[Federal Register Volume 88, Number 227 (Tuesday, November 28, 2023)]
[Notices]
[Pages 83146-83147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26170]


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DEPARTMENT OF THE INTERIOR

Bureau of Ocean Energy Management

[Docket No. BOEM-2022-0053]


Notice of Availability of a Joint Record of Decision for the 
Proposed Empire Offshore Wind Projects

AGENCY: Bureau of Ocean Energy Management (BOEM), Interior; National 
Marine Fisheries Service (NMFS), National Oceanic and Atmospheric 
Administration (NOAA), Commerce.

ACTION: Record of decision (ROD); notice of availability (NOA).

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SUMMARY: The BOEM announces the availability of the joint ROD for the 
construction and operations plan (COP) submitted by Empire Wind, LLC 
(Empire Wind) for its proposed Empire Wind Offshore Wind Farm Projects 
(Projects) offshore New York. The final environmental impact statement 
(EIS) analyzes the potential environmental

[[Page 83147]]

impacts of the Projects as described in the COP (the proposed action) 
and the alternatives to the proposed action. The joint ROD includes the 
decision of the Department of the Interior (DOI) regarding the COP, and 
the decision of NMFS regarding Empire Wind's requested incidental take 
regulations (ITR) and an associated letter of authorization (LOA) under 
the Marine Mammal Protection Act (MMPA). NMFS has adopted the final EIS 
to support its decision of whether to issue the requested ITR. The 
joint ROD concludes the National Environmental Policy Act process for 
each agency.

ADDRESSES: The joint ROD and associated information are available on 
BOEM's website at: https://www.boem.gov/renewable-energy/state-activities/empire-wind.

FOR FURTHER INFORMATION CONTACT: For information related to BOEM's 
decision, please contact: Jessica Stromberg, BOEM Office of Renewable 
Energy Programs, 45600 Woodland Road, VAM-OREP, Sterling, Virginia 
20166, (703) 787-1730 or [email protected]. For information 
related to NMFS' action, contact Katherine Renshaw, NOAA Office of 
General Counsel, (302) 515-0324.

SUPPLEMENTARY INFORMATION: Empire Wind seeks approval to construct, 
operate, and maintain the Projects: two wind energy facilities and 
their associated export cables on the Outer Continental Shelf (OCS) 
offshore New York. The Projects would be developed within the range of 
design parameters outlined in the Empire Wind COP, subject to 
applicable mitigation measures. Empire Wind proposes to develop the 
lease area in two wind farms, known as Empire Wind 1 (EW 1) and Empire 
Wind 2 (EW 2). EW 1 and EW 2 will be independent from each other. 
Including both EW 1 and EW 2, Empire Wind proposes constructing and 
operating up to 147 wind turbines and up to two offshore substations 
with two cable routes under the terms of Renewable Energy Lease OCS-A 
0512 located 14 miles from Long Island, New York, and 19.5 miles from 
Long Branch, New Jersey. The onshore components of the Projects will 
include up to three export cable landfalls in New York (one for EW 1 
and up to two for EW 2) and two onshore substations: EW 1 onshore 
substation in Brooklyn, New York; and EW 2 onshore substation A in 
Oceanside, New York, or EW 2 onshore substation C in Island Park, New 
York.
    A notice of availability for the final EIS was published in the 
Federal Register on September 15, 2023. On November 15, 2023, BOEM 
published an errata on its website that included certain edits to the 
summary and comparison of impacts among those listed in the alternative 
table in chapter 2 of the final EIS to correct impact conclusions for 
marine mammals. The errata also provides corrections to chapter 3 to 
include identification of species-specific cumulative impacts of the 
proposed action. These corrections are neither substantive nor affect 
the analysis or conclusions in the final EIS.
    After carefully considering public comments on the draft EIS and 
the alternatives described and analyzed in the final EIS, DOI selected 
the combination of Alternative C-1, ``Gravesend Anchorage Area,'' 
Alternative D, ``EW 2 Submarine Export Cable Route Options to Minimize 
Impacts to the Sand Borrow Area,'' Alternative F, ``Wind Resource 
Optimization with Modifications for Environmental and Technical 
Considerations,'' Alternative G, ``Cable Bridge Crossing of Barnums 
Channel Adjacent to Long Island Railroad Bridge,'' and Alternative H, 
``Dredging for EW 1 Export Cable Landfall.'' This combination of 
alternatives is identified in the final EIS as the preferred 
alternative. The anticipated mitigation, monitoring, and reporting 
requirements are included in the ROD and will be included in BOEM's COP 
approval as terms and conditions. These requirements are available at: 
https://www.boem.gov/renewable-energy/state-activities/empire-wind.
    NMFS has adopted BOEM's final EIS to support its decision of 
whether to issue the requested ITR and associated LOA to Empire Wind. 
NMFS's final decision will be documented in a separate decision 
memorandum prepared in accordance with NMFS's internal policy and 
procedures. The final ITR and LOA, if issued, will be published in the 
Federal Register. The LOA would authorize Empire Wind to take small 
numbers of marine mammal incidental to the Projects' construction, 
would set forth permissible methods of incidental taking, would specify 
means to ensure the least practicable adverse impact on marine mammals 
and their habitat, and would include requirements for monitoring and 
reporting. Pursuant to section 7 of the Endangered Species Act, NMFS 
issued a final biological opinion to BOEM on September 8, 2023, 
evaluating the effects of the proposed action on ESA-listed species. 
The biological opinion includes the associated permits, approvals, and 
authorizations that may be issued.
    Authority: The National Environmental Policy Act of 1969, as 
amended, (42 U.S.C. 4321 et seq.); 40 CFR 1505.2.

David Diamond,
Deputy Chief, Office of Renewable Energy Programs, Bureau of Ocean 
Energy Management.
[FR Doc. 2023-26170 Filed 11-27-23; 8:45 am]
BILLING CODE 4340-98-P