82_FR_16121 82 FR 16060 - Draft Supplemental Environmental Impact Statement for the Cape Wind Energy Project MMAA104000

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)

Page Range16060-16060
FR Document2017-06103

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 Issue 61 (Friday, March 31, 2017) 
[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]


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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.

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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

16060 Federal Register / Vol. 82, No. 61 / Friday, March 31, 2017 / Notices application and plan of development Renewable Energy Programs, 45600 written comments on this Draft SEIS and management, and whether the BLM Woodland Road, Sterling, Virginia through the following methods: followed proper administrative 20166, (703) 787–1722 or 1. Federal eRulemaking Portal: http:// procedures in reaching the decision to michelle.morin@boem.gov. www.regulations.gov. In the field convey under the R&PP Act. SUPPLEMENTARY INFORMATION: entitled ‘‘Enter Keyword or ID,’’ enter The BLM New Mexico State Director BOEM–2017–0008, and then click will review any adverse comments and 1. Proposed Action and Alternative ‘‘search.’’ Follow the instructions to may sustain, vacate, or modify this On July 5, 2016, the U.S. Court of submit public comments and view realty action. In the absence of any Appeals for the District of Columbia supporting and related materials adverse comments, the classification of Circuit vacated the 2009 Cape Wind available for this notice; the land described in this notice will 2. In written form, delivered by hand Energy Project Final EIS and ordered become effective on May 30, 2017. The or by mail, enclosed in an envelope that BOEM: ‘‘supplement [the EIS] with land will not be available for labeled ‘‘Cape Wind Energy Project adequate geological surveys before Cape conveyance until after the classification Draft SEIS’’ and addressed to Program Wind may begin construction.’’ Public becomes effective. Manager, Office of Renewable Energy, Employees for Environmental Before including your address, phone Bureau of Ocean Energy Management, Responsibility v. Hopper, 827 F.3d 1077, number, email address, or other 45600 Woodland Road, Sterling, 1084 (D.C. Cir. 2016). The Court opined personal identifying information in your Virginia 20166. Comments must be that: ‘‘[w]ithout adequate geological comment, you should be aware that received or postmarked no later than surveys, the [BOEM] cannot ‘ensure that your entire comment—including your May 15, 2017. the seafloor [will be] able to support’ Public Comment Policy: Before personal identifying information—may wind turbines.’’ Id. at 1083. While the be made publicly available at any time. including your address, phone number, Court found that: ‘‘[BOEM] therefore email address, or other personal While you can ask us in your comment had violated NEPA (National to withhold your personal identifying identifying information in your Environmental Policy Act)’’ the Court comment, you should be aware that information from public review, we noted that ‘‘. . . [it] does not necessarily cannot guarantee that we will be able to your entire comment, including your mean that the project must be halted or personal identifying information, may do so. that Cape Wind must redo the be made publicly available at any time. (Authority: 43 CFR 2741.5) regulatory approval process.’’ Id. at While you can ask us in your comments Melanie Barnes, 1083–4. The Court explicitly left to withhold your personal identifying undisturbed BOEM’s 2010 decision to information from public review, we Acting Deputy State Director, Lands and Resources. issue the lease and BOEM’s 2011 cannot guarantee that we will be able to decision to approve the Construction do so. [FR Doc. 2017–06346 Filed 3–30–17; 8:45 am] and Operations Plan (COP). Id. at 1084. Authority: This Notice of Availability BILLING CODE 4310–FB–P In light of the remand order and the to prepare a Draft SEIS is in compliance remaining valid lease and COP, only with NEPA, as amended (42 U.S.C. 4231 DEPARTMENT OF THE INTERIOR two alternatives remain relevant to the et seq.), and is published pursuant to 40 court’s remand: The Proposed Action CFR 1506.6. Bureau of Ocean Energy Management (affirming BOEM’s issuance of the existing lease), and the No Action Dated: March 22, 2017. [Docket No. BOEM–2017–0008] Alternative (requiring BOEM to rescind Walter D. Cruickshank, lease issuance). In its Draft SEIS, BOEM Acting Director, Bureau of Ocean Energy Draft Supplemental Environmental Management. Impact Statement for the Cape Wind examines the available geological survey data, including the geotechnical data [FR Doc. 2017–06103 Filed 3–30–17; 8:45 am] Energy Project MMAA104000 and reports submitted to BOEM since BILLING CODE 4310–MR–P AGENCY: Bureau of Ocean Energy the 2009 Final EIS, and any other Management, Interior. relevant data that relates to the ACTION: Notice of availability of a Draft adequacy of the seafloor to support DEPARTMENT OF THE INTERIOR Supplemental Environmental Impact wind turbines in the lease area. Bureau of Ocean Energy Management Statement. 2. Public Comments [Docket No. BOEM–2017–0001] SUMMARY: The Bureau of Ocean Energy BOEM will not hold public hearings Management (BOEM) is announcing the during the public review period on the Notice of Availability for the Gulf of availability of a Draft Supplemental Draft SEIS (see 40 CFR 1506.6(c)). The Mexico Outer Continental Shelf Lease Environmental Impact Statement (Draft Draft SEIS is available for review on the Sale Draft Supplemental SEIS) for the Cape Wind Energy Project. BOEM Web site at: https:// Environmental Impact Statement 2018 This supplement to the 2009 Final EIS www.boem.gov/Renewable-Energy- MMAA10400 has been prepared in response to a 2016 Program/Studies/Cape-Wind.aspx. To AGENCY: Bureau of Ocean Energy remand order of the U.S. Court of obtain a single printed copy of the Draft Management, Interior. Appeals for the District of Columbia in SEIS, you may contact the Office of ACTION: Notice of availability. Public Employees for Environmental Renewable Energy Programs, 45600 Responsibility v. Hopper, 827 F.3d 1077 Woodland Rd, Sterling, VA 20166. The SUMMARY: The Bureau of Ocean Energy sradovich on DSK3GMQ082PROD with NOTICES (D.C. Cir. 2016). This notice serves to list of Massachusetts libraries provided Management (BOEM) is announcing the announce the beginning of the public a copy of the Draft SEIS can be found availability of the Gulf of Mexico Outer comment period on the Draft SEIS. at: https://www.boem.gov/Renewable- Continental Shelf Lease Sale Draft DATES: Comments must be submitted or Energy-Program/Studies/Cape- Supplemental Environmental Impact postmarked no later than May 15, 2017. Wind.aspx. Federal, state, tribal, and Statement 2018 (2018 Draft FOR FURTHER INFORMATION CONTACT: local governments and/or agencies and Supplemental EIS). The 2018 Draft Michelle Morin, BOEM Office of other interested parties may submit Supplemental EIS provides an analysis VerDate Sep<11>2014 16:31 Mar 30, 2017 Jkt 241001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1


Document Created: 2017-03-31 01:38:01
Document Modified: 2017-03-31 01:38:01
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of availability of a Draft Supplemental Environmental Impact Statement.
DatesComments must be submitted or postmarked no later than May 15, 2017.
ContactMichelle Morin, BOEM Office of Renewable Energy Programs, 45600 Woodland Road, Sterling, Virginia 20166, (703) 787-1722 or [email protected]
FR Citation82 FR 16060 
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