74218 Federal Register / Vol. 77, No. 240 / Thursday, December 13, 2012 / Notices 

Persons interested in reviewing 

environmental documents for the 

proposals listed above or obtaining 

information about the SEAs and FONSIs 

prepared by the Gulf of Mexico OCS 

Region are encouraged to contact BOEM 

at the address or telephone listed in the 

FOR FURTHER INFORMATION CONTACT

section. 

Dated: November 13, 2012. 

John Rodi, 

Regional Director, Gulf of Mexico OCS Region. 

[FR Doc. 2012–30084 Filed 12–12–12; 8:45 am] 

BILLING CODE 4310–MR–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Ocean Energy Management 

[Docket No. BOEM–2012–0090] 

Commercial Wind Leasing and Site 

Assessment Activities on the Atlantic 

Outer Continental Shelf (OCS) 

Offshore North Carolina 

AGENCY: Bureau of Ocean Energy 

Management (BOEM), Interior. 

ACTION: Notice of Intent To Prepare an 

Environmental Assessment. 

SUMMARY: BOEM is publishing this 

Notice of Intent To Prepare an 

Environmental Assessment (EA) for the 

purpose of involving Federal agencies, 

states, tribes, local governments, 

offshore wind energy developers, and 

the public in the Department of the 

Interior’s (DOI) ‘‘Smart from the Start’’ 

wind energy initiative offshore North 

Carolina. The ‘‘Smart from the Start’’ 

wind energy initiative is designed to 

identify areas that appear to be suitable 

for wind energy leasing on the OCS, 

known as Wind Energy Areas (WEAs) 

and to obtain public and expert input 

that will inform DOI’s decisionmaking 

with regard to issuing leases and 

approving site assessment activities in 

these areas, in accordance with 

applicable DOI regulations and the 

Council on Environmental Quality 

(CEQ) regulations implementing the 

provisions of the National 

Environmental Policy Act (NEPA) of 

1969 as amended (42 U.S.C. 4321 et 

seq.). 

The ‘‘Smart from the Start’’ initiative 

involves coordinated environmental 

studies, large-scale planning processes, 

and expedited review procedures within 

these areas to achieve an efficient and 

responsible renewable energy leasing 

process. More information on the 

‘‘Smart from the Start’’ initiative can be 

found at: http://boem.gov/RenewableEnergy-Program/Smart-from-the-Start/ 

Index.aspx. 

In consultation with other Federal 

agencies and the BOEM North Carolina 

Intergovernmental Renewable Energy 

Task Force, BOEM has identified three 

areas under consideration for potential 

future wind energy leasing offshore 

North Carolina (Call Areas). These Call 

Areas are identified in the document 

entitled, Commercial Leasing for Wind 

Power on the Outer Continental Shelf 

Offshore North Carolina-Call for 

Information and Nominations (Call), 

which is being published concurrently 

with this Notice. The publication of a 

Call is the first public step in BOEM’s 

offshore wind planning process for 

North Carolina, and additional 

opportunities for public involvement 

are required before any commercial 

wind leases would be issued. A 

commercial lease gives the lessee the 

exclusive right to subsequently seek 

BOEM approval for the development of 

the leasehold. The lease does not grant 

the lessee the right to construct any 

facilities; rather, the lease grants the 

lessee the right to use the leased area to 

develop its plans, which BOEM must 

approve before the lessee can move on 

to the next stage of the process. See 30 

CFR 585.600 and 585.601. 

BOEM intends to prepare an EA, 

which is the subject of this Notice, that 

will consider the environmental 

consequences associated with the 

possible future issuance of commercial 

wind leases and approving site 

assessment activities on those leases 

(within all or some of these Call Areas). 

BOEM is seeking public input regarding 

the identification of the alternatives to 

be considered in the EA, as well as the 

environmental and/or socioeconomic 

issues to be analyzed. 

