[Federal Register Volume 88, Number 97 (Friday, May 19, 2023)]
[Notices]
[Pages 32198-32200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10644]
[[Page 32198]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
Notice of Intent To Conduct Scoping and To Prepare a Draft
Environmental Impact Statement for the Proposed Lake Erie Quadrangle
National Marine Sanctuary
AGENCY: Office of National Marine Sanctuaries (ONMS), National Ocean
Service, National Oceanic and Atmospheric Administration (NOAA),
Department of Commerce.
ACTION: Notice of intent to hold public scoping meetings and prepare a
draft environmental impact statement; request for comments.
-----------------------------------------------------------------------
SUMMARY: In accordance with the National Marine Sanctuaries Act (NMSA)
and National Environmental Policy Act (NEPA), and based on the area's
qualities and boundaries described in the community-based nomination on
December 31, 2015 (https://nominate.noaa.gov/), NOAA is initiating a
scoping process to consider designating a national marine sanctuary in
the eastern Lake Erie adjacent to Pennsylvania. The nomination provides
a description of the cultural and historical resources in the region,
the potential benefits of a national marine sanctuary designation,
recommendations for management of the sanctuary, and a proposed
sanctuary boundary. As a first step in this scoping process, NOAA
invites comments on the factors that will contribute to its
determination of whether and how to designate the area as a national
marine sanctuary. The results of this scoping process will inform
NOAA's next steps in the designation process, which would include the
preparation and release of draft designation documents, as well as the
formulation of action alternatives for the draft environmental impact
statement (DEIS). This scoping process will also inform the initiation
of consultations with Indigenous Nations and Tribes, Federal, State,
and local agencies, and other interested parties, as appropriate. In
support of the scoping process, the nomination package and additional
information regarding the qualities of the Lake Erie Quadrangle area
can be found at https://sanctuaries.noaa.gov/lake-erie.
DATES:
Comments due: July 18, 2023.
Public Meetings: NOAA will host three public meetings during the
scoping process, two virtual and one in-person. The in-person scoping
meeting will occur at the following day and time:
Erie, Pennsylvania.
Date: Wednesday, June 21, 2023.
Location: Erie County Public Library--Blasco.
Address: H.O. Hirt Auditorium, 160 E Front St., Erie, PA 16507.
Time: 6:30 p.m.-8:00 p.m. Eastern Time.
The virtual public scoping meetings will occur at the following
dates and times:
Tuesday, June 27, 2023, 2:00 p.m.-3:30 p.m. Eastern Time.
Wednesday, June 28, 2023, 6:30 p.m.-8:00 p.m. Eastern
Time.
Please check https://sanctuaries.noaa.gov/lake-erie for meeting
links and the most up-to-date information, should plans for these
public meetings change. NOAA may end a virtual or in-person meeting
before the time noted above if all participants have concluded their
oral comments.
ADDRESSES: You may submit comments, identified by docket number NOAA-
NOS-2023-0039, by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov and enter ``NOAA-NOS-2023-0039'' in the Search box.
Click on the ``Comment'' icon, complete the required fields, and enter
or attach your comment.
Mail: Send any hard copy public comments by mail to: Ellen
Brody, NOAA Office of National Marine Sanctuaries, 4840 South State
Rd., Ann Arbor, MI 48108. Note the docket number at the top of the
comment.
Public Scoping Meetings: Provide oral comments during
public scoping meetings, as described under DATES. Webinar registration
details and additional information about how to participate in these
virtual and in-person public scoping meetings is available at
www.sanctuaries.noaa.gov/lake-erie.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NOAA. All comments received are a part of the
public record and will generally be posted for public viewing on
https://www.regulations.gov without change. All personally identifiable
information (for example, name, address), confidential business
information, or otherwise sensitive information submitted voluntarily
by the commenter will be publicly accessible. NOAA will accept
anonymous comments (enter ``N/A'' in the required fields if you wish to
remain anonymous). Comments that are not responsive or contain
profanity, vulgarity, threats, or other inappropriate language will not
be considered.
FOR FURTHER INFORMATION CONTACT: Ellen Brody, (734) 741-2270,
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background on the Area Under Consideration
The National Marine Sanctuaries Act, as amended (NMSA), 16 U.S.C.
