82 FR 12636 - Supplemental Environmental Impact Statement for the Cape Wind Energy Project MMAA104000
DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management Federal Register Volume 82, Issue 42 (March 6, 2017)
Bureau of Ocean Energy Management
Federal Register Volume 82, Issue 42 (March 6, 2017)
| Page Range | 12636-12637 | |
| FR Document | 2017-04247 |
[Federal Register Volume 82, Number 42 (Monday, March 6, 2017)] [Notices] [Pages 12636-12637] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-04247] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Bureau of Ocean Energy Management [Docket No. BOEM-2017-0006] Supplemental Environmental Impact Statement for the Cape Wind Energy Project MMAA104000 AGENCY: Bureau of Ocean Energy Management, Interior. ACTION: Notice of Intent to prepare a Supplemental Environmental Impact Statement. ----------------------------------------------------------------------- SUMMARY: The Bureau of Ocean Energy Management (BOEM) is giving notice of its intent to prepare a Supplemental Environmental Impact Statement (EIS) for the Cape Wind Energy Project on Horseshoe Shoal in Nantucket Sound off the coast of Massachusetts. This supplement to the 2009 Final EIS will provide new analysis in response to a 2016 remand order of the U.S. Court of Appeals for the District of Columbia Circuit in Public Employees for Environmental Responsibility v. Hopper, No. 14-5301 (D.C. Cir.). FOR FURTHER INFORMATION CONTACT: Michelle Morin, BOEM Office of Renewable Energy Programs, 45600 Woodland Road, VAM-OREP, Sterling, Virginia 20166, (703) 787-1722, or [email protected]. SUPPLEMENTARY INFORMATION: 1. Proposed Action and Alternative On July 5, 2016, the U.S. Court of Appeals for the District of Columbia Circuit vacated the 2009 Cape Wind Energy Project Final EIS and ordered that BOEM ``supplement [the EIS] with adequate geological surveys before Cape Wind may begin construction.'' Public Employees for Environmental Responsibility v. Hopper, 827 F.3d 1077, 1084 (D.C. Cir. 2016). The Court opined that ``[w]ithout adequate geological surveys, the [BOEM] cannot ``ensure that the seafloor [will be] able to support wind turbines.'' Id. at 1083. While the Court found that ``[BOEM] therefore had violated NEPA,'' the Court noted, however, that ``[it] does not necessarily mean that the project must be halted or that Cape Wind must redo the regulatory approval process.'' Id. at 1083-4. The Court explicitly left undisturbed BOEM's 2010 decision to issue the lease and BOEM's 2011 decision to approve the Construction and Operations Plan (COP). Id. at 1084. Therefore, the only alternatives considered in the 2009 Final EIS that are still applicable and that will be analyzed in detail in the Supplemental EIS are: (1) Rescinding the decision to issue the lease to Cape Wind Associates, [[Page 12637]] LLC (equivalent to the No Action Alternative in the 2009 Final EIS); and (2) leaving undisturbed the decision to issue the lease (equivalent to the Proposed Action in the 2009 Final EIS). The Supplemental EIS will consider and analyze any new information that is within the scope of the Court's order. BOEM will examine the available geological survey data, including the geotechnical data and reports submitted to BOEM since the 2009 Final EIS, and any other relevant data that relates to the adequacy of the seafloor to support wind turbines in the lease area. 2. Scoping In accordance with 40 CFR 1502.9(c)(4), BOEM will not conduct additional scoping for this Supplemental EIS. The remand by the U.S. Court of Appeals for the District of Columbia established the scope for this Supplemental EIS. The Draft Supplemental EIS will be announced for public review and comment: (1) In the Federal Register by BOEM and the Environmental Protection Agency and (2) on the BOEM Web site at: https://www.boem.gov/Renewable-Energy-Program/Studies/Cape-Wind.aspx. 3. Cooperating Agencies BOEM invites other Federal, State, Tribal, and local governments to consider becoming cooperating agencies in the preparation of this supplemental EIS. We invite qualified government entities to inquire about cooperating agency status. You may contact the Office of Renewable Energy Programs at the address shown in the FOR FURTHER INFORMATION CONTACT section of this Notice. Authority: This Notice of Intent to prepare a Supplemental EIS is in compliance with NEPA, as amended (42 U.S.C. 4231 et seq.), and is published pursuant to 40 CFR 1508.22. Dated: February 28, 2017. Walter D. Cruickshank, Acting Director, Bureau of Ocean Energy Management. [FR Doc. 2017-04247 Filed 3-3-17; 8:45 am] BILLING CODE 4310-MR-P
![12636 Federal Register / Vol. 82, No. 42 / Monday, March 6, 2017 / Notices
to withhold your personal identifying Collin County DEPARTMENT OF THE INTERIOR
information from public review, we Farmersville Commercial Historic District,
cannot guarantee that we will be able to Along Main & McKinney Sts., Farmersville, Bureau of Ocean Energy Management
do so. SG100000670 [Docket No. BOEM–2017–0006]
Nominations submitted by State
Historic Preservation Officers: Dallas County
Supplemental Environmental Impact
Grand Lodge of the Colored Knights of Statement for the Cape Wind Energy
COLORADO
Pythias, Texas, 2551 Elm St., Dallas, Project MMAA104000
Denver County SG100000671
Ross—Broadway Branch, Denver Public Travis College Hill Historic District, 300–400 AGENCY: Bureau of Ocean Energy
Library, 33 E. Bayaud Ave., Denver, blks. S. 11th St., Garland, SG100000672 Management, Interior.