Furthermore, section 106 of the 

National Historic Preservation Act (16 

U.S.C. 470f) and its implementing 

regulations at 36 CFR 800 require 

Federal agencies to consider the effects 

of their actions on historic properties, 

and afford the Advisory Council on 

Historic Properties an opportunity to 

comment (36 CFR 800.1). Therefore, 

BOEM will conduct Section 106 review 

for the issuance of leases and approval 

of site assessment activities within some 

or all of the Call Areas, in coordination 

with its environmental review. As part 

of this Section 106 review, BOEM will 

initiate consultation with state historic 

preservation officer, tribal officials, and 

others. With the publication of this 

Notice, BOEM is reaching out to the 

general public for comments regarding 

the identification of historic properties 

or potential effects to historic properties 

from leasing and site assessment 

activities in the Call Areas. Submitted 

information will allow BOEM to 

consider the views of the public and 

document historic preservation 

concerns early in the Section 106 

process. 

Authority: This Notice of Intent to prepare 

an EA is published pursuant to 43 CFR 

46.305. 

FOR FURTHER INFORMATION CONTACT: 

Michelle Morin, BOEM Office of 

Renewable Energy Programs, 381 Elden 

Street, HM 1328, Herndon, Virginia 

20170–4817, (703) 787–1340 or 

michelle.morin@BOEM.gov. 

SUPPLEMENTARY INFORMATION: 

1. The OCS Wind Energy Planning, 

Leasing and Development Process 

There are four key phases in the wind 

energy planning, leasing and 

development process on the OCS: (1) 

Planning and siting; (2) lease issuance; 

(3) approval of a site assessment plan 

(SAP); and (4) approval of a 

construction and operations plan (COP). 

Publication of the Call and this NOI are 

steps in the first phase of this process. 

The second phase, issuance of a 

commercial renewable energy lease, 

gives the lessee an exclusive right to 

submit plans, the approval of which is 

necessary for a lessee to advance to the 

next stage of the renewable energy 

development process. The third phase is 

the applicant’s submission and BOEM’s 

subsequent review and approval of a 

SAP. Approval of a SAP allows the 

lessee to construct and install 

equipment on the leasehold, such as a 

meteorological tower and/or buoys, to 

perform site assessment functions. See 

30 CFR 585.600–585.601; 585.605– 

585.618. Site characterization activities 

are necessary to support a lessee’s 

proposed site assessment activities (e.g., 

geological and geophysical surveys and 

core samples) and the lessee must 

submit the results of such surveys with 

the supporting data in its SAP. See 30 

CFR 585.610. The submission of a SAP 

is separate from the submission of a 

COP. After the lessee has collected the 

additional site characterization and 

assessment data necessary for a COP, 

the lessee may submit its COP. The COP 

would be subject to additional project 

specific environmental review. The 

approval of the COP would authorize 

the construction and operation of a 

renewable energy generation facility on 

the lease. See 30 CFR 585.620–585.629. 

2. Proposed Action and Scope of 

Analysis 

The proposed action that will be the 

subject of the EA is the issuance of 

renewable energy leases within all or 

some of the Call Areas described in this 

Notice, and the approval of site 


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Federal Register / Vol. 77, No. 240 / Thursday, December 13, 2012 / Notices 74219 

assessment activities on those leases 

(i.e., Phases 2 and 3 of the wind energy 

planning, leasing and development 

process). BOEM will also consider in 

the EA the environmental impacts 

associated with the site characterization 

activities that it anticipates lessees 

might eventually undertake to fulfill the 

SAP and COP information requirements 

at 30 CFR 585.610 and 585.626, 

respectively. 

Additional analysis under NEPA will 

be required before any future decision is 

made regarding the approval of the 

construction or operation of any wind 

energy facility on leases that may be 

issued within all or some of these Call 

Areas. If and when a lessee is ready to 

begin the final phase of renewable 

energy development, it will submit a 

COP. If, in the future, a COP is 

submitted for a particular project on a 

lease, BOEM would undertake a 

separate site- and project-specific NEPA 

analysis and consultations. This specific 

NEPA analysis would likely take the 

form of an Environmental Impact 

Statement (EIS) and would provide 

additional opportunities for public 

involvement pursuant to NEPA and the 

CEQ regulations at 40 CFR 1500–1508. 

