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[Federal Register Volume 79, Number 102 (Wednesday, May 28, 2014)]
[Notices]
[Pages 30643-30645]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12067]

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DEPARTMENT OF THE INTERIOR

Bureau of Ocean Energy Management

[Docket No. BOEM-2014-0003; MMAA104000]

Potential Commercial Wind Lease Issuance and Site Assessment 
Activities on the Atlantic Outer Continental Shelf (OCS) Offshore New 
York

AGENCY: Bureau of Ocean Energy Management (BOEM), Interior.

ACTION: Notice of Intent to Prepare an Environmental Assessment.

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[[Page 30644]]

SUMMARY: This Notice of Intent to Prepare an Environmental Assessment 
(Notice) is being published as an initial step to involve Federal 
agencies, states, tribes, local governments, and the public in an early 
and transparent process to prepare an Environmental Assessment (EA) in 
accordance with the requirements of the National Environmental Policy 
Act (NEPA), 42 U.S.C. 4321 et seq., and the Council on Environmental 
Quality (CEQ) regulations implementing NEPA, 40 CFR parts 1500-1508. 
This process includes determining the scope of issues and identifying 
potentially significant issues related to a proposed project on the OCS 
offshore New York. This public and expert input will help inform BOEM 
decision-making with regard to issuing leases and approving site 
assessment activities.
    In consultation with other Federal agencies and BOEM's New York 
Intergovernmental Renewable Energy Task Force, BOEM has identified an 
area for consideration for potential future wind energy leasing 
offshore New York (Call Area). The Call Area is identified in 
Commercial Leasing for Wind Power on the Outer Continental Shelf 
Offshore New York--Call for Information and Nominations (Call), which 
is being published concurrently with this Notice. The leasing process 
provides several opportunities for public involvement before leasing 
can occur, including the publication of a Call and proposed sale 
notice. A commercial lease gives the lessee the exclusive right, 
subsequently, to 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 to consider the environmental 
consequences associated with issuing commercial wind leases, associated 
site characterization activities (i.e., biological, archeological, 
geological and geophysical surveys and core samples), and approving 
site assessment activities on those leases within the Call Area. If a 
lessee proposes commercial wind development activity, the specific 
proposal will be subject to an environmental review at that time. At a 
minimum, the EA will consider the alternatives of (1) no action (i.e., 
no issuance of a lease) and (2) the issuance of a lease, associated 
site characterization activities and approval of certain site 
assessment activities within the lease area, such as installation of a 
fixed meteorological tower and/or deployment of a meteorological buoy. 
With this notice, BOEM requests comments and input from Federal, state, 
and local government agencies; tribal governments; and other interested 
parties on environmental issues and alternatives that may be 
appropriate for consideration in the EA. BOEM also requests information 
pertaining to measures (e.g., limitations on activities based on 
technology, siting, or timing) that would minimize the impacts to 
environmental resources and socioeconomic conditions that could result 
from the proposed activity. Additionally, as part of its compliance 
with Section 106 of the National Historic Preservation Act (16 U.S.C. 
470f), and its implementing regulations (36 CFR part 800), BOEM is 
seeking public comment and input regarding the identification of 
historic properties or potential effects to historic properties from 
leasing and site assessment activities in the proposed lease area.

    Authority: This Notice 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 Leasing and Development Process

    There are four key phases in BOEM's wind energy authorization on 
the OCS: (1) Planning; (2) lease issuance; (3) approval of a site 
assessment plan (SAP); and (4) approval of a construction and 
operations plan (COP). During the planning phase, BOEM engages our 
inter-governmental partners and other relevant parties to delineate an 
area on the OCS that would be appropriate for commercial wind 
activities. BOEM is currently working through this stage for the area 
offshore New York with BOEM's New York Intergovernmental Renewable 
Energy Task Force. This phase typically ends with the completion of the 
environmental reviews necessary to support lease issuance. The second 
phase, issuance of a commercial wind lease, gives the lessee an 
exclusive right to apply for the required approval of a SAP. The third 
phase is the applicant's actual 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 to perform site assessment 
functions, such as a meteorological tower or buoys. See 30 CFR 585.600-
585.601; 585.605-585.618. The submission of a SAP is separate from the 
submission of a COP. After the lessee has collected the site 
characterization and assessment data necessary, the lessee may submit 
its COP to BOEM for subsequent review and may proceed with construction 
and operation of a renewable energy facility on the lease if BOEM 
approves the COP (see 30 CFR 585.620-585.629) and after BOEM's review 
of a lessee's Facility Design Report and Fabrication and Installation 
Report (see 30 CFR 585.700-585.702)

