[Federal Register Volume 89, Number 9 (Friday, January 12, 2024)]
[Notices]
[Pages 2249-2251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00512]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Ocean Energy Management

[Docket No. BOEM-2024-0001]


Notice of Availability of a Draft Programmatic Environmental 
Impact Statement for Expected Wind Energy Development in the New York 
Bight

AGENCY: Bureau of Ocean Energy Management, Interior.

ACTION: Notice of availability; request for comments.

-----------------------------------------------------------------------

SUMMARY: The Bureau of Ocean Energy Management (BOEM) announces the 
availability of the draft programmatic environmental impact statement 
(PEIS) to analyze the potential impacts of wind energy development in 
six lease areas of the New York (NY) Bight. The PEIS also identifies 
possible changes in those impacts that could result from adopting 
certain avoidance, minimization, mitigation, and monitoring (AMMM) 
measures (the Proposed Action). This notice of availability (NOA) 
announces the start of the public review and comment period and the 
dates and times for public meetings on the draft PEIS. After the public 
comment period and meetings, BOEM will address the issues raised and 
will publish a final PEIS. The final PEIS will inform BOEM's decision 
whether to adopt certain AMMM measures at this stage that would 
potentially be required as conditions of approval for activities 
proposed by NY Bight lessees in their construction and operations plans 
(COPs) or defer the decision to adopt such measures to each project-
specific environmental review.

DATES: Comments must be received no later than February 26, 2024. BOEM 
will conduct a total of five virtual and in-person public meetings. 
BOEM's public meetings will be held at the following times (all times 
Eastern):
     January 31, 2024, 5:00 p.m.-9:00 p.m., virtual meeting;
     * February 5, 2024, 4:00 p.m.-7:00 p.m., University of 
Massachusetts, Dartmouth, The Marketplace, MacLean Campus Center, 285 
Old Westport Rd., North Dartmouth, MA 02747;
     * February 7, 2024, 4:00 p.m.-7:00 p.m., Stony Brook 
University, Bauman Center for Leadership and Service, Benedict D013, 
Room C029, 200 Circle Rd., Stony Brook, NY 11790;
     * February 8, 2024, 4:00 p.m.-7:00 p.m., Clarion Hotel 
Toms River, 815 Route 37 West, Toms River, NJ 08755; and
     February 13, 2024, 1:00 p.m.-5:00 p.m., virtual meeting.

[[Page 2250]]

    * In the event the in-person public meetings are cancelled due to 
inclement weather, they will be replaced with a single virtual meeting 
on February 8, 2024, 4:00 p.m.-7:00 p.m.
    Registration for the public meetings may be completed on the NY 
Bight website here: https://www.boem.gov/renewable-energy/state-activities/new-york-bight or by calling (202) 517-1249. Registration 
for the virtual meetings is required. Registration for the in-person 
public meetings is voluntary but strongly encouraged. Meeting 
information will be sent to registrants via their email address 
provided during registration. In the event of inclement weather, in-
person public meetings will be replaced with one virtual meeting on 
February 8, 2024, 4:00 p.m.-7:00 p.m. This inclement weather 
notification and the virtual meeting link will be shared with 
registrants via their email address provided during registration. BOEM 
will also send a Notice to Stakeholders, post on the NY Bight website, 
and share on BOEM's digital media accounts.