1431 et seq., authorizes the Secretary of Commerce (Secretary) to
designate and protect as national marine sanctuaries areas of the
marine environment that are of special national significance due to
their conservation, recreational, ecological, historical, scientific,
cultural, archeological, educational, or aesthetic qualities. A primary
objective of the NMSA is to protect the resources of the National
Marine Sanctuary System. Day-to-day management of national marine
sanctuaries has been delegated by the Secretary to ONMS.
In December 2015, Erie County, Pennsylvania, submitted a nomination
to NOAA through the Sanctuary Nomination Process (79 FR 33851),
proposing consideration of the Lake Erie Quadrangle as a national
marine sanctuary to conserve its nationally significant underwater
cultural and historical resources and to expand upon existing local and
state efforts to study, interpret, and promote them. Along with support
from the Governor of Pennsylvania, the nomination was endorsed by a
diverse coalition of organizations and individuals at local, State, and
national levels including elected officials, agencies, businesses,
recreational users, local charters, academic organizations, tourism
organizations, non-profit organizations, economic development
organizations, historical societies, and education groups. In February
2016, NOAA added the Lake Erie Quadrangle proposal to its inventory of
successful nominations that are eligible for designation, and extended
it on the inventory in March 2021 after a required five-year review of
the nomination (87 FR 11049).
NOAA is initiating the process to designate this area as a national
marine sanctuary based primarily on the information included in the
nomination. NOAA's goal in considering the designation of the Lake Erie
Quadrangle National Marine Sanctuary (LEQNMS) in Lake Erie is to
recognize the national significance of the area's historical,
archaeological, and cultural resources and to manage the area as part
of the National Marine Sanctuary System. If
[[Page 32199]]
NOAA finalizes the designation, the agency would delineate the
boundaries of the sanctuary; manage the area as a part of the National
Marine Sanctuary System under NMSA; establish sanctuary regulations;
and implement a management plan.
The area being considered for designation as a national marine
sanctuary in Lake Erie includes approximately 740 square miles (1917
square kilometers) of lake waters and bottomlands. The area would be
adjacent to approximately 75 miles (120 kilometers) of coastline
bordering Erie County, Pennsylvania, that extends westward to the Ohio
state line, northward to the international border with Ontario, Canada,
and eastward to the New York State line. The nomination proposes to
exclude the Erie Port from the sanctuary boundaries to ensure
compatible use with shipping and other commercial activities.
This area represents a historically rich region where the long
relationship between human activity and the maritime environment has
created meaning and a sense of place, which is expressed and preserved
in a wide variety of maritime cultural resources from sacred places and
cultural practices to lighthouses and historic shipwrecks. Together,
these tangible and intangible elements form a rich maritime cultural
landscape. Lake Erie hosted one of the busiest waterways of the mid-
19th century. Pennsylvania supported the Great Lakes' largest
commercial fishing fleet during the 19th century, some of the earliest
shipbuilding on the Great Lakes, and major naval yards during the War
of 1812.
Nearly every type of vessel that operated on the Great Lakes during
the historic period is represented in the area being considered for
sanctuary designation. Based on historical records, 196 vessels may
have sunk within the Pennsylvania waters of Lake Erie, and 35 of these
shipwrecks have been identified. The known shipwrecks span from the
1838 steamboat Chesapeake to speedboats, tugs, barges, and workboats
lost before 1940. The collection includes schooners, brigs, and barks;
barges and schooner barges; dredges and sand suckers; fishing tugs and
trawlers; and sidewheel steamboats and propellers. This area also
includes the potential for submerged prehistoric sites and historic
properties that may be of religious and cultural significance to
Indigenous Nations and Tribes.
Designation of a national marine sanctuary under the NMSA would
allow NOAA to complement the Commonwealth of Pennsylvania's efforts to
preserve and interpret the area's marine resources, including its
collection of nationally significant historic shipwrecks and other
underwater cultural resources. NOAA could use its research and
monitoring assets to further locate, document, and monitor the area's
significant cultural resources, expand education and outreach to
interpret sanctuary resources for the public, and promote the
responsible use of sanctuary resources. Furthermore, a sanctuary has
the potential to increase tourism and economic opportunities in local
coastal communities.
