alternatives. This NOI 
also serves to announce the initiation of the written scoping process 
for this EIS. The scoping process allows Federal, State, tribal, and 
local governments and other interested parties to aid the MMS in 
determining the significant issues, potential alternatives, and 
mitigating measures to be analyzed in the EIS and the possible need for 
additional information. The MMS is considering potential alternatives 
to the proposed action such as: modifying the size of the development, 
phasing the development, reconfiguring the development, and considering 
alternative sites. These and any additional alternatives developed 
through the scoping and analytical processes will be considered in the 
decision process. Alternatives to be considered in the EIS include:

[ssbox] Proposed Action.
[ssbox] Phased installations and operations of wind turbine generators.
[ssbox] Alternative locations.
    1. South of Tuckernuck Island.
    2. Nantucket Shoals.
    3. Monomoy Shoals.
    4. Deepwater Alternative--East of Nauset Beach.
[ssbox] No Action.

3. Instructions on Notice of Intent

    Federal, State, tribal, and local governments and other interested 
parties are requested to send their written comments on the scope of 
the EIS, significant issues that should be addressed, and potential 
alternatives and mitigating measures. Written comments will be accepted 
by mail or through the MMS Web site noted below. Comments are due no 
later than July 14, 2006.
    Mailed comments should be enclosed in an envelope labeled, 
``Comments on the Notice of Intent to Prepare an EIS on the Cape Wind 
Project.'' The MMS will also accept written comments submitted to our 
electronic public commenting system. This system can be accessed at 
http://www.mms.gov/offshore/RenewableEnergy/Projects.htm.
     Mail written comments to: Comments on the Notice of Intent 
to Prepare an EIS on the Cape Wind Project, Minerals Management 
Service, 381 Elden Street, Mail Stop 4042, Herndon, VA 20164.
    Our practice is to make comments, including names and addresses of 
respondents, available for public review during regular business hours. 
Individual respondents may request that we withhold their address from 
the rulemaking record, which we will honor to the extent allowable by 
law. There also may be circumstances in which we would withhold a 
respondent's identity, as allowable by law. If you wish us to withhold 
your name and/or address, you must state this prominently at the 
beginning of your comment. However, we will not consider anonymous 
comments. We will make all submissions from organizations or 
businesses, and from individuals identifying themselves as 
representatives or officials of organizations or businesses, available 
for public inspection in their entirety.

4. Cooperating Agency

    The Department of the Interior invites other Federal, State, 
tribal, and local governments to consider becoming cooperating agencies 
in the preparation of the EIS. We invite qualified government entities 
to inquire about cooperating agency status for the Cape Wind EIS. Under 
guidelines from the Council of Environmental Quality (CEQ), qualified 
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 to remember that your role in the environmental 
analysis neither enlarges nor diminishes the final decisionmaking 
authority of any other agency involved in the NEPA process. Upon 
request, the MMS will provide potential cooperating agencies with a 
written summary of ground rules for cooperating agencies, including 
time schedules and critical action dates, milestones, responsibilities, 
scope and detail of cooperating agencies' contributions, and 
availability of pre-decisional information. You should also consider 
the ``Factors for Determining Cooperating Agency Status'' in Attachment 
1 to CEQ's January 30, 2002, Memorandum for the Heads of Federal 
Agencies on Cooperating Agencies in Implementing the Procedural 
Requirements of the National Environmental Policy Act. A copy of this 
document is available at: http://ceq.eh.doe.gov/nepa/regs/cooperating/cooperatingagenciesmemorandum.html and http://ceq.eh.doe.gov/nepa/regs/cooperating/cooperatingagencymemofactors.html.
    The MMS, as the lead agency, will not be providing financial 
assistance to cooperating agencies. Even if your organization is not a 
cooperating agency, you will continue to have opportunities to provide 
information and comments to the MMS during the normal public input 
phases of the NEPA/EIS process. The MMS will also consult with tribal 
governments on a Government-to-Government basis. If you would like 
further information about cooperating agencies, please contact Dr. 
Rodney E. Cluck, the MMS's Cape Wind project manager at 703-787-1087.
    Current Cooperating Agencies on the Cape Wind project EIS include:

United States Fish and Wildlife Service.
Cape Cod Commission.
United States Department of Energy.
United States Coast Guard.
United States Department of the Interior/Office of Environmental Policy 
and Compliance.
Wampanoag Tribe of Gay Head.
Federal Aviation Administration.
Massachusetts Coastal Zone Management.
Massachusetts Environmental Policy Act Office.
National Oceans and Atmospheric Association/National Marine Fisheries 
Service.
United States Environmental Protection Agency.
United States Army Corps of Engineers.

    Dated: April 26, 2006.
Chad Calvert,
Acting Assistant Secretary--Land and Minerals Management.
[FR Doc. E6-8216 Filed 5-26-06; 8:45 am]
BILLING CODE 4310-MR-P