The NEPA process would provide the 

public and Federal officials with 

comprehensive site- and project-specific 

information, which would consider the 

reasonably foreseeable environmental 

impacts of the specific project the lessee 

is proposing. These potential impacts 

will be taken into account when 

deciding whether to approve, approve 

with modification, or disapprove the 

COP pursuant to 30 CFR 585.628. 

Based on the information submitted 

in response to this Notice and the Call, 

BOEM will determine the level of 

interest in the Call Areas and identify 

the areas that would be appropriate to 

move forward with in BOEM’s offshore 

wind planning, leasing, and 

development process. The areas 

identified will constitute WEA(s) under 

the ‘‘Smart from the Start’’ initiative, 

and will be the area(s) analyzed in this 

EA. That step in the process is referred 

to as Area Identification. 

This EA, will consider the 

environmental consequences associated 

with reasonably foreseeable leasing 

scenarios (not development itself), 

reasonably foreseeable site 

characterization scenarios within these 

lease areas (including geophysical, 

geotechnical, archaeological, and 

biological surveys), and reasonably 

foreseeable site assessment scenarios 

(including the installation and operation 

of meteorological towers and buoys) on 

the leases that may be issued within all 

or some of the Call Areas. At a 

minimum, two alternatives will be 

considered: no action (i.e., no issuance 

of leases or approval of site assessment 

activities); and the issuance of leases 

and approval of site assessment 

activities within the identified 

portion(s) of the Call Areas. BOEM is 

therefore soliciting input on these and/ 

or other alternatives, and on the 

environmental and socioeconomic 

issues to be considered in this EA 

related to the potential environmental 

effects of the activities listed above. 

Federal, state, and local government 

agencies, tribal governments, and other 

interested parties may assist BOEM in 

determining the issues, and any 

additional alternatives, to be analyzed 

in the EA. Input is also requested on 

measures (e.g., limitations on activities 

based on technology, distance from 

shore, or timing) that could lessen 

impacts to environmental resources and 

socioeconomic conditions that could 

result from leasing, site characterization, 

and site assessment activities taking 

place in the Call Areas or from support 

activities taking place outside the Call 

Areas. Consultation with other Federal 

agencies, tribal governments, and 

affected states will be carried out during 

the EA process and will be completed 

before a final decision is made on 

whether any particular lease will be 

issued or site assessment activities on 

those leases approved. 

If BOEM determines during the EA 

process that issuing leases and 

conducting site characterization and 

assessment activities within the Call 

Areas would result in significant 

environmental impacts, BOEM will 

publish a Notice of Intent to prepare an 

EIS for the issuance of renewable energy 

leases and approval of site assessment 

activities within all or some of these 

Call Areas. If BOEM determines during 

the EA process that issuing leases and 

conducting site characterization and 

assessment activities within the Call 

Areas would not result in significant 

environmental impacts, BOEM will 

issue a Finding of No Significant Impact 

(FONSI). After either a FONSI is issued 

or the EIS process is completed, BOEM 

may issue one or more renewable energy 

leases within all or some of these Call 

Areas. In the event that a particular 

lease is issued, and the lessee submits 

a SAP, BOEM will determine whether 

the EA adequately considers the 

environmental impacts of the activities 

proposed in the lessee’s SAP. If the 

analysis in the EA adequately addresses 

these impacts, then no further NEPA 

analysis would be required before the 

SAP is approved. If the EA analysis is 

inadequate, additional NEPA analysis 

would be conducted before the SAP 

could be approved. 

3. Information That Will Be 

Incorporated Into the EA 

On November 6, 2007, BOEM 

published a Notice of Availability 

(NOA) in the Federal Register (72 FR 

62,672) of the Programmatic EIS for 

Alternative Energy Development and 

Production and Alternate Use of 

Facilities on the Outer Continental 

Shelf, Final EIS (OCS Report MMS 

2007–046) (Programmatic EIS). On 

February 3, 2012, BOEM published a 

NOA in the Federal Register (77 FR 

5560) of the Final EA for Commercial 

Wind Lease Issuance and Site 

Assessment Activities on the Atlantic 

Outer Continental Shelf Offshore New 

Jersey, Delaware, Maryland, and 

Virginia (OCS EIS/EA BOEM 2012–003) 

(Mid-Atlantic EA), which addressed 

activities similar to those to be 

addressed in the EA for which this 

Notice is being published. 