ADDRESSES: The draft PEIS can be found on the NY Bight website at: 
https://www.boem.gov/renewable-energy/state-activities/new-york-bight. 
Comments can be submitted in any of the following ways:
     Orally or in written form during any of the public 
meetings identified in this NOA.
     In-Person Meetings: BOEM will follow an informal, open 
house format with a series of informational posters staffed by BOEM 
subject matter experts who can share information with individual 
attendees and answer questions one-on-one. Attendees can submit formal 
public comments for the record by submitting comments on laptops 
through the regulations.gov web portal, via handwritten comment cards, 
or by individually recording oral comments. If additional 
accommodations are needed, please contact [email protected] or 
call (202) 517-1249 at least 7 days prior to the in-person meeting 
date.
     Virtual Meetings: BOEM will provide an overview 
presentation. Afterwards, members of the public may make formal, oral 
public statements for the record. The meeting facilitator will mute the 
audience during the meeting until individuals are called on to provide 
comments in front of all attendees. Attendees can ask clarifying 
questions to BOEM staff through the webinar Q&A function, which will be 
explained after the public statements.
     All comments and questions received during the five public 
meetings will be part of the public record.
     Delivered by mail or delivery service, enclosed in an 
envelope labeled, ``NY BIGHT PEIS'' and addressed to Chief, Division of 
Environmental Assessment, Office of Environmental Programs, Bureau of 
Ocean Energy Management, 45600 Woodland Road, VAM-OEP, Sterling, 
Virginia 20166; or
     Through the regulations.gov web portal: Navigate to 
https://www.regulations.gov and search for Docket No. BOEM-2024-0001. 
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.''
    For more information about submitting comments, please see 
``Information on Submitting Comments'' under the SUPPLEMENTARY 
INFORMATION heading below.

FOR FURTHER INFORMATION CONTACT: Jill Lewandowski, BOEM Office of 
Environmental Programs, 45600 Woodland Road, VAM-OEP, Sterling, 
Virginia 20166, (703) 787-1703 or [email protected].

SUPPLEMENTARY INFORMATION: 
    Proposed Action: The draft PEIS assumes that a representative 
project, including associated export cables, within a range of design 
parameters informed by lessees, will be developed for the NY Bight and 
considers the potential environmental impacts of that development. The 
Proposed Action for the PEIS is the adoption of programmatic AMMM 
measures that BOEM would require as conditions of approval for 
activities proposed by lessees in COPs submitted for the NY Bight 
unless the COP-specific NEPA analysis shows that implementation of such 
measures is not warranted or effective. BOEM may require additional or 
different measures based on subsequent, project-specific environmental 
analyses. These AMMM measures are considered programmatic insofar as 
they may be applied to COPs within the whole NY Bight area, not because 
they necessarily will apply to COPs under BOEM's renewable energy 
program outside of the NY Bight area. The PEIS considers the possible 
change in potential impacts resulting from the application of 
individual AMMM measures. The Proposed Action does not itself require 
any actions by BOEM or lessees.
    Alternatives: BOEM considered 19 alternatives when preparing the 
draft PEIS and carried forward 3 alternatives for further analysis. 
These three alternatives include two action alternatives and the no 
action alternative. Sixteen alternatives were rejected because they did 
not meet the purpose and need for the proposed action or did not meet 
screening criteria, which are presented in chapter 2 of the draft PEIS. 
The screening criteria included consistency with law and regulations; 
technical and economic feasibility; environmental impact; and 
geographic considerations.
    Availability of the Draft PEIS: The draft PEIS and associated 
information are available on the New York Bight website at: https://www.boem.gov/renewable-energy/state-activities/new-york-bight. If you 
need a flash drive or paper copy, BOEM will provide one upon request, 
as long as copies are available. You may request a flash drive or paper 
copy of the draft PEIS by calling (703) 787-1703.
    Cooperating Agencies: The following 13 Federal, State, and local 
agencies participated as cooperating agencies in the preparation of the 
draft PEIS: the Bureau of Safety and Environmental Enforcement; U.S. 
Environmental Protection Agency; National Marine Fisheries Service; 
U.S. Army Corps of Engineers; U.S. Coast Guard; U.S. Fish and Wildlife 
Service; National Park Service; New Jersey Department of Environmental 
Protection; New Bedford Port Authority; New York State Department of 
State; New York State Department of Environmental Compliance; New 
Jersey Board of Public Utilities; and the Massachusetts Office of 
Coastal Zone Management. The following Tribal Nations participated as 
Cooperating Tribal Governments in the preparation of the draft PEIS: 
the Stockbridge-Munsee Community Band of Mohican Indians and the 
Mashantucket (Western) Pequot Tribal Nation. The New York City Mayor's 
Office of Environmental Coordination served as a participating agency 
in the preparation of the draft PEIS.
    Information on Submitting Comments: BOEM discourages anonymous 
comments. Please include your full name as part of your comment. BOEM 
makes all comments, including your name and any other personally 
identifiable information (PII) in your comment, available for public 
review. You may request that BOEM withhold your name, address, and any 
other PII included in your comment from the public record. However, 
BOEM cannot guarantee that it will be able to do so. If you wish your 
name, address, and other PII to be withheld, you must state your 
request prominently in a cover letter and explain the harm that you 
fear