SG100000655 ACTION: Notice of Intent to prepare a
Gonzales County
DELAWARE Supplemental Environmental Impact
First Shot Monuments Historic District, TX Statement.
New Castle County Spur Rd. 95 from TX 97 to Stevens Creek,
House at 901 Mt. Lebanon Rd., 901 Mt. Cost vicinity, SG100000673 SUMMARY: The Bureau of Ocean Energy
Lebanon Rd., Rockland vicinity, Management (BOEM) is giving notice of
SG100000656 Tarrant County its intent to prepare a Supplemental
NEW YORK
Jennings—Vickery Historic District, Roughly Environmental Impact Statement (EIS)
bounded by W. Vickery Blvd., St. Louis & for the Cape Wind Energy Project on
Erie County W. Daggett Aves., Hemphill St. & Jennings Horseshoe Shoal in Nantucket Sound off
Mentholatum Company Building, The, 1360 Ave. underpass, Fort Worth, SG100000674 the coast of Massachusetts. This
Niagara St., Buffalo, SG100000657 supplement to the 2009 Final EIS will
St. Rose of Lima Roman Catholic Church Williamson County
provide new analysis in response to a
Complex, 500 Parker Ave., Buffalo, Dickey, Dr. James L., House, 500 Burkett Rd., 2016 remand order of the U.S. Court of
SG100000658 Taylor, SG100000675
St. Thomas Aquinas Roman Catholic Church
Appeals for the District of Columbia
Complex, 432 Abbott Rd., Buffalo, VIRGINIA Circuit in Public Employees for
SG100000659 Environmental Responsibility v.
Franklin County Hopper, No. 14–5301 (D.C. Cir.).
Kings County
Snow Creek Anglican Church, 436 Old FOR FURTHER INFORMATION CONTACT:
Offerman Building, 503 Fulton St., Brooklyn, Chapel Rd., Penhook vicinity, Michelle Morin, BOEM Office of
SG100000661 SG100000676 Renewable Energy Programs, 45600
Richmond County
Lynchburg Independent city Woodland Road, VAM–OREP, Sterling,
Silver Lake Cemetery, 926 Victory Blvd., Virginia 20166, (703) 787–1722, or
Staten Island, SG100000660 Lynchburg Hosiery Mill No. 1, 2734 Fort michelle.morin@boem.gov.
Ave., Lynchburg (Independent city),
OHIO SUPPLEMENTARY INFORMATION:
SG100000677
Ashland County 1. Proposed Action and Alternative
Richmond Independent city
Kelley, William, Hardware Store—Hayesville Rockfalls, 7441 Rockfalls Dr., Richmond
On July 5, 2016, the U.S. Court of
Odd Fellows Hall, 7 E. Main St.,
(Independent city), SG100000678
Appeals for the District of Columbia
Hayesville, SG100000662 Circuit vacated the 2009 Cape Wind
Cuyahoga County Shenandoah County Energy Project Final EIS and ordered
Tinnerman Steel Range Company, 2048 Bowman, Jacob, House, 2470 Polk Rd., that BOEM ‘‘supplement [the EIS] with
Fulton Rd., Cleveland, SG100000663 Edinburg vicinity, SG100000679 adequate geological surveys before Cape
Wind may begin construction.’’ Public
Franklin County WISCONSIN Employees for Environmental
Budd Dairy Company, 1086 N. 4th St., Sheboygan County Responsibility v. Hopper, 827 F.3d 1077,
Columbus, SG100000664 1084 (D.C. Cir. 2016). The Court opined
Edna, The, 877–881 E. Long St., Columbus, Washington Elementary School, 1238 Geele
Ave., Sheboygan, SG100000680 that ‘‘[w]ithout adequate geological
SG100000665
surveys, the [BOEM] cannot ‘‘ensure
Hamilton County A request for removal has been made that the seafloor [will be] able to support
Lowrie, S. Gale and Agnes P., House, 20 for the following resource(s): wind turbines.’’ Id. at 1083. While the
Rawson Woods Cir., Cincinnati, Court found that ‘‘[BOEM] therefore had
SG100000666 VIRGINIA violated NEPA,’’ the Court noted,
PUERTO RICO Pittsylvania County however, that ‘‘[it] does not necessarily
Woodlawn, 5321 Henrys Mill Rd., Vernon
mean that the project must be halted or
Maricao Municipality that Cape Wind must redo the
Hill vicinity, OT05000478
Vivero de Peces de Maricao, (New Deal Era regulatory approval process.’’ Id. at
Constructions in the Forest Reserves in Authority: 60.13 of 36 CFR part 60. 1083–4. The Court explicitly left
Puerto Rico), PR 401, km. 1.7, Maricao undisturbed BOEM’s 2010 decision to
Dated: January 7, 2017.
