[Federal Register Volume 88, Number 125 (Friday, June 30, 2023)]
[Notices]
[Pages 42386-42390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13918]


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DEPARTMENT OF THE INTERIOR

Bureau of Ocean Energy Management

[Docket No. BOEM 2023-0037]


Notice of Intent To Prepare an Environmental Impact Statement for 
the Proposed Beacon Wind Project on the U.S. Outer Continental Shelf 
Offshore Massachusetts

AGENCY: Bureau of Ocean Energy Management (BOEM), Interior.

ACTION: Notice of intent (NOI) to prepare an environmental impact 
statement (EIS); request for comments.

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SUMMARY: Consistent with the regulations implementing the National 
Environmental Policy Act (NEPA), BOEM announces its intent to prepare 
an EIS for a construction and operations plan (COP) submitted by Beacon 
Wind LLC (Beacon Wind). This NOI initiates the public scoping and 
comment process under NEPA and also seeks public comments under section 
106 of the National Historic Preservation Act (NHPA) and its 
implementing regulations. Beacon Wind proposes to construct and operate 
an offshore wind facility located in Renewable Energy Lease Area OCS-A 
0520 (Lease Area), which is approximately 128,811 acres and 17 nautical 
miles (nm) south of Nantucket, Massachusetts, and 52 nm east of 
Montauk, New York. Beacon Wind, a joint venture owned by Equinor U.S. 
Holdings, Inc. and BP Wind Energy North America, Inc., proposes to 
develop the entire Lease Area in two

[[Page 42387]]

wind farms, known as Beacon Wind 1 (BW1) and Beacon Wind 2 (BW2) 
(collectively, the Project).

DATES: Your comments must be received by BOEM on or before July 31, 
2023 for timely consideration.
    Public Participation:
    BOEM will hold two in-person and two virtual public scoping 
meetings for the Beacon Wind EIS at the following dates and times 
(eastern time):
    In Person:
     Tuesday, July 18, 2023, 6:00-9:00 p.m., UMASS-Dartmouth, 
The Market Place Dining Hall, 285 Old Westport Road, Dartmouth, MA 
02747; and
     Thursday, July 20, 2023, 6:00-9:00 p.m., Adria Hotel and 
Conference Center Ballroom, 221-17 Northern Blvd., Queens, NY 11361-
3600
    Virtual:
     Thursday, July 13, 2023, 11:00 a.m.-1:00 p.m.; and
     Wednesday, July 26, 2023, 11:00 a.m.-1:00 p.m.
    Registration for the virtual public meetings may be completed here: 
https://www.boem.gov/renewable-energy/state-activities/beacon-wind or 
by calling (888) 788 0099 (toll free). Registration for in-person 
meetings will occur on site. The meetings are open to the public and 
free to attend.

ADDRESSES: Written comments can be submitted in any of the following 
ways:
     Delivered by mail or delivery service, enclosed in an 
envelope labeled ``BEACON WIND EIS'' and addressed to Jessica 
Stromberg, Chief, Environmental Branch for Renewable Energy, Bureau of 
Ocean Energy Management, 45600 Woodland Road, VAM-OREP, Sterling, 
Virginia 20166; or
     Through the regulations.gov web portal: Navigate to 
www.regulations.gov and search for Docket No. BOEM-2023-0037. Select 
the document in the search results on which you want to comment, click 
on the ``Comment'' button, and follow the online instructions for 
submitting your comment. A commenter's checklist is available on the 
comment web page. Enter your information and comment, then click 
``Submit.''
    Detailed information about the proposed Project, including the COP 
and instructions for making written comments, can be found on BOEM's 
website at: www.boem.gov/renewable-energy/state-activities/beacon-wind.

FOR FURTHER INFORMATION CONTACT: Bonnie Houghton, Office of Renewable 
Energy Programs, Bureau of Ocean Energy Management, 45600 Woodland 
Road, Sterling, Virginia 20166, telephone (703) 438-5108, or email 
[email protected].