BOEM will incorporate the 

environmental and socioeconomic 

analyses of site characterization and 

assessment activities from the 

Programmatic EIS, Mid-Atlantic EA, and 

other public information to help inform 

its analysis in this EA. The EA will 

incorporate the principles of national 

ocean policy, including comprehensive 

interagency coordination. 

4. Description of the Call Areas 

A detailed description of the Call 

Areas can be found in the Call that is 

being published concurrently with this 

Notice. 

A map of the Call Area can be found 

at the following URL: http://

www.boem.gov/Renewable-EnergyProgram/State-Activities/NorthCarolina.aspx. 

5. Cooperating Agencies 

BOEM invites Federal, state, and local 

government agencies, as well as tribal 

governments, to consider becoming 

cooperating agencies in the preparation 

of this EA. CEQ regulations 

implementing the procedural provisions 

of NEPA define cooperating agencies as 

those with ‘‘jurisdiction by law or 

special expertise’’ (40 CFR 1508.5). 

Potential cooperating agencies should 

consider their authority and capacity to 

assume the responsibilities of a 

cooperating agency and remember that 

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 


srobinson on DSK4SPTVN1PROD with 
74220 Federal Register / Vol. 77, No. 240 / Thursday, December 13, 2012 / Notices 

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 Cooperating 

Agency Status’’ in Attachment 1 to 

CEQ’s January 30, 2002, Memorandum 

for the Heads of Federal Agencies: 

Cooperating Agencies in Implementing 

the Procedural Requirements of the 

NEPA. These documents are available 

at: http://ceq.hss.doe.gov/nepa/regs/

cooperating/cooperatingagencies

memorandum.html. and: http://

ceq.hss.doe.gov/nepa/regs/cooperating/

cooperatingagencymemofactors.html. 

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. 

6. Comments 

Federal, state, local government 

agencies, tribal governments, and other 

interested parties are requested to send 

their written comments regarding 

environmental issues and the 

identification of reasonable alternatives 

related to the proposed action described 

in this Notice in one of the following 

ways: 

1. Electronically: http:// 

www.regulations.gov. In the entry titled 

‘‘Enter Keyword or ID,’’ enter BOEM– 

2012–0090, then click ‘‘search.’’ Follow 

the instructions to submit public 

comments and view supporting and 

related materials available for this 

document. 

2. In written form, delivered by hand 

or by mail, enclosed in an envelope 

labeled ‘‘Comments on North Carolina 

EA’’ to Program Manager, Office of 

Renewable Energy Programs, Bureau of 

Ocean Energy Management, 381 Elden 

Street, HM 1328, Herndon, Virginia 

20170–4817. 

Comments should be submitted no 

later than January 28, 2013. 

Dated: December 10, 2012. 

Tommy P. Beaudreau, 

Director, Bureau of Ocean Energy 

Management. 

[FR Doc. 2012–30091 Filed 12–12–12; 8:45 am] 

BILLING CODE 4310–MR–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–807] 

Certain Digital Photo Frames and 

Image Display Devices and 

Components Thereof; Commission 

Determination Not To Review an Initial 

Determination Extending the Target 

Date and Finding the Remaining 

Respondent Pandigital, Inc. in Default 

and in Violation of Section 337; and 

Request for Submissions 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined not to 

review an initial determination (‘‘ID’’) 

(Order No. 48) of the presiding 

administrative law judge (‘‘ALJ’’): (1) 

Extending the target date for completion 

of the above-captioned investigation by 

nine days to March 7, 2013; and (2) 

finding the remaining respondent 

Pandigital, Inc. (‘‘Pandigital’’) of Dublin, 

California in default and in violation of 

section 337. The Commission also is 

requesting written submissions 

including submissions on remedy, the 

public interest, and bonding. 

FOR FURTHER INFORMATION CONTACT: 

Clint Gerdine, Esq., Office of the 

General Counsel, U.S. International 

Trade Commission, 500 E Street SW., 

Washington, DC 20436, telephone (202) 

708–2310. Copies of non-confidential 

documents filed in connection with this 

investigation are or will be available for 

inspection during official business 

hours (8:45 a.m. to 5:15 p.m.) in the 

Office of the Secretary, U.S. 

International Trade Commission, 500 E 

Street SW., Washington, DC 20436, 

telephone (202) 205–2000. General 

information concerning the Commission 

may also be obtained by accessing its 

Internet server at http://www.usitc.gov. 

The public record for this investigation 

may be viewed on the Commission’s 

electronic docket (EDIS) at http:// 

edis.usitc.gov. Hearing-impaired 

persons are advised that information on 

this matter can be obtained by 

contacting the Commission’s TDD 

terminal on (202) 205–1810. 

SUPPLEMENTARY INFORMATION: The 

Commission instituted this investigation 

on September 27, 2011, based on a 

complaint filed by Technical Properties 

Limited, LLC (‘‘TPL’’) of Cupertino, 

California. 76 FR 59737–38. The 

complaint alleges a violation of section 

337 of the Tariff Act of 1930, as 

amended, 19 U.S.C. 1337, in the 

importation into the United States, the 

sale for importation, and the sale within 

the United States after importation of 

certain digital photo frames and image 

display devices and components thereof 

by reason of infringement of certain 

claims of U.S. Patent Nos. 6,976,623 

(‘‘the ’623 patent’’); 7,162,549; 

7,295,443; and 7,522,424. The 

complaint further alleges the existence 

of a domestic industry. The 

Commission’s notice of investigation 

named twenty respondents including 

Nextar Inc. of La Verne, California; 

WinAccord Ltd. of Taipei, Taiwan; and 

WinAccord U.S.A., Inc. of San Jose, 

California (collectively, ‘‘the WinAccord 

respondents’’); Aiptek International Inc. 

(‘‘Aiptek’’) of Hsinchu, Taiwan; and 

Pandigital. All other respondents have 

been terminated from the investigation 

by consent order stipulation or 

settlement agreement. The ’623 patent 

was terminated from the investigation 

with respect to Pandigital by consent 

order stipulation. The complaint and 

notice of investigation were served on 

all respondents including Aiptek and 

the WinAccord respondents on 

September 22, 2011. See Notice of 

Investigation, Certificate of Service 

(Sept. 22, 2011) (EDIS Document 

459720). No Commission investigative 

attorney is participating in the 

investigation. 

On December 6 and 22, 2011, 

respectively, the ALJ issued IDs finding 

the WinAccord respondents and Aiptek 

in default, pursuant to 19 CFR 210.13 

and 210.16, because these respondents 

did not respond to the complaint and 

notice of investigation, or to Order Nos. 

13 and/or 15 to show cause. On January 

3 and 9, 2012, respectively, the 

Commission determined not to review 

the IDs finding the WinAccord 

respondents and Aiptek in default. 

On March 8, 2012, complainant TPL 

filed a declaration requesting immediate 

relief against the defaulting respondent 

Aiptek under Commission rule 

210.16(c)(1), 19 CFR 210.16(c)(1), which 

it later withdrew. 

On October 9, 2012, the ALJ issued 

Order No. 47 to Pandigital show cause 

why it should not be found in default 

and in violation of section 337 pursuant 

to 19 CFR 210.17 because respondent 

did not file a pre-hearing statement and 

brief as required by the ALJ’s Procedural 

Schedule. As of November 7, 2012, 

Pandigital had not responded to Order 

No. 47 and the ALJ issued the subject ID 

finding Pandigital in default and in 

violation of section 337. The ID also 

extended the target date of the 

investigation by nine days from 

February 26, 2013 to March 7, 2013. The 

ID also contained the ALJ’s 


srobinson on DSK4SPTVN1PROD with