[Federal Register Volume 88, Number 146 (Tuesday, August 1, 2023)]
[Notices]
[Pages 50170-50171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16313]


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DEPARTMENT OF THE INTERIOR

Bureau of Ocean Energy Management

[Docket No. BOEM-2023-0034]


Notice of Intent To Prepare an Environmental Assessment for 
Commercial Wind Lease Issuance and Site Assessment Activities on the 
Atlantic Outer Continental Shelf Offshore Delaware, Maryland, and 
Virginia

AGENCY: Bureau of Ocean Energy Management, Interior

ACTION: Notice of intent; request for comments.

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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 potential environmental impacts associated with possible wind 
energy-related leasing, site assessment, and site characterization 
activities on the U.S. Atlantic Outer Continental Shelf (OCS). BOEM is 
seeking public input regarding important environmental issues and the 
identification of reasonable alternatives that should be considered in 
the EA. The environmental impacts of any proposed wind energy projects 
will be assessed after a lease is issued and before BOEM decides 
whether or not to approve any lessee's project construction and 
operations plan.

DATES: BOEM must receive your comments no later than August 31, 2023.

ADDRESSES: You may submit comments by either of the following methods:
     Through the regulations.gov web portal: Navigate to http://www.regulations.gov and search for Docket No. BOEM-2023-0034 to submit 
public comments and view supporting and related materials available for 
this notice. Click on the ``Comment'' button below the document link. 
Enter your information and comment, then click ``Submit Comment''; 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.
    Background: On November 16, 2022, BOEM announced eight draft wind 
energy areas (WEAs) on the U.S. Central Atlantic OCS for public review 
and comment. The draft WEAs are offshore North Carolina, Virginia, 
Maryland, and Delaware, covering approximately 1.7 million acres. 
Before finalizing the WEAs, BOEM considered feedback from government 
partners, ocean users, and stakeholders in addition to potential 
conflicts with a United States Coast Guard safety fairway, commercial 
fishing, Department of Defense activities, a National Aeronautics and 
Space Administration danger zone, and marine habitat areas. On July 31, 
2023, BOEM announced the final WEAs, which consist of the WEAs 
identified as A-2, B-1, and C-1 offshore Delaware, Maryland, and 
Virginia. Detailed information about the WEAs can be found on BOEM's 
website at: https://www.boem.gov/central-atlantic.

Proposed Action and Scope of Analysis

    The EA's proposed action is issuing wind energy leases in the 
Central Atlantic WEAs A-2, B-1, and C-1. The EA will consider project 
easements and grants for subsea cable corridors associated with 
leasing. The EA also will consider the potential environmental impacts 
associated with site characterization surveys (i.e., biological, 
archeological, geological, and geophysical surveys and core samples) 
and site assessment activities (i.e., installation of meteorological 
buoys), that are expected to take place following lease issuance. The 
EA's proposed action does not include the installation of 
meteorological towers because developers prefer meteorological buoys to 
collect data. In addition to the no-action alternative, other 
alternatives may be considered, such as exclusion of certain areas.
    BOEM has decided to prepare an EA for this proposed action in order 
to

[[Page 50171]]

assist agency planning and decision-making (40 CFR 1501.3). This notice 
starts the scoping process for the EA and solicits information 
regarding additional important environmental issues and alternatives 
that should be considered in the EA (43 CFR 46.305). 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 (NHPA;, as provided in 36 CFR 800.2(d)(3). 
Specific to NHPA, BOEM seeks information from the public on the 
identification and assessment of potential impacts to cultural 
resources and historic properties that might be impacted by possible 
wind energy-related leasing, site characterization, and site assessment 
activities in WEAs A-2, B-1, and C-1.
    The EA analyses will also support compliance with other 
environmental statutes (e.g., Coastal Zone Management Act, Endangered 
Species Act, Magnuson-Stevens Fishery Conservation and Management Act, 
and Marine Mammal Protection Act).
    Wind energy leases do not authorize any activities on the Outer 
Continental Shelf. Instead, leases grant lessees the exclusive right to 
submit plans for BOEM approval. Prior to deciding whether or not to 
approve any plan for the construction and operation of commercial wind 
energy facilities, BOEM will prepare a plan-specific environmental 
analysis and will comply with all consultation requirements. Therefore, 
this EA will not consider the construction and operation of any 
commercial wind energy facilities in the WEAs A-2, B-1, and C-1.
    Cooperating Agencies: BOEM invites Tribal governments and Federal, 
State, and local government agencies to consider becoming cooperating 
agencies in the preparation of this EA. Council on Environmental 
Quality (CEQ) regulations implementing the procedural provisions of 
NEPA define 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. 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 CEQ's memo 
``Cooperating Agencies in Implementing the Procedural Requirements of 
[NEPA]'' dated January 30, 2002. A copy of this document is available 
at: https://www.energy.gov/sites/prod/files/nepapub/nepa_documents/RedDont/G-CEQ-CoopAgenciesImplem.pdf.
    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 process.
    Comments: Federal agencies, Tribal, State, local governments, and 
other interested parties are requested to comment on the important 
issues to be considered in the EA. For information on how to submit 
comments and deadline, see the DATES and ADDRESSES section above.

Privileged and Confidential Information

    BOEM will protect privileged and confidential information in your 
comment under the Freedom of Information Act (FOIA). Exemption 4 of 
FOIA applies to trade secrets and commercial and 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 a FOIA 
exemption. 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.

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. Except for clearly identified privileged 
and confidential information, 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 notice, 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.

Section 304 of the National Historic Preservation Act (54 U.S.C. 
307103(a))

    After consultation with the Secretary of the Interior, BOEM is 
required to withhold the location, character, or ownership of historic 
resources if it determines that disclosure may, among other things, 
cause a significant invasion of privacy, risk harm to the historic 
resources, or impede the use of a traditional religious site by 
practitioners. Tribal entities and other parties providing information 
on historic resources should designate information that they wish to be 
held as confidential and provide the reasons why BOEM should do so.

Karen Baker,
Chief, Office of Renewable Energy Programs, Bureau of Ocean Energy 
Management.
[FR Doc. 2023-16313 Filed 7-31-23; 8:45 am]
BILLING CODE 4340-98-P