Afuera Ward, Maricao vicinity,
issue the lease and BOEM’s 2011
asabaliauskas on DSK3SPTVN1PROD with NOTICES
MP100000667 J. Paul Loether,
decision to approve the Construction
TEXAS Chief, National Register of Historic Places/
National Historic Landmarks Program.
and Operations Plan (COP). Id. at 1084.
Bexar County Therefore, the only alternatives
[FR Doc. 2017–04239 Filed 3–3–17; 8:45 am]
Reinbolt Hall at St. Mary’s University, 1
considered in the 2009 Final EIS that
BILLING CODE 4310–70–P are still applicable and that will be
Camino Santa Maria, San Antonio,
SG100000668 analyzed in detail in the Supplemental
Wedgwood, The, 6701 Blanco Rd., Castle EIS are: (1) Rescinding the decision to
Hills, SG100000669 issue the lease to Cape Wind Associates,
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![Federal Register / Vol. 82, No. 42 / Monday, March 6, 2017 / Notices 12637
LLC (equivalent to the No Action INTERNATIONAL TRADE Berhad of Penang, Malaysia; Intel China,
Alternative in the 2009 Final EIS); and COMMISSION Ltd. of Beijing, China; Dell, Inc. of
(2) leaving undisturbed the decision to Round Rock, TX; Dell Technologies Inc.
[Investigation No. 337–TA–1024]
issue the lease (equivalent to the of Round Rock, TX; HP Inc. of Palo Alto,
Proposed Action in the 2009 Final EIS). Certain Integrated Circuits With CA; and Hewlett Packard Enterprise Co.
Voltage Regulators and Products of Palo Alto, CA (collectively,
The Supplemental EIS will consider
Containing Same; Commission ‘‘respondents’’). Id. The Office of Unfair
and analyze any new information that is
Determination Not To Review an Initial Import Investigations (‘‘OUII’’) is
within the scope of the Court’s order. participating in this investigation. Id.
BOEM will examine the available Determination Amending the
Complaint and Notice of Investigation On February 9, 2017, the
geological survey data, including the administrative law judge issued Order
geotechnical data and reports submitted AGENCY: U.S. International Trade No. 14, the subject ID, which granted an
to BOEM since the 2009 Final EIS, and Commission. unopposed motion filed by R2 to amend
any other relevant data that relates to ACTION: Notice. the complaint and the Commission’s
the adequacy of the seafloor to support Notice of Investigation to include
wind turbines in the lease area. SUMMARY: Notice is hereby given that allegations of a section 337 violation as
the U.S. International Trade to claims 5, 6, 18, 19, 27, and 30 of the
2. Scoping Commission (‘‘the Commission’’) has ‘250 patent. No petitions for review of
In accordance with 40 CFR determined not to review an initial the subject ID were filed. The
1502.9(c)(4), BOEM will not conduct determination (‘‘ID’’) amending the Commission has determined not to
additional scoping for this complaint and notice of investigation. review the subject ID.
Supplemental EIS. The remand by the FOR FURTHER INFORMATION CONTACT: Ron The authority for the Commission’s
U.S. Court of Appeals for the District of Traud, Office of the General Counsel, determination is contained in section
Columbia established the scope for this U.S. International Trade Commission, 337 of the Tariff Act of 1930, as
Supplemental EIS. The Draft 500 E Street SW., Washington, DC amended (19 U.S.C. 1337), and in part
Supplemental EIS will be announced for 20436, telephone 202–205–3427. Copies 210 of the Commission’s Rules of
of non-confidential documents filed in Practice and Procedure (19 CFR part
public review and comment: (1) In the
connection with this investigation are or 210).
