83 FR 34868 - Public Input Requested on Potential Impacts to Historic Priorities: Sand Resource Assessment and Borrow Area Identification, Atlantic and Gulf of Mexico Outer Continental Shelf
DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management Federal Register Volume 83, Issue 141 (July 23, 2018)
Bureau of Ocean Energy Management
Federal Register Volume 83, Issue 141 (July 23, 2018)
| Page Range | 34868-34870 | |
| FR Document | 2018-15669 |
[Federal Register Volume 83, Number 141 (Monday, July 23, 2018)] [Notices] [Pages 34868-34870] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-15669] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Bureau of Ocean Energy Management [Docket No. BOEM-2018-0034] Public Input Requested on Potential Impacts to Historic Priorities: Sand Resource Assessment and Borrow Area Identification, Atlantic and Gulf of Mexico Outer Continental Shelf AGENCY: Bureau of Ocean Energy Management, Interior. ACTION: Request for public input. ----------------------------------------------------------------------- SUMMARY: The Bureau of Ocean Energy Management (BOEM) invites public input on the identification of historic properties or potential impacts to historic properties from a comprehensive research program of sand resource and borrow area identification on the Atlantic and Gulf of Mexico Outer Continental Shelf (OCS). Sand resources are identified using geophysical and geological (G&G) surveys, which constitute undertakings subject to Section 106 of the National Historic Preservation Act. DATES: BOEM must receive your comments by August 13, 2018 for your comments to be considered. BOEM requests comments to be postmarked or delivered by this same date. BOEM will consider only those comments received that conform to this requirement. ADDRESSES: Comments and other submissions of information may be submitted by either of the following two methods: 1. Federal eRulemaking Portal: http://www.regulations.gov. In the entry entitled, ``Enter Keyword or ID,'' enter BOEM-2018-0034, and then click ``search.'' Follow the instructions to submit public comments and view supporting and related materials available for this notice. 2. Written comments may be delivered by hand or by mail, enclosed in an envelope labeled, ``Sand Resources Assessment Section 106,'' to Deputy Preservation Officer, Office of Environmental