SUPPLEMENTARY INFORMATION: 

Purpose of and Need for the Proposed Action

    In Executive Order 14008, ``Tackling the Climate Crisis at Home and 
Abroad,'' issued on January 27, 2021, President Biden stated that the 
policy of his administration is ``to organize and deploy the full 
capacity of its agencies to combat the climate crisis to implement a 
Government-wide approach that reduces climate pollution in every sector 
of the economy; increases resilience to the impacts of climate change; 
protects public health; conserves our lands, waters, and biodiversity; 
delivers environmental justice; and spurs well-paying union jobs and 
economic growth, especially through innovation, commercialization, and 
deployment of clean energy technologies and infrastructure.''
    Through a competitive leasing process conducted under 30 CFR 
585.211, BOEM awarded Equinor Wind US, LLC, the commercial wind energy 
lease OCS-A 0520. Beacon Wind acquired 100 percent interest in the 
Lease Area by assignment effective January 27, 2021, and, has the 
exclusive right to submit a COP for activities in it.
    Beacon Wind submitted a COP to BOEM proposing the construction, 
operation, maintenance, and conceptual decommissioning of two offshore 
wind energy facilities (BW1 & BW2) in Lease Area OCS-A-0520. Beacon 
Wind's goal is to develop two offshore wind energy facilities in the 
Lease Area to provide renewable energy to the State of New York and 
other northeastern States. Beacon Wind proposes to construct up to 155 
wind turbine generators (WTG) with 2 offshore substations (OSS), for a 
total of up to 157 structures in a 1 nm x 1 nm grid distributed across 
the Lease Area (Proposed Action). The individual wind farms within the 
Lease Area would be electrically isolated and independent from one 
another. Transmission systems would connect each OSS to separate 
onshore points of interconnection (POIs).
    BW1 has a 25-year offtake agreement with the New York State Energy 
Research and Development Authority (NYSERDA) and is expected to deliver 
1,230 megawatts (MW) of power to the NYISO electric grid at a POI in 
Queens, New York. Beacon Wind is actively seeking an offtake agreement 
for BW2 in the New England and New York region. Beacon Wind anticipates 
that BW2 will deliver more than 1,200 MW of power and interconnect with 
either the NYISO grid in Queens or with the New England Independent 
System Operator (ISO-NE) grid in Waterford, Connecticut.
    BW1 would supply electricity in support of renewable and offshore 
wind energy goals established by the State of New York under its 2019 
Climate Leadership and Community Protection Act. Among other things, 
the law mandates that at least 70 percent of New York's electricity 
come from renewable energy sources by 2030 and that 9,000 MW come from 
offshore wind energy by 2035. If BW2 also obtains an offtake agreement 
with NYSERDA, it would supply additional electricity along the same 
cable route as BW1 in support of New York's goals.
    Based on BOEM's authority under the Outer Continental Shelf Lands 
Act (OCSLA) (43 U.S.C. 1331 et seq.) to authorize renewable energy 
activities on the Outer Continental Shelf and its obligations under the 
lease, BOEM's purpose is to determine whether to approve, approve with 
modifications, or disapprove Beacon Wind's COP. BOEM's purpose supports 
the policies stated in Executive Order 14008 and the Federal goal to 
deploy 30 gigawatts of offshore wind energy capacity in the United 
States by 2030, while protecting biodiversity and promoting ocean co-
use. BOEM will make its determination after weighing the EIS analysis 
and the enumerated goals in subsection 8(p)(4) of OCSLA.
    In addition, the National Oceanic and Atmospheric Administration's 
National Marine Fisheries Service (NMFS) anticipates one or more 
requests for authorization under the Marine Mammal Protection Act 
(MMPA) (16 U.S.C. 1361 et seq.) to take marine mammals incidental to 
Project activities. NMFS's decision whether to issue an incidental take 
authorization is a major Federal action connected to BOEM's action (40 
CFR 1501.9(e)(1)). The purpose of the NMFS action--which is a direct 
outcome of Beacon Wind's request for authorization to take marine 
mammals incidental to Project activities (e.g., pile driving)--is to 
evaluate Beacon Wind's request under the MMPA and its implementing 
regulations, which are administered by NMFS. NMFS will consider the 
impacts of Beacon Wind's activities on relevant resources and, if 
appropriate, issue the permit or authorization. NMFS must render a 
decision regarding Beacon Wind's request for incidental take 
authorization under the MMPA (16 U.S.C. 1371(a)(5)(D)), its 
implementing regulations, and NMFS's delegated authorities. If NMFS 
decides to authorize incidental takes, NMFS intends to adopt, after 
independent review, BOEM's EIS to support that decision and fulfill its 
NEPA requirements.