Federal Register by BOEM and the
will be available for inspection during By order of the Commission.
Environmental Protection Agency and
official business hours (8:45 a.m. to 5:15 Issued: March 1, 2017.
(2) on the BOEM Web site at: https:// p.m.) in the Office of the Secretary, U.S.
www.boem.gov/Renewable-Energy- Lisa R. Barton,
International Trade Commission, 500 E
Program/Studies/Cape-Wind.aspx. Street SW., Washington, DC 20436, Secretary to the Commission.
telephone 202–205–2000. General [FR Doc. 2017–04310 Filed 3–3–17; 8:45 am]
3. Cooperating Agencies
information concerning the Commission BILLING CODE 7020–02–P
BOEM invites other Federal, State, may also be obtained by accessing its
Tribal, and local governments to Internet server at https://www.usitc.gov.
consider becoming cooperating agencies The public record for this investigation DEPARTMENT OF JUSTICE
in the preparation of this supplemental may be viewed on the Commission’s
EIS. We invite qualified government electronic docket (‘‘EDIS’’) at https:// Antitrust Division
entities to inquire about cooperating edis.usitc.gov. Hearing-impaired
persons are advised that information on Notice Pursuant to the National
agency status. You may contact the Cooperative Research and Production
Office of Renewable Energy Programs at this matter can be obtained by
contacting the Commission’s TDD Act of 1993—National Spectrum
the address shown in the FOR FURTHER Consortium
INFORMATION CONTACT section of this terminal, telephone 202–205–1810.
Notice. SUPPLEMENTARY INFORMATION: On Notice is hereby given that, on
October 12, 2016, the Commission February 3, 2017, pursuant to Section
Authority: This Notice of Intent to prepare
instituted this investigation based on a 6(a) of the National Cooperative
a Supplemental EIS is in compliance with
complaint filed by R2 Semiconductor, Research and Production Act of 1993,
NEPA, as amended (42 U.S.C. 4231 et seq.),
Inc. of Sunnyvale, CA (‘‘R2’’). 81 FR 15 U.S.C. 4301 et seq. (‘‘the Act’’),
and is published pursuant to 40 CFR 1508.22.
71764 (Oct. 18, 2016). The complaint National Spectrum Consortium (‘‘NSC’’)
Dated: February 28, 2017. alleges violations of section 337 based has filed written notifications
Walter D. Cruickshank, upon the importation into the United simultaneously with the Attorney
Acting Director, Bureau of Ocean Energy States, the sale for importation, or the General and the Federal Trade
Management. sale within the United States after Commission disclosing changes in its
[FR Doc. 2017–04247 Filed 3–3–17; 8:45 am] importation of certain integrated circuits membership. The notifications were
BILLING CODE 4310–MR–P
with voltage regulators and products filed for the purpose of extending the
containing the same by reason of Act’s provisions limiting the recovery of
infringement of one or more of claims antitrust plaintiffs to actual damages
1–4, 7–17, 20–26, 28, 29, and 31 of U.S. under specified circumstances.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
patent No. 8,233,250 (‘‘the ’250 patent’’). Specifically, U.S. Ignite, Inc.,
Id. The Commission’s Notice of Washington, DC; MIT Lincoln
Investigation named as respondents Laboratory, Lexington, MA; Innovation
Intel Corporation of Santa Clara, CA; Financial Roundtable, Washington, DC;
Intel Ireland Ltd. of Leixlip, Ireland; Signautics Engineering Services, LLC,
Intel Products Vietnam Co., Ltd. of Ho Dunedin, FL; EMC Corporation,
Chi Minh City, Vietnam; Intel Israel 74, McLean, VA; G5 Scientific, LLC,
Ltd. of Haifa, Israel; Intel Malaysia Sdn. Burlington, MA; North Carolina State
VerDate Sep<11>2014 19:24 Mar 03, 2017 Jkt 241001 PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 E:\FR\FM\06MRN1.SGM 06MRN1](https://thefederalregister.org/doc/82_FR_12678/page/2.svg)
Document Created: 2017-03-04 00:06:55
Document Modified: 2017-03-04 00:06:55
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of Intent to prepare a Supplemental Environmental Impact Statement. | |
| Contact | Michelle Morin, BOEM Office of Renewable Energy Programs, 45600 Woodland Road, VAM-OREP, Sterling, Virginia 20166, (703) 787-1722, or [email protected] | |
| FR Citation | 82 FR 12636 |
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