82 FR 45607 - Record of Decision for the Cape Wind Energy Project
DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management Federal Register Volume 82, Issue 188 (September 29, 2017)
Bureau of Ocean Energy Management
Federal Register Volume 82, Issue 188 (September 29, 2017)
| Page Range | 45607-45608 | |
| FR Document | 2017-20936 |
[Federal Register Volume 82, Number 188 (Friday, September 29, 2017)] [Notices] [Pages 45607-45608] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-20936] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Bureau of Ocean Energy Management [Docket No. BOEM-2017-0059; MMAA104000] Record of Decision for the Cape Wind Energy Project AGENCY: Bureau of Ocean Energy Management, Interior. ACTION: Notice of availability of a Record of Decision. ----------------------------------------------------------------------- SUMMARY: The Bureau of Ocean Energy Management (BOEM) is announcing the availability of a Record of Decision (ROD) for the Cape Wind Energy Project Final Supplemental Environmental Impact Statement (SEIS) in this Notice of Availability (NOA). The SEIS was prepared in response to a 2016 remand order from the U.S. Court of Appeals for the District of Columbia Circuit in Public Employees for Environmental Responsibility v. Hopper, 827 F.3d 1077 (D.C. Cir. 2016), in which the Court vacated the 2009 Cape Wind Energy Project Final Environmental Impact Statement (EIS) and ordered BOEM to supplement the EIS with adequate geological surveys before Cape Wind Associates LLC (Cape Wind) may begin construction. The SEIS presented two alternatives: The Proposed Action (affirming BOEM's issuance of the existing lease) and the No Action Alternative (requiring BOEM to rescind lease issuance). BOEM has decided to select the Proposed Action Alternative. ADDRESSES: The ROD and associated information are available on BOEM's Web site at https://www.boem.gov/Massachusetts-Cape-Wind/. FOR FURTHER INFORMATION CONTACT: For more information on the ROD, you may [[Page 45608]] contact Mr. James Bennett, Program Manager, Office of Renewable Energy Programs, by telephone at 703-787-1300 or by email at [email protected]. SUPPLEMENTARY INFORMATION: 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 (BOEM rescinding the lease). In its Final SEIS, BOEM examines the available geological survey data, including the geotechnical data and reports submitted to BOEM since the 2009 Final EIS, any other relevant data that relates to the adequacy of the seafloor to support wind turbines in the lease area, and considers public comments. On March 31, 2017, BOEM published the Draft SEIS, in response to the Court's 2016 remand order discussed above, and a NOA in the Federal Register to announce the availability of the Draft SEIS and initiate a 45-day public comment period (82 FR 16060). Comments received can be found at http://www.regulations.gov by searching for docket ID BOEM- 2017-0008. The Final SEIS addressed comments received by BOEM in response to the Draft SEIS during the 45-day comment period. On August 4, 2017 (82 FR 36418), BOEM published a NOA announcing the availability of the Final SEIS in the Federal Register. The Final SEIS can be found on BOEM's Web site at: https://www.boem.gov/Massachusetts-Cape-Wind/. Authority: This notice is published pursuant to the regulations (40 CFR part 1506.6(b)) implementing the provisions of the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.). Dated: September 26, 2017. Walter D. Cruickshank, Acting Director, Bureau of Ocean Energy Management. [FR Doc. 2017-20936 Filed 9-28-17; 8:45 am] BILLING CODE 4310-MR-P
![Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Notices 45607
FOR FURTHER INFORMATION CONTACT: The BLM seeks resource information process and, if eligible, may request or
Bradley Johnson, Planning & and data for public land values (e.g., air be requested by the BLM to participate
Environmental Coordinator, telephone: quality, cultural and historic resources, as a cooperating agency.
307–578–5928; address: 1002 Blackburn fire/fuels, fisheries, forestry, lands and Before including your address, phone
Street, Cody, Wyoming 82414; email: realty, non-energy minerals and geology, number, email address or other personal
bbjohnson@blm.gov. Persons who use a oil and gas, paleontology, rangeland identifying information in your
telecommunications device for the deaf management, recreation, soil, water, and comment, you should be aware that
(TDD) may call the Federal Relay wildlife) in the project area. As your entire comment—including your
Service (FRS) at 1–800–877–8339 to proposed, approximately 48 percent of personal identifying information—may
contact Mr. Johnson during normal the project area would take place on be made publicly available at any time.
business hours. The FRS is available 24 BLM-managed public lands. The While you may ask us in your comment
hours a day, 7 days a week, to leave a proposed dam and nearly the entirety of to withhold your personal identifying
message or question with the above the expanded reservoir would reside on information from public review, we
individual. You will receive a reply BLM lands. The proposed pipeline and cannot guarantee that we will be able to
during normal business hours. You may borrow areas both cross or take place do so.
call either of these numbers to have nearly in their entirety on private lands. Authority: 40 CFR 1501.7.
your name added to the project mailing The purpose of this request is to ensure
that the project analysis has sufficient Mary Jo Rugwell,
list.
information and data to consider a BLM Wyoming State Director.