[[Page 42388]]

    The U.S. Army Corps of Engineers (USACE) New England District 
anticipates permit applications from Beacon Wind for actions undertaken 
through authority delegated to the district engineer under section 10 
of the Rivers and Harbors Act of 1899 (RHA) (33 U.S.C. 403) and section 
404 of the Clean Water Act (CWA) (33 U.S.C. 1344). In addition, Beacon 
Wind may need section 408 permission pursuant to 33 U.S.C. 408, for any 
actions it proposes to take that have the potential to alter, occupy, 
or use any existing federally authorized projects. USACE considers 
issuance of permits and permissions under these three delegated 
authorities a major Federal action connected to BOEM's action (40 CFR 
1501.9(e)(1)).
    As determined by USACE for section 404(b)(1) guidelines evaluation, 
the basic Project purpose is offshore wind energy generation. Beacon 
Wind's need, as provided in the COP and reviewed by USACE for NEPA 
purposes, is to generate electricity from offshore wind energy 
facilities located in Lease Area OCS-A 0520.
    As determined by Engineer Circular 1165-2-220, the purpose of USACE 
section 408 action is to evaluate Beacon Wind's request and determine 
whether its Proposed Action would adversely impact the public interest 
or a USACE project. USACE section 408 permission is needed to ensure 
that congressionally authorized projects continue to provide their 
intended benefits to the public. USACE intends to adopt BOEM's EIS in 
accordance with 40 CFR 1506.3 if, after its independent review of the 
document, USACE concludes that BOEM has satisfactorily addressed its 
comments and recommendations. USACE intends to adopt BOEM's EIS to 
support its decision on any permits or permissions requested under 
sections 10 and 14 of the RHA and section 404 of the CWA. Based on its 
participation as a cooperating agency and its consideration of BOEM's 
EIS, USACE intends to issue a record of decision (ROD) to formally 
document its decision on the Proposed Action.

Proposed Action and Preliminary Alternatives

    Beacon Wind proposes to construct and operate two offshore wind 
energy facilities within Lease Area OCS-A-0520, with up to 157 total 
foundation locations to be occupied by a combination of up to 155 WTGs 
and 2 OSSs. Offshore components for BW1 and BW2 include between 61 and 
94 WTGs and 1 OSS each, foundations and associated scour protection for 
WTGs, associated inter-array cables, 1 high-voltage direct current 
(HVDC) submarine export cable route each, cable protection, and 1 
temporary meteorological and oceanographic (metocean) buoy. Beacon Wind 
is considering monopile, piled jacket, or suction-bucket jacket 
foundation types to support the WTG. The OSS would be supported by 
either piled jacket or suction-bucket jacket foundations. The WTGs, 
OSSs, foundations, and inter-array cables would be located entirely 
within the Lease Area. The submarine export cables would be buried in 
the U.S. Outer Continental Shelf and in the seabed under the State 
waters of New York and potentially of Connecticut (if the export cable 
from BW2 makes landfall in Waterford, Connecticut).
    The BW1 submarine export cable would make landfall and interconnect 
to the NYISO grid in Queens. The BW2 cable would make landfall in 
either Queens or Waterford; if landfall is in Waterford, the cables 
would interconnect with the ISO-NE grid in Connecticut. BW1's onshore 
components would be sited in Queens, and BW2's in either Queens or 
Waterford.
    BOEM will evaluate reasonable alternatives to the Proposed Action 
that are identified during the scoping period and included in the draft 
EIS, including a no action alternative. Under the no action 
alternative, BOEM would disapprove the Beacon Wind COP, and the 
proposed wind energy facilities described in the COP would not be built 
within the Lease Area.
    After completing the EIS and associated consultations, BOEM will 
decide through a ROD whether to approve, approve with modification, or 
disapprove the Beacon Wind COP. If BOEM approves the COP, Beacon Wind 
must comply with all conditions of its approval.