[[Page 2251]]

from its disclosure, such as unwarranted privacy invasion, 
embarrassment, or injury.
    Even if BOEM withholds your information in the context of this 
notice, your comment is subject to the Freedom of Information Act 
(FOIA) and any relevant court orders. If your comment is requested 
under FOIA or any court order, your information will only be withheld 
if BOEM determines that one of the FOIA exemptions to disclosure 
applies or if the applicable court order is challenged. BOEM will make 
its determination in accordance with the Department's FOIA regulations 
and applicable law.
    Please label privileged or confidential information as ``Contains 
Confidential Information,'' and consider submitting such information as 
a separate attachment. BOEM may consider information that is not 
labeled as privileged or confidential as suitable for public release.
    Request for Comment: BOEM requests data, comments, views, 
information, analysis, or suggestions relevant to the analysis of 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. In an effort to fully meet the intent of Executive Order (E.O.) 
12898, ``Federal Actions to Address Environmental Justice in Minority 
Populations and Low-Income Populations,'' and E.O. 14096, 
``Revitalizing Our Nation's Commitment to Environmental Justice for 
All,'' BOEM is considering several AMMM measures intended to mitigate 
impacts to communities with environmental justice (EJ) concerns. These 
measures include communication plans, provision of mitigation 
resources, and reporting requirements (AMMM measures EJ-1 through EJ-
3). BOEM seeks input on the potential for these measures to reduce 
impacts on communities with EJ concerns. In addition, BOEM developed an 
EJ compensatory mitigation framework (EJ-4), per guidance issued by the 
Federal Interagency Working Group on Environmental Justice and NEPA 
Committee in its report ``Promising Practices for EJ Methodologies in 
NEPA Reviews'' (2016). On page 48, the guidance states that agencies 
``may wish to consider appropriate compensating mitigation'' when there 
are unavoidable adverse impacts to environmental justice populations.
    EJ engagement participants have indicated that offshore wind energy 
development has potential for impacts that are not identified in 
advance of construction and operations. Therefore, BOEM is seeking 
feedback on the proposed language outlined in the EJ compensatory 
mitigation AMMM measure (EJ-4) to address impacts that cannot be 
avoided or minimized. In particular, BOEM requests feedback on the 
following: (1) the lessee's financial contribution and how it is 
calculated over the life of mitigation implementation; (2) what 
constitutes an eligible impact to receive compensation; (3) appropriate 
level of description and guidance surrounding a board of trustees to 
administer the compensatory mitigation funds, including its 
composition, bylaws, governance, and oversight; (4) fund management 
criteria that need to be stated at the programmatic stage to advance 
equity considerations; (5) fund distribution objectives; and (6) 
defining recipients of fund distributions.
    2. BOEM is soliciting feedback on AMMM measures related to 
measuring, monitoring, and reducing noise and its impacts on marine 
life. Specifically, BOEM seeks information on operational measures, 
noise abatement technologies, and other techniques and procedures that 
may be helpful to meet any marine noise reduction targets or to reduce 
the impact of any noise introduced into the marine environment; the 
cost and commercial feasibility of such measures and technologies in 
meeting a target; and what criteria BOEM should consider in determining 
whether a specific project could be exempted from a target. BOEM is 
also seeking similar feedback on AMMM measures related to sound field 
verification and long-term passive acoustic monitoring. BOEM requests 
feedback on the currently written acoustic assessment and the use of 
the relativistic risk assessment framework (appendix J in draft PEIS). 
BOEM appreciates any information that can help improve its 
applicability to the NY Bight and future projects.
    Authority: 42 U.S.C. 4321 et seq. (NEPA, as amended), and 40 CFR 
1506.6.

Karen Baker,
Chief, Office of Renewable Energy Programs, Bureau of Ocean Energy 
Management.
[FR Doc. 2024-00512 Filed 1-11-24; 8:45 am]
BILLING CODE 4340-98-P