SUPPLEMENTARY INFORMATION: This reasonable range of resource uses, [FR Doc. 2017–21140 Filed 9–28–17; 8:45 am]
Notice initiates the public scoping management options, and alternatives BILLING CODE 4310–22–P
process for the EIS. The BLM intends to for managing public lands.
prepare an EIS to support the decision Please submit information to the Cody
making for the proposed Project and Field Manager at the address above. The DEPARTMENT OF THE INTERIOR
conduct a public scoping period to seek BLM will treat proprietary information
input on the preliminary issues submissions marked as ‘‘Confidential’’ Bureau of Ocean Energy Management
identified regarding this proposal. The in accordance with the laws and [Docket No. BOEM–2017–0059;
Wyoming Water Development regulations governing the MMAA104000]
Commission proposes to enlarge the confidentiality of such information. To
water storage capacity of Leavitt provide the public with an opportunity Record of Decision for the Cape Wind
Reservoir to a total capacity of 6,604 to review the proposal and associated Energy Project
acre feet for the purposes of multiple information, as well as any proposed
plan amendments, the BLM will host AGENCY: Bureau of Ocean Energy
use that include late season irrigation, Management, Interior.
flood attenuation and recreation. A 1.5- meetings before October 30, 2017. The
BLM will notify the public of meetings ACTION: Notice of availability of a
mile sub-surface pipeline from Beaver
and any other opportunities for the Record of Decision.
Creek will divert water to the reservoir
inlet via a 42-inch diameter pipeline public to be involved in the process for SUMMARY: The Bureau of Ocean Energy
across private lands. A permanent sub- this proposal at least 15 days prior to Management (BOEM) is announcing the
surface transfer pipeline, approximately the event. Meeting dates, locations and availability of a Record of Decision
three miles long, is proposed times will be announced by a news (ROD) for the Cape Wind Energy Project
downstream in the Beaver Creek release to the media, individual Final Supplemental Environmental
drainage to efficiently convey reservoir emailings, and postings on the project Impact Statement (SEIS) in this Notice
release water to irrigation Web site. The purpose of the public
of Availability (NOA). The SEIS was
infrastructure.The proposal area is scoping process is to determine relevant
prepared in response to a 2016 remand
between the towns of Greybull and issues that will influence the scope of
order from the U.S. Court of Appeals for
Shell, Wyoming, in the Sixth Principal the environmental analysis, including
the District of Columbia Circuit in
Meridian, Wyoming, T. 54 N., R. 92 W., alternatives, and guide the process for
Public Employees for Environmental
sec. 13, NW1/4SW1/4 and SW1/4SW1/ developing the EIS.
The BLM will use and coordinate the Responsibility v. Hopper, 827 F.3d 1077
4; sec. 14, NE1/4SE1/4 and SE1/4SE1/4; (D.C. Cir. 2016), in which the Court
NEPA commenting process to help
sec. 23, NE1/4NE1/4 and SE1/4NE1/4; vacated the 2009 Cape Wind Energy
fulfill the public involvement process
sec. 24, lots 3 and 4, SW1/4NW1/4, SE1/ Project Final Environmental Impact
under Section 106 of the National
4NW1/4, NW1/4SW1/4, NE1/4SW1/4, Statement (EIS) and ordered BOEM to
Historic Preservation Act (NHPA) (54
and SW1/4SE1/4. U.S.C. 306108), as provided for in 36 supplement the EIS with adequate
Preliminary issues include: Potential CFR 800.2(d)(3). The information about geological surveys before Cape Wind
impacts to wetlands and cultural sites historic and cultural resources in the Associates LLC (Cape Wind) may begin
(properties), ground and surface waters, area potentially affected by the proposal construction. The SEIS presented two
mineral development, wildlife habitat, will assist the lead agency in identifying alternatives: The Proposed Action
and the county road right-of-way. The and evaluating impacts to such (affirming BOEM’s issuance of the
BLM will identify, analyze, and require resources in the context of both NEPA existing lease) and the No Action
Alternative (requiring BOEM to rescind
asabaliauskas on DSKBBXCHB2PROD with NOTICES
mitigation, as appropriate, to address and Section 106 of the NHPA. Native
the reasonably foreseeable impacts to American tribal consultations will be lease issuance). BOEM has decided to
resources from the approval of this conducted in accordance with policy, select the Proposed Action Alternative.
