[Federal Register Volume 89, Number 174 (Monday, September 9, 2024)]
[Notices]
[Pages 73121-73122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20242]


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DEPARTMENT OF THE INTERIOR

Bureau of Ocean Energy Management

[Docket No. BOEM-2024-0046]


Notice of Availability of a Joint Record of Decision for US Wind 
Inc.'s Proposed Maryland Offshore Wind Project

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

ACTION: Record of decision; notice of availability.

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SUMMARY: The Bureau of Ocean Energy Management (BOEM) announces the 
availability of the joint record of decision (ROD) on the final 
environmental impact statement (EIS) for the construction and 
operations plan (COP) submitted by US Wind Inc. (US Wind) for its 
proposed Maryland Offshore Wind Project (Project). The joint ROD 
includes the Department of the Interior's (DOI) decision regarding the 
COP and National Marine Fisheries Service's (NMFS) decision, pending 
completion of all statutory processes, regarding US 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 about whether to 
promulgate the requested ITR and issue a LOA to US Wind under the MMPA. 
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/maryland-offshore-wind.

FOR FURTHER INFORMATION CONTACT: For information related to BOEM's 
action, please contact Lorena Edenfield, BOEM Office of Renewable 
Energy Programs, 45600 Woodland Road, VAM-OREP, Sterling, Virginia 
20166, (907) 231-7679, or [email protected]. For information 
related to NMFS' action, contact Katherine Renshaw, National Oceanic 
and Atmospheric Administration (NOAA) Office of General Counsel, (302) 
515-0324, [email protected].

SUPPLEMENTARY INFORMATION: US Wind seeks approval to construct, 
operate, and maintain a wind energy facility and the associated export 
cables on the Outer Continental Shelf (OCS) offshore Maryland. The 
Project would be

[[Page 73122]]

developed within the range of design parameters outlined in the 
Maryland Offshore Wind COP, subject to the applicable mitigation 
measures.
    A notice of availability for the final EIS was published in the 
Federal Register on August 2, 2024. On August 22, 2024, BOEM published 
an errata on its website that included certain edits to chapter 2, 
chapter 3, and appendix G. None of these edits are substantive or 
affect the analysis or conclusions in the final EIS.
    The Project (full build-out) as proposed in the COP would include 
up to 121 wind turbine generators (WTGs), 1 meteorological tower, up to 
4 offshore substations, and up to 4 offshore export cables, distributed 
across the lease area (OCS-A 0490). The lease area is located 10.1 
statute miles (16.2 kilometers) off the coast of Maryland. The onshore 
components of the Project would include a cable landfall area in Sussex 
County, Delaware. From the landfall, onshore cables would continue 
along an inshore cable export route in Indian River Bay to connect to 
onshore substations adjacent to the point of interconnection in 
Millsboro, Delaware.
    After carefully considering public comments on the draft EIS and 
the alternatives described and analyzed in the final EIS, DOI selected 
Alternative B, ``Proposed Action''. Alternative B reduces the total 
number of WTGs from 121 to 114. Development of the wind energy facility 
would occur within the range of design parameters outlined in the COP, 
subject to applicable mitigation measures. The anticipated mitigation, 
monitoring, and reporting requirements, which will be included in 
BOEM's COP approval as terms and conditions, are included in the ROD, 
which is available at https://www.boem.gov/renewable-energy/state-activities/maryland-offshore-wind.
    NMFS has adopted BOEM's final EIS to support its decision about 
whether to promulgate the requested ITR and issue the associated LOA to 
US Wind. NMFS' final decision will be documented in a separate Decision 
Memorandum prepared in accordance with internal NMFS policy and 
procedures. The final ITR and a notice of issuance of the LOA, if 
issued, will be published in the Federal Register. The LOA would 
authorize US Wind to take small numbers of marine mammals incidental to 
Project construction and would set forth permissible methods of 
incidental taking; means of affecting the least practicable adverse 
impact on the species and their habitat; and requirements for 
monitoring and reporting. Pursuant to Section 7 of the Endangered 
Species Act (ESA), NMFS issued a final Biological Opinion to BOEM on 
June 18, 2024, evaluating the effects of the proposed action on ESA-
listed species. The proposed action in the Biological Opinion includes 
the associated permits, approvals, and authorizations that may be 
issued.
    The US Army Corps of Engineers plans to adopt the final EIS to 
support its decision whether to issue a Department of the Army permit 
under sections 10 and 14 of the Rivers and Harbors Act of 1899, section 
404 of the Clean Water Act, and section 103 of the Marine Protection, 
Research, and Sanctuaries Act at a later date under an independent ROD.
    Authority: National Environmental Policy Act of 1969, as amended, 
(42 U.S.C. 4321 et seq.); 40 CFR 1505.2.

Karen Baker,
Chief, Office of Renewable Energy Programs, Bureau of Ocean Energy 
Management.
[FR Doc. 2024-20242 Filed 9-6-24; 8:45 am]
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