Summary of Potential Impacts

    The draft EIS will identify and describe the potential effects of 
the Proposed Action and the alternatives on the human environment. 
Those potential effects must be reasonably foreseeable and must have a 
reasonably close causal relationship to the Proposed Action and the 
alternatives. Such effects include those that occur at the same time 
and place as the Proposed Action and alternatives and those that are 
later in time or occur in a different place. Potential effects include, 
but are not limited to, impacts (whether beneficial or adverse) on air 
quality, water quality, bats, benthic habitat, essential fish habitat, 
invertebrates, finfish, birds, marine mammals, terrestrial and coastal 
habitats and fauna, sea turtles, wetlands and other waters of the 
United States, commercial fisheries and for-hire recreational fishing, 
cultural resources, Tribal issues of concern, demographics, employment, 
economics, environmental justice, land use and coastal infrastructure, 
navigation and vessel traffic, other marine uses, recreation and 
tourism, and visual resources. These potential effects will be analyzed 
in the draft and final EIS.
    Based on a preliminary evaluation of the resources listed in the 
preceding paragraph, BOEM expects potential impacts on sea turtles and 
marine mammals from underwater noise caused by construction and from 
collision risks with Project-related vessel traffic. Structures 
installed by the Project could permanently change benthic and fish 
habitats (e.g., creation of artificial reefs). Commercial fisheries and 
for-hire recreational fishing could be impacted. Project structures 
above the water could affect the visual character defining historic 
properties and recreational and tourism areas. Project structures also 
would pose an allision and height hazard to vessels passing close by, 
and vessels would, in turn, pose a hazard to the structures. 
Additionally, the Project could cause conflicts with military 
activities, air traffic, land-based radar services, cables and 
pipelines, and scientific surveys. The EIS will analyze all impacts, as 
well as potential measures that would avoid, minimize, or mitigate 
identified non-beneficial impacts.
    Beneficial impacts are also expected by facilitating achievement of 
State renewable energy goals, increasing job opportunities, improving 
air quality, and addressing climate change through E.O. 14008. The 
Project is estimated to support 5,958 to 6,491 job-years cumulatively 
during the development and construction phases, including indirect and 
induced employment opportunities. During the operations and maintenance 
phase, the Project is estimated to support 21,117 to 22,681 jobs-years 
during an estimated 40 years of operation and maintenance (including 
decommissioning).

Anticipated Permits and Authorizations

    In addition to the requested COP approval, various other Federal, 
State, and local authorizations will be required for the Project. 
Applicable Federal laws include the Endangered Species Act, 
Magnuson[hyphen]Stevens Fishery Conservation and Management Act, MMPA, 
RHA, CWA, Clean Air Act section 328, and the Coastal Zone Management 
Act. BOEM will also conduct government-to-government

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Tribal consultations. For a detailed listing of regulatory requirements 
applicable to the Project, please see the COP, volume I, available at 
www.boem.gov/renewable-energy/state-activities/beacon-wind.
    BOEM has chosen to use the NEPA process to fulfill its obligations 
under NHPA. While BOEM's obligations under NHPA and NEPA are 
independent, regulations implementing section 106 of NHPA allow the 
NEPA process and documentation to substitute for various aspects of the 
NHPA review. See 36 CFR 800.8(c). This process is intended to improve 
efficiency, promote transparency and accountability, and support a 
broadened discussion of potential effects that the Project could have 
on the human environment. During preparation of the EIS, BOEM will 
ensure that the NEPA process will fully meet all NHPA obligations.