Project. Mitigation may include and tribal concerns will be given due ADDRESSES: The ROD and associated
avoidance, minimization, rectification, consideration. Federal, state and local information are available on BOEM’s
reduction or elimination over time, and agencies, along with other stakeholders Web site at https://www.boem.gov/
compensatory mitigation; and may be that may be interested or affected by the Massachusetts-Cape-Wind/.
considered at multiple scales, including BLM’s decisions on this proposal, are FOR FURTHER INFORMATION CONTACT: For
the landscape-scale. invited to participate in the scoping more information on the ROD, you may
VerDate Sep<11>2014 18:50 Sep 28, 2017 Jkt 241001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\29SEN1.SGM 29SEN1](https://thefederalregister.org/doc/82_FR_45795/page/1.svg)
![45608 Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Notices
contact Mr. James Bennett, Program Authority: This notice is published section 337 based upon the importation
Manager, Office of Renewable Energy pursuant to the regulations (40 CFR part into the United States, the sale for
Programs, by telephone at 703–787– 1506.6(b)) implementing the provisions of importation, and the sale within the
1300 or by email at james.bennett@ the National Environmental Policy Act of United States after importation of
1969, as amended (42 U.S.C. 4321 et seq.).
boem.gov. certain height-adjustable desk platforms
Dated: September 26, 2017. and components thereof by reason of
SUPPLEMENTARY INFORMATION: On July 5,
2016, the U.S. Court of Appeals for the Walter D. Cruickshank, infringement of U.S. Patent No.
District of Columbia Circuit vacated the Acting Director, Bureau of Ocean Energy 9,113,703; U.S. Patent No. 9,277,809;
2009 Cape Wind Energy Project Final Management. and U.S. Patent No. 9,554,644. The
EIS and ordered that BOEM: [FR Doc. 2017–20936 Filed 9–28–17; 8:45 am] complaint further alleges that an
‘‘supplement [the EIS] with adequate BILLING CODE 4310–MR–P industry in the United States exists as
geological surveys before Cape Wind required by section 337. The
may begin construction.’’ Public Commission’s notice of investigation
Employees for Environmental INTERNATIONAL TRADE named Lumi Legend Corporation of
Responsibility v. Hopper, 827 F.3d 1077, COMMISSION Ningbo, China; Innovative Office
1084 (D.C. Cir. 2016). The Court opined Products LLC of Easton, Pennsylvania;
[Investigation No. 337–TA–1054] Ergotech Group LLC of Easton,
that: ‘‘[w]ithout adequate geological
surveys, the [BOEM] cannot ‘ensure that Certain Height-Adjustable Desk Pennsylvania; Monoprice, Inc. of
the seafloor [will be] able to support’ Platforms and Components Thereof; Rancho Cucamonga, California; and
wind turbines.’’ Id. at 1083. While the Commission’s Determination Not To Transform Partners LLC (dba Mount-It!)
Court found that: ‘‘[BOEM] therefore Review an Initial Determination of San Diego, California (collectively
had violated NEPA (National Terminating the Investigation Based ‘‘the Lumi Legend respondents’’);
Environmental Policy Act)’’ the Court on Settlement; Termination of the Loctek Ergonomic Technology
noted that ‘‘. . . [it] does not necessarily Investigation Corporation (formerly, Ningbo Loctek
mean that the project must be halted or Visual Technology Corporation of
that Cape Wind must redo the AGENCY: U.S. International Trade Ningbo, China) of Ningbo, China;
regulatory approval process.’’ Id. at Commission. Zhejiang Loctek Smart Drive
1083–4. The Court explicitly left ACTION: Notice. Technology Co., Ltd. of Ningbo, China;
undisturbed BOEM’s 2010 decision to and Loctek Inc.’s (formerly, Zoxou, Inc.
