82 FR 16060 - Draft 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 61 (March 31, 2017)

The Bureau of Ocean Energy Management (BOEM) is announcing the availability of a Draft Supplemental Environmental Impact Statement (Draft SEIS) for the Cape Wind Energy Project. This supplement to the 2009 Final EIS has been prepared in response to a 2016 remand order of the U.S. Court of Appeals for the District of Columbia in Public Employees for Environmental Responsibility v. Hopper, 827 F.3d 1077 (D.C. Cir. 2016). This notice serves to announce the beginning of the public comment period on the Draft SEIS.

[Federal Register Volume 82, Number 61 (Friday, March 31, 2017)]
[Notices]
[Page 16060]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-06103]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Ocean Energy Management

[Docket No. BOEM-2017-0008]


Draft Supplemental Environmental Impact Statement for the Cape 
Wind Energy Project MMAA104000

AGENCY: Bureau of Ocean Energy Management, Interior.

ACTION: Notice of availability of a Draft Supplemental Environmental 
Impact Statement.

-----------------------------------------------------------------------

SUMMARY: The Bureau of Ocean Energy Management (BOEM) is announcing the 
availability of a Draft Supplemental Environmental Impact Statement 
(Draft SEIS) for the Cape Wind Energy Project. This supplement to the 
2009 Final EIS has been prepared in response to a 2016 remand order of 
the U.S. Court of Appeals for the District of Columbia in Public 
Employees for Environmental Responsibility v. Hopper, 827 F.3d 1077 
(D.C. Cir. 2016). This notice serves to announce the beginning of the 
public comment period on the Draft SEIS.

DATES: Comments must be submitted or postmarked no later than May 15, 
2017.

FOR FURTHER INFORMATION CONTACT: Michelle Morin, BOEM Office of 
Renewable Energy Programs, 45600 Woodland Road, 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 (National Environmental Policy Act)'' the 
Court noted 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. In light of the remand order and the remaining valid lease and 
COP, only two alternatives remain relevant to the court's remand: The 
Proposed Action (affirming BOEM's issuance of the existing lease), and 
the No Action Alternative (requiring BOEM to rescind lease issuance). 
In its Draft SEIS, BOEM examines 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. Public Comments

    BOEM will not hold public hearings during the public review period 
on the Draft SEIS (see 40 CFR 1506.6(c)). The Draft SEIS is available 
for review on the BOEM Web site at: https://www.boem.gov/Renewable-Energy-Program/Studies/Cape-Wind.aspx. To obtain a single printed copy 
of the Draft SEIS, you may contact the Office of Renewable Energy 
Programs, 45600 Woodland Rd, Sterling, VA 20166. The list of 
Massachusetts libraries provided a copy of the Draft SEIS can be found 
at: https://www.boem.gov/Renewable-Energy-Program/Studies/Cape-Wind.aspx. Federal, state, tribal, and local governments and/or 
agencies and other interested parties may submit written comments on 
this Draft SEIS through the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. In the 
field entitled ``Enter Keyword or ID,'' enter BOEM-2017-0008, and then 
click ``search.'' Follow the instructions to submit public comments and 
view supporting and related materials available for this notice;
    2. In written form, delivered by hand or by mail, enclosed in an 
envelope labeled ``Cape Wind Energy Project Draft SEIS'' and addressed 
to Program Manager, Office of Renewable Energy, Bureau of Ocean Energy 
Management, 45600 Woodland Road, Sterling, Virginia 20166. Comments 
must be received or postmarked no later than May 15, 2017.
    Public Comment Policy: Before including your address, phone number, 
email address, or other personal identifying information in your 
comment, you should be aware that your entire comment, including your 
personal identifying information, may be made publicly available at any 
time. While you can ask us in your comments to withhold your personal 
identifying information from public review, we cannot guarantee that we 
will be able to do so.
    Authority: This Notice of Availability to prepare a Draft SEIS is 
in compliance with NEPA, as amended (42 U.S.C. 4231 et seq.), and is 
published pursuant to 40 CFR 1506.6.

    Dated: March 22, 2017.
Walter D. Cruickshank,
Acting Director, Bureau of Ocean Energy Management.
[FR Doc. 2017-06103 Filed 3-30-17; 8:45 am]
 BILLING CODE 4310-MR-P