Schedule for the Decision-Making Process

    After the draft EIS is completed, BOEM will publish a notice of 
availability (NOA) and request public comments on the draft EIS. BOEM 
currently expects to issue the NOA in July 2024. After the public 
comment period ends, BOEM will review and respond to comments received 
and will develop the final EIS. BOEM currently expects to make the 
final EIS available to the public in March 2025. A ROD will be 
completed no sooner than 30 days after the final EIS is released, in 
accordance with 40 CFR 1506.11.
    This Project is a ``covered project'' under section 41 of the 
Fixing America's Surface Transportation Act (FAST-41). FAST-41 provides 
increased transparency and predictability by requiring Federal agencies 
to publish comprehensive permitting timetables for all covered 
projects. FAST-41 also provides procedures for modifying permitting 
timetables to address the unpredictability inherent in the 
environmental review and permitting process for significant 
infrastructure projects. To view the FAST-41 Permitting Dashboard for 
the Project, visit: www.permits.performance.gov/permitting-project/beacon-wind.

Scoping Process

    This NOI commences the public scoping process to identify issues 
and potential alternatives for consideration in the Beacon Wind EIS. 
BOEM will hold virtual public scoping meetings at the times and dates 
described above under the DATES heading. Throughout the scoping 
process, Federal agencies, Tribes, State and local governments, and the 
public have the opportunity to help BOEM identify significant resources 
and issues, impact-producing factors, reasonable alternatives (e.g., 
size, geographic, seasonal, or other restrictions on construction and 
siting of facilities and activities), and potential mitigation measures 
to be analyzed in the EIS, as well as to provide additional 
information.
    As noted above, BOEM will use the NEPA process to comply with NHPA. 
BOEM will consider all written requests from individuals and 
organizations to participate as consulting parties under NHPA and, as 
discussed below, will determine who among those parties will be a 
consulting party in accordance with NHPA regulations.

NEPA Cooperating Agencies

    BOEM invites other Federal agencies and State and local governments 
to consider becoming cooperating agencies and invites federally 
recognized Tribes to become cooperating Tribal governments in the 
preparation of this EIS. The Council on Environmental Quality (CEQ) 
NEPA regulations specify that cooperating 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 should be aware 
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.
    BOEM will provide potential cooperating agencies with a written 
summary of expectations for cooperating agencies, including schedules, 
milestones, responsibilities, scope and detail of cooperating agencies' 
expected contributions, and availability of pre-decisional information. 
BOEM anticipates this summary will form the basis for a memorandum of 
agreement between BOEM and any non-Department of the Interior 
cooperating agency. Agencies should also consider the factors for 
determining cooperating agency status in the CEQ memorandum entitled 
``Cooperating Agencies in Implementing the Procedural Requirements of 
the National Environmental Policy Act,'' dated January 30, 2002. This 
document is available on the internet at: www.energy.gov/sites/prod/files/nepapub/nepa_documents/RedDont/G-CEQ-CoopAgenciesImplem.pdf. 
BOEM, as the lead agency, does not provide financial assistance to 
cooperating agencies.
    Governmental entities that are not cooperating agencies will have 
opportunities to provide information and comments to BOEM during the 
public input stages of the NEPA process.

NHPA Consulting Parties

    Individuals and organizations with a demonstrated interest in the 
Project can request to participate as NHPA consulting parties under 36 
CFR 800.2(c)(5) based on their legal or economic stake in historic 
properties affected by the Project.
    Before issuing this NOI, BOEM compiled a list of potential 
consulting parties and invited them to become consulting parties. To 
become a consulting party, those invited must respond in writing by the 
requested response date.
    Interested individuals and organizations that did not receive a 
written invitation can request to be consulting parties by writing to 
the staff NHPA contact at ICF International, Inc., the third-party EIS 
contractor supporting BOEM in its administration of this review. ICF's 
NHPA contact for this review is Alice Muntz at [email protected]. 
BOEM will determine which interested parties should be consulting 
parties.

