[Federal Register Volume 89, Number 69 (Tuesday, April 9, 2024)]
[Notices]
[Page 24809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07466]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

[Permit No. NAN-2022-00901]


Notice of Final Federal Agency Action on the Authorization for 
the Empire Wind 1 Energy Project Offshore New York

AGENCY: Department of the Army, U.S. Army Corps of Engineers, DoD.

ACTION: Notice of limitation on claims for judicial review of actions 
by the U.S. Army Corps of Engineers (USACE).

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SUMMARY: USACE announces final agency action on the USACE authorization 
for the proposed construction and maintenance of the Empire Wind 1 
project offshore New York. USACE has issued a permit authorizing the 
construction and maintenance of the Empire Wind 1 project under section 
10 of the Rivers and Harbors Act of 1899 (RHA), section 404 of the 
Clean Water Act (CWA), and section 14 of the Rivers and Harbors Act of 
1899. The Empire Wind 1 project is a ``covered project'' under title 41 
of the Fixing America's Surface Transportation Act.

DATES: A claim seeking judicial review of the USACE authorization of 
construction and maintenance of the Empire Wind 1 project will be 
barred unless the claim is filed not later than two years after this 
notice's publication date. If the Federal law that allows for judicial 
review of the USACE authorization specifies a shorter time period for 
filing such a claim, then that shorter time period will apply.

FOR FURTHER INFORMATION CONTACT: Mr. Christopher Minck, Regulatory 
Project Manager, Regulatory Branch, USACE, New York District, 26 
Federal Plaza, New York, New York 10278, (917) 790-8511 or 
[email protected].

SUPPLEMENTARY INFORMATION: Notice is hereby given that USACE has taken 
final agency action on its authorization for the proposed Empire Wind 1 
project by issuing a permit authorizing construction and maintenance of 
the project under section 10 of the RHA, section 404 of the CWA, and 
section 14 of the Rivers and Harbors Act of 1899. The majority of the 
authorized work will occur in the Atlantic Ocean within Bureau of Ocean 
Energy Management (BOEM) Renewable Energy Lease Area OCS-0512, which is 
approximately 14 miles south of Long Island, New York and approximately 
19.5 miles east of Long Branch, New Jersey.
    The work authorized under the USACE permit includes the following: 
(1) installation of up to fifty-seven (57) wind turbine generators 
(WTGs) and one (1) offshore substation (OSS) with associated scour 
protection, (2) installation of approximately 116 nautical miles of 
inter-array cables connecting the WTGs and the OSS with associated 
secondary cable protection, (3) installation of up to 2 export 
transmission cables with associated secondary cable protection within 
an approximately 40 nautical mile long offshore export cable corridor 
extending from the lease area to the cable landfall location at the 
South Brooklyn Marine Terminal in Brooklyn, New York, and (4) bulkhead 
and shoreline replacement activities at the cable landfall location.
    The USACE's decision to issue a permit for the Empire Wind 1 
project, and the laws under which the action was taken, are described 
in the Empire Wind Final Environmental Impact Statement (FEIS) 
published by BOEM on September 15, 2023, in the BOEM Record of Decision 
(ROD) issued on November 21, 2023, and in other project records. The 
FEIS, ROD, and other documents can be viewed and downloaded from the 
BOEM project website at https://www.boem.gov/renewable-energy/state-activities/empire-wind. The USACE permit can be viewed and downloaded 
from the USACE website at https://www.nan.usace.army.mil/Missions/Regulatory/Commonly-Requested-Issued-Permits-and-Nationwide-Permit-Verifications/. By this notice, USACE is advising the public of final 
agency action subject to 42 U.S.C. 4370m-6(a)(1)(A).
    Authority: 42 U.S.C. 4370m-6(a)(1)(A).

John P. Lloyd,
Brigadier General, USA, Commanding.
[FR Doc. 2024-07466 Filed 4-8-24; 8:45 am]
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