NOAA plans to establish a pre-designation sanctuary advisory
council to bring members of the local community together to provide
advice to NOAA, to serve as a liaison with the nominating community,
and to assist in guiding NOAA through the designation process. NOAA
will publish additional information on the pre-designation Sanctuary
Advisory Council at a later date.
II. Items of Particular Interest During the Public Scoping Process
While the public may comment on all matters viewed as relevant to
the potential designation of a national marine sanctuary in Lake Erie,
NOAA is requesting input on the following specific topics to help guide
the scoping process:
boundary alternatives for the proposed sanctuary;
the location, nature, and value of the cultural and
historical resources in the area under consideration;
specific threats to these resources;
information on the Indigenous heritage of the area;
the potential socioeconomic, cultural, and biological
impacts resulting from designation as a national marine sanctuary;
the non-regulatory actions NOAA should prioritize within
its draft management plan for the proposed sanctuary;
the regulatory framework most appropriate for management
of the proposed sanctuary;
the benefits to the economy of the region, including
promoting sustainable tourism and recreation; and
a permanent name for the proposed sanctuary.
Comments may be submitted to NOAA by July 18, 2023 using the
methods described in ADDRESSES. NOAA will host public scoping meetings
during the public comment period, as described under DATES.
III. National Marine Sanctuary Designation Process
The national marine sanctuary designation process includes the
following well-established and highly participatory stages:
1. Public Scoping--Collection and characterization of initial
public comments on the proposed designation;
2. Preparation of Draft Documents--Preparation and release of draft
designation documents, including: a DEIS, prepared pursuant to NEPA,
that identifies boundary and/or regulatory alternatives; a draft
management plan; and a notice of proposed rulemaking to define proposed
sanctuary regulations. Draft documents would be used to initiate
consultations with Indigenous Nations and Tribes, Federal, State, and
local agencies, and other interested parties, as appropriate;
3. Public Comment on Draft Documents--Through public meetings and
in writing, allow for public review and comment on a DEIS, draft
management plan, and notice of proposed rulemaking;
4. Preparation of Final Documents--Preparation and release of a
final environmental impact statement (FEIS); final management plan,
including a response to public comments; and a final rule.
5. Review Period--The sanctuary designation and regulations would
take effect after the end of a review period of forty-five days of a
continuous session of Congress. During this same period, should the
designation include State waters, the Governor of the State has the
opportunity to concurrently review the terms of designation including
boundaries within State waters.
IV. Development of a Draft Environmental Impact Statement
In accordance with the NMSA, NOAA must draft an environmental
impact statement (EIS) pursuant to NEPA when designating a new national
marine sanctuary. The input gathered during the public scoping process
is fundamental to NOAA's development of a DEIS.
A. Purpose and Need for Sanctuary Designation
The NMSA directs NOAA to identify and designate as national marine
sanctuaries areas of the marine and Great Lakes environments that are
of special national significance, provide authority for comprehensive
and coordinated conservation and management of these marine areas, and
protect the resources of these areas. The purpose and need for the
proposed
[[Page 32200]]
action is to consider whether a sanctuary designation in the Lake Erie
Quadrangle would fulfill the purposes and policies outlined in section
301(b) of the NMSA, 16 U.S.C. 1431(b), and meet the sanctuary
designation standards in section 303 of the NMSA, 16 U.S.C. 1433.
B. Preliminary Description of Proposed Action and Alternatives
NOAA's proposed action is to consider designating the Lake Erie
Quadrangle National Marine Sanctuary in accordance with the sanctuary
designation process described in section 304 of the NMSA (16 U.S.C.
1434). Through the public scoping process and as part of the sanctuary
designation process, NOAA will develop draft designation documents
including a draft sanctuary management plan, proposed sanctuary
regulations, and proposed terms of designation. The NEPA process for
sanctuary designation will include preparation of a DEIS to consider
alternatives and describe potential effects of the sanctuary
designation on the human environment. A DEIS will evaluate a reasonable
range of action alternatives that could include different options for
management plan goals, sanctuary regulations, and potential boundaries.
A DEIS will also consider a No Action Alternative, wherein NOAA would
not designate a national marine sanctuary.