issue the lease and BOEM’s 2011 SUMMARY: Notice is hereby given that of Fremont, California) of Fremont,
decision to approve the Construction the U.S. International Trade California (collectively herein, ‘‘Loctek
and Operations Plan (COP). Id. at 1084. Commission has determined not to respondents’’). The Office of Unfair
In light of the remand order and the review the presiding administrative law Import Investigations did not participate
remaining valid lease and COP, only judge’s (‘‘ALJ’’) initial determination in the investigation. The Lumi Legend
two alternatives remain relevant to the (‘‘ID’’) (Order No. 10) terminating the respondents were previously terminated
court’s remand: The Proposed Action investigation based on settlement. based on settlement. Order No. 5
(affirming BOEM’s issuance of the FOR FURTHER INFORMATION CONTACT: (unreviewed, Commission Notice (July
existing lease) and the No Action Amanda Pitcher Fisherow, Esq., Office 11, 2017)).
Alternative (BOEM rescinding the of the General Counsel, U.S. On August 29, 2017, complainant and
lease). In its Final SEIS, BOEM International Trade Commission, 500 E the Loctek respondents filed a joint
examines the available geological survey Street SW., Washington, DC 20436, motion to terminate the Locktek
data, including the geotechnical data telephone (202) 205–2737. Copies of respondents based on settlement. The
and reports submitted to BOEM since non-confidential documents filed in motion asserted that there are no other
the 2009 Final EIS, any other relevant connection with this investigation are or agreements between complainant and
data that relates to the adequacy of the will be available for inspection during the Loctek respondents. The parties
seafloor to support wind turbines in the official business hours (8:45 a.m. to 5:15 represented ‘‘there are no other
lease area, and considers public p.m.) in the Office of the Secretary, U.S. agreements, written or oral, express or
comments. International Trade Commission, 500 E implied, between these parties
On March 31, 2017, BOEM published Street SW., Washington, DC 20436, concerning the subject matter of the
the Draft SEIS, in response to the telephone (202) 205–2000. General Investigation.’’ Motion at 1.
Court’s 2016 remand order discussed information concerning the Commission On August 31, 2017, the ALJ issued
above, and a NOA in the Federal may also be obtained by accessing its an ID (Order No. 10) terminating the
Register to announce the availability of Internet server at https://www.usitc.gov. investigation based on settlement of the
the Draft SEIS and initiate a 45-day The public record for this investigation Loctek respondents. The ALJ found that
public comment period (82 FR 16060). may be viewed on the Commission’s all of the requirements of Commission
Comments received can be found at electronic docket (EDIS) at https:// rule 210.21, 19 CFR 210.21, had been
http://www.regulations.gov by searching edis.usitc.gov. Hearing-impaired met and that there were no public
for docket ID BOEM–2017–0008. The persons are advised that information on interest concerns that would weigh
Final SEIS addressed comments this matter can be obtained by against termination. No petitions for
contacting the Commission’s TDD review were filed.
asabaliauskas on DSKBBXCHB2PROD with NOTICES
received by BOEM in response to the
Draft SEIS during the 45-day comment terminal on (202) 205–1810. The Commission has determined not
period. On August 4, 2017 (82 FR SUPPLEMENTARY INFORMATION: The to review the subject ID and terminates
36418), BOEM published a NOA Commission instituted this investigation the investigation.
announcing the availability of the Final on May 4, 2017 based on a complaint, The authority for the Commission’s
SEIS in the Federal Register. The Final filed on behalf of Varidesk LLC of determination is contained in section
SEIS can be found on BOEM’s Web site Coppell, Texas (‘‘complainant’’). 82 FR 337 of the Tariff Act of 1930, as
at: https://www.boem.gov/ 20919–20 (May 4, 2017). The complaint amended (19 U.S.C. 1337), and in part
Massachusetts-Cape-Wind/. as supplemented alleges violations of 210 of the Commission’s Rules of
VerDate Sep<11>2014 18:50 Sep 28, 2017 Jkt 241001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\29SEN1.SGM 29SEN1](https://thefederalregister.org/doc/82_FR_45795/page/2.svg)
Document Created: 2017-09-29 03:27:18
Document Modified: 2017-09-29 03:27:18
| 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 availability of a Record of Decision. | |
| Contact | For more information on the ROD, you may contact Mr. James Bennett, Program Manager, Office of Renewable Energy Programs, by telephone at 703-787-1300 or by email at [email protected] | |
| FR Citation | 82 FR 45607 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR