[Federal Register Volume 88, Number 86 (Thursday, May 4, 2023)]
[Notices]
[Pages 28611-28612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09478]


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DEPARTMENT OF THE INTERIOR

Bureau of Ocean Energy Management

[Docket No. BOEM-2023-0031]


Notice of Intent To Prepare an Environmental Assessment for a 
Wind Energy Research Lease on the Atlantic Outer Continental Shelf 
Offshore Maine

AGENCY: Bureau of Ocean Energy Management, Interior.

ACTION: Notice of intent.

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SUMMARY: In compliance with the National Environmental Policy Act 
(NEPA) of 1969, as amended, the Bureau of Ocean Energy Management 
(BOEM) intends to prepare an environmental assessment (EA) to consider 
the reasonably foreseeable environmental consequences associated with 
the issuance of a research lease to the State of Maine. That lease 
would grant Maine the exclusive right to submit, for BOEM's potential 
approval, plans for wind energy-related research activities offshore 
Maine. BOEM is seeking public input regarding important environmental 
issues and the identification of reasonable alternatives that should be 
considered in the EA.

DATES: BOEM must receive your comments no later than June 5, 2023.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
In the entry entitled, ``Enter Keyword or ID,'' enter BOEM-2023-0031, 
and then click ``search.'' Follow the instructions to submit public 
comments and view supporting and related materials available for this 
notice; or
     By U.S. Postal Service or other delivery service, send 
your comments and information to the following address: Bureau of Ocean 
Energy Management, Office of Renewable Energy Programs, 45600 Woodland 
Road, Mail Stop VAM-OREP, Sterling, VA 20166.

FOR FURTHER INFORMATION CONTACT: Jessica Stromberg, BOEM, Environment 
Branch for Renewable Energy, 45600 Woodland Road, Mail Stop VAM-OREP, 
Sterling, VA 20166, 703-787-1730, or [email protected].

SUPPLEMENTARY INFORMATION: 
    Authority: This notice of intent to prepare an EA is published 
pursuant to 43 CFR 46.305.

1. Background

    On March 20, 2023, BOEM issued a notice that competitive interest 
did not exist in the area proposed for a research lease by the State of 
Maine (88 FR 16662). Thus, BOEM has decided to proceed with the 
research leasing process using the procedures described in 30 CFR 
585.239. The next step in that process includes initiating an 
environmental review of potential impacts from activities associated 
with the research lease, if issued.

Proposed Action and Scope of Analysis

    The proposed action that will be the subject of the EA is the 
issuance of a research lease. In addition to the no action alternative 
(no lease issuance), other alternatives may be considered, such as 
exclusion of certain areas from project siting or modification of 
project activities. The EA will consider the reasonably foreseeable 
environmental consequences associated with lease issuance that are 
expected to take place following issuance of a research lease to the 
State of Maine, including the potential impacts of site 
characterization surveys and site assessment activities, such as the 
deployment and recovery of a meteorological buoy. BOEM has decided to 
prepare an EA for this proposed action in order to assist agency's 
planning and decision making (40 CFR 1501.5(b)). This notice starts the 
formal scoping process for the EA under 40 CFR 1501.9 and solicits 
information regarding additional important environmental issues and 
alternatives that should be considered in the EA. Additionally, BOEM 
will use the scoping process to identify and eliminate from detailed 
analysis issues that are not significant or that have been analyzed by 
prior environmental reviews (40 CFR 1501.9(f)(1)).
    BOEM will use responses to this notice and the EA public input 
process to satisfy the public involvement requirements of the National 
Historic Preservation Act (54 U.S.C. 306108), as provided in 36 CFR 
800.2(d)(3). Consequently, BOEM seeks information from the public on 
the identification of historic properties that might be impacted by the 
leasing activities should BOEM decide to issue the research lease. The 
analyses contained within the EA also will support compliance with 
other environmental statutes (e.g., Endangered Species Act, Magnuson-
Stevens Fishery Conservation and Management Act, and Marine Mammal 
Protection Act).
    The research lease would not authorize any activities on the Outer 
Continental Shelf, but would grant the State of Maine the exclusive 
rights to submit plans for BOEM approval. Prior to the approval of any 
plan authorizing the construction and operation of wind

[[Page 28612]]

energy-related research facilities, BOEM would prepare a plan-specific 
environmental analysis and will comply with all required consultation 
requirements.

2. Cooperating Agencies

    BOEM invites Federal, State, and local government agencies, as well 
as Tribal governments, to consider becoming cooperating agencies in the 
preparation of this EA. Council on Environmental Quality (CEQ) 
regulations implementing the procedural provisions of NEPA defines 
cooperating agencies as those with ``jurisdiction by law or special 
expertise with respect to any environmental impact involved in a 
proposal (or a reasonable alternative)'' (40 CFR 1508.1(e)). Potential 
cooperating agencies should consider their authority and capacity to 
assume the responsibilities of a cooperating agency and remember 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.
    Upon request, BOEM will provide potential cooperating agencies with 
a draft memorandum of agreement that includes a schedule with critical 
action dates and milestones, mutual responsibilities, designated points 
of contact, and expectations for handling pre-decisional information. 
Agencies should also consider the ``Factors for Determining Whether to 
Invite, Decline or End Cooperating Agency Status'' in attachment 1 to 
CEQ's January 30, 2002, memorandum for Federal agencies titled, 
``Cooperating Agencies in Implementing the Procedural Requirements of 
the National Environmental Policy Act.'' A copy of this document is 
available at: https://www.energy.gov/nepa/articles/cooperating-agencies-implementing-procedural-requirements-national-environmental.
    BOEM, as the lead agency, will not provide financial assistance to 
cooperating agencies. Even if an organization is not a cooperating 
agency, opportunities will exist to provide information and comments to 
BOEM during the normal public input phases of the NEPA and EA process.

3. Comments

    Federal, State, local government agencies, Tribal governments, and 
other interested parties are requested to send their written comments 
on the important issues to be considered in the EA by either of the 
following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. In the 
entry entitled, ``Enter Keyword or ID,'' enter BOEM-2023-0031, and then 
click ``search.'' Follow the instructions to submit public comments and 
view supporting and related materials available for this notice; or
    2. By U.S. Postal Service or other delivery service, send your 
comments and information to the following address and marked ``Gulf of 
Maine Research Lease EA'': Bureau of Ocean Energy Management, Office of 
Renewable Energy Programs, 45600 Woodland Road, Mail Stop VAM-OREP, 
Sterling, VA 20166.

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.
b. Personally Identifiable Information
    BOEM encourages you not to submit 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 
personally identifiable information (PII) included in your comment, may 
be made publicly available. All submissions from identified 
individuals, businesses, and organizations will be available for public 
viewing on regulations.gov. Note that BOEM will make available for 
public inspection all comments, in their entirety, submitted by 
organizations and businesses, or by individuals identifying themselves 
as representatives of organizations or businesses.
    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 rulemaking, your submission is subject to FOIA and, if 
your submission is requested under the FOIA, your information will only 
be withheld if a determination is made that one of the 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.

Elizabeth Klein,
Director, Bureau of Ocean Energy Management.
[FR Doc. 2023-09478 Filed 5-3-23; 8:45 am]
BILLING CODE 4340-98-P