C. Summary of Expected Impacts of Sanctuary Designation
A DEIS will identify and describe the potential effects of the
proposed action and reasonable alternatives on the human environment.
Potential impacts may include, but are not limited to, impacts on the
area's biological and physical resources, including habitats, plants,
birds, fish, and special status species; underwater cultural and
historical resources; and human uses and socioeconomics of the area.
Based on a preliminary evaluation of the resources listed above, NOAA
expects potential positive impacts to the environment from enhanced
protection of the area's underwater cultural and historical resources;
improved planning and coordination of research, monitoring, and
management actions; reduced harmful human activities; and reduced
threats and stressors to resources.
D. Schedule for the Decision-Making Process
NOAA expects to make a DEIS and other draft documents available to
the public by winter 2024. NOAA expects to make a FEIS available to the
public by winter 2025. A Record of Decision will be issued no sooner
than 30 days after the FEIS is made available to the public, in
accordance with 40 CFR 1506.11.
E. NEPA Lead and Cooperating Agency Roles
NOAA is the lead Federal agency for the NEPA process for the
proposed action. NOAA may invite other Federal agencies, or State,
Tribal, or local agencies of similar qualifications to become
cooperating agencies in the preparation of the EIS for the proposed
action. NEPA regulations specify that a cooperating agency means any
Federal agency (and a Tribal, State, or local agency with agreement of
the lead agency) that has 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)).
F. Anticipated Permits, Authorizations, and Consultations
Federal permits, authorizations, or consultations may be required
for the proposed action, including consultation or review under the
Endangered Species Act, 16 U.S.C. 1531 et seq.; National Historic
Preservation Act (NHPA), 54 U.S.C. 300101 et seq.; Executive Order
13175 (Consultation and Coordination With Indian Tribal Governments);
consistency review under the Coastal Zone Management Act, 16 U.S.C.
1451 et seq.; and possibly reviews under other laws and regulations
determined to be applicable to the proposed action. To the fullest
extent possible, NOAA will prepare a DEIS concurrently and integrate
analyses required by other Federal environmental review requirements. A
DEIS will list all Federal permits, licenses, and other authorizations
that must be obtained in implementing the proposed action. 40 CFR
1502.24.
V. Consultation Under Section 106 of the National Historic Preservation
Act and Executive Order 13175
This notice confirms that NOAA will coordinate its responsibilities
under section 106 of the NHPA during the sanctuary designation process
and is soliciting public and stakeholder input to meet section 106
compliance requirements. The NHPA section 106 consultation process
specifically applies to any agency undertaking that may affect historic
properties. Pursuant to 36 CFR 800.16(l)(1), historic properties
include: ``any prehistoric or historic district, site, building,
structure, or object included in, or eligible for inclusion in, the
National Register of Historic Places maintained by the Secretary of the
Interior. This term includes artifacts, records, and remains that are
related to and located within such properties. The term includes
properties of traditional religious and cultural importance to an
Indian Tribe or Native Hawaiian organization that meet the National
Register criteria.''
This notice also confirms that, with respect to the proposed
sanctuary designation process, NOAA will fulfill its responsibilities
under Executive Order 13175, ``Consultation and Coordination with
Indian Tribal Governments,'' and NOAA's implementing policies and
procedures. Executive Order 13175 requires Federal agencies to
establish procedures for meaningful consultation and coordination with
Tribal officials in the development of Federal policies that have
Tribal implications. NOAA implements Executive Order 13175 through NOAA
Administrative Order 218-8 (Policy on Government-to-Government
Consultation with Federally-Recognized Indian Tribes and Alaska Native
Corporations), and the NOAA Tribal Consultation Handbook. Under these
policies and procedures, NOAA offers government-to-government
consultation at the earliest practicable time it can reasonably
anticipate that a proposed policy or initiative may have Tribal
implications.
Authority: 16 U.S.C. 1431 et seq.; 42 U.S.C. 4321 et seq.; 40 CFR
1500-1508 (NEPA Implementing Regulations); NOAA Administrative Order
216-6A.
John Armor,
Director, Office of National Marine Sanctuaries, National Ocean
Service, National Oceanic and Atmospheric Administration.
[FR Doc. 2023-10644 Filed 5-18-23; 8:45 am]
BILLING CODE 3510-NK-P