Comments

    Federal agencies, Tribes, State and local governments, and other 
interested parties are requested to comment on the scope of this EIS, 
significant issues that should be addressed, and alternatives that 
should be considered.

Information on Submitting Comments

a. 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.

[[Page 42390]]

b. Personally Identifiable Information (PII)
    BOEM discourages 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 other personally 
identifiable information included in your comment, may be made publicly 
available. All comments from individuals, businesses, and organizations 
will be available for public viewing on regulations.gov.
    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 notice, your submission is subject to FOIA. If your 
submission is requested under FOIA, your information will only be 
withheld if a determination is made that one of 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.

Request for Identification of Potential Alternatives, Information, and 
Analyses Relevant to the Proposed Action

    BOEM requests data, comments, views, information, analysis, 
alternatives, or suggestions relevant to the Proposed Action from the 
public; affected Federal, Tribal, State, and local governments, 
agencies, and offices; the scientific community; industry; or any other 
interested party. Specifically, BOEM requests information on the 
following topics:
    1. Potential effects that the Proposed Action could have on 
biological resources, including bats, birds, coastal fauna, finfish, 
invertebrates, essential fish habitat, marine mammals, and sea turtles.
    2. Potential effects that the Proposed Action could have on 
physical resources and conditions including air quality, water quality, 
wetlands, and other waters of the United States.
    3. Potential effects that the Proposed Action could have on 
socioeconomic and cultural resources, including commercial fisheries 
and for-hire recreational fishing, demographics, employment, economics, 
environmental justice, land use and coastal infrastructure, navigation 
and vessel traffic, other uses (marine minerals, military use, 
aviation), recreation and tourism, and scenic and visual resources.
    4. Other possible reasonable alternatives to the Proposed Action 
that BOEM should consider, including additional or alternative 
avoidance, minimization, and mitigation measures.
    5. As part of its compliance with NHPA section 106 and its 
implementing regulations (36 CFR part 800), BOEM seeks comment and 
input from the public and consulting parties regarding the 
identification of historic properties within the Proposed Action's area 
of potential effects, the potential effects on those historic 
properties from the activities proposed in the COP, and any information 
that supports identification of historic properties under NHPA. BOEM 
also solicits proposed measures to avoid, minimize, or mitigate any 
adverse effects on historic properties. BOEM will present available 
information regarding known historic properties during the public 
scoping period at www.boem.gov/renewable-energy/state-activities/beacon-wind. BOEM's effects analysis for historic properties will be 
available for public and consulting party comment with the draft EIS.
    6. Information on other current or planned activities in, or in the 
vicinity of, the Proposed Action, their possible impacts on the 
Project, and the Project's possible impacts on those activities.
    7. Other information relevant to the Proposed Action and its 
impacts on the human environment.
    To promote informed decision-making, comments should be as specific 
as possible and should provide as much detail as necessary to 
meaningfully and fully inform BOEM of the commenter's position. 
Comments should explain why the issues raised are important to the 
consideration of potential environmental impacts and possible 
alternatives to the Proposed Action, as well as economic, employment, 
and other impacts affecting the quality of the human environment.
    The draft EIS will include a summary of all alternatives, 
information, and analyses submitted during the scoping process for 
consideration by BOEM and the cooperating agencies.
    Authority: This NOI is published in accordance with NEPA, 42 U.S.C. 
4321 et seq., and 40 CFR 1501.9.

Karen J. Baker,
Chief, Office of Renewable Energy Programs, Bureau of Ocean Energy 
Management.
[FR Doc. 2023-13918 Filed 6-29-23; 8:45 am]
BILLING CODE 4340-98-P