2. Proposed Action and Scope of Analysis

    The proposed action that will be the subject of the EA is the 
issuance of one or more renewable energy leases within the Call Area 
described in this Notice and the approval of site assessment activities 
on those leases in support of COP information requirements. (See 30 CFR 
585.610 and 585.626.) Based on the information submitted in response to 
this Notice and the Call, BOEM plans to identify any portions of the 
Call Area that should be excluded from consideration for commercial 
wind leasing at this time. The remaining area identified will 
constitute a Wind Energy Area (WEA) and will be subject to 
environmental analysis in consultation with appropriate Federal 
agencies, states, local governments, tribes and other interested 
parties.
    Additional NEPA analyses will be required before any future 
decisions on construction or operation of wind energy facilities on 
leases that may be issued within the Call Area. If and when a lessee is 
ready to begin this final phase of renewable energy development, it 
must submit a COP to proceed. No COP has been submitted to BOEM for a 
project within the Call Area at this time. If a COP is submitted for a 
particular project on a lease, appropriate site- and project-specific 
NEPA analysis will be prepared.
    If BOEM determines during the EA process that issuing leases, 
authorizing site assessment activities, or associated site 
characterization activities within the Call Area would constitute a 
major Federal action significantly affecting the human environment, 
BOEM will publish a Notice of Intent to prepare an Environmental Impact 
Statement (EIS). If BOEM determines during the EA process that issuing 
leases, authorizing site assessment activities, or associated site 
characterization activities within the Call Area would not be a major 
impact significantly affecting the human

[[Page 30645]]

environment, 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 
the Call Area. 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 will be required before the SAP 
is approved. If the EA requires supplementation, 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). BOEM has prepared several EAs for areas in the North 
Atlantic and Mid-Atlantic OCS that evaluated activities similar to 
those to be addressed in the EA for which this Notice is being 
published (http://www.boem.gov/Renewable-Energy-Program/Smart-from-the-Start/Index.aspx). Additionally, BOEM has published a Final 
Programmatic EIS for proposed geological and geophysical activities in 
the Mid-Atlantic and South Atlantic OCS Planning Areas (OCS EIS/EA BOEM 
2014-001).
    BOEM will incorporate the environmental and socioeconomic analyses 
of site characterization and assessment activities from previous NEPA 
documents and other public information to help inform its analysis in 
the EA.

4. Description of the Call Area

    A detailed description of the Call Area 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://boem.gov/Renewable-Energy-Program/State-Activities/New York.aspx.
    A large-scale map of the Call Area showing its boundaries and with 
numbered blocks is available from BOEM at the following address: Bureau 
of Ocean Energy Management, Office of Renewable Energy Programs, 381 
Elden Street, HM 1328, Herndon, Virginia 20170-4817, Phone: (703) 787-
1320.

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. 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 decisionmaking authority of any other agency 
involved in the NEPA process.
    Upon request, BOEM will provide potential cooperating agencies with 
a 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. A copy of this document is 
available at: http://ceg.hss.doe.gov/nepa/regs/cooperating/cooperatingagenciesmemorandum.html and at: http://ceg.hss.doe.gov/nepa/regs/cooperating/cooperatingagencymemofactors.html.
    BOEM, as the lead agency, will not provide financial assistance to 
cooperating agencies. If an agency is not a cooperating agency, it may 
provide information to BOEM during the public comment period for the 
EA.

6. Comments

    Federal, state, local government agencies; tribal governments; and 
other interested parties are requested to send their written comments 
regarding environmental issues and potential alternatives to the 
proposed action described in this Notice in one of the following ways:
    1. Electronically: http://www.regulations.gov. In the entry 
entitled ``Enter Keyword or ID,'' enter BOEM-2014-0003, 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 New York 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 July 14, 2014.

    Dated: April 21, 2014.
Tommy P. Beaudreau,
Director, Bureau of Ocean Energy Management.
[FR Doc. 2014-12067 Filed 5-27-14; 8:45 am]
BILLING CODE 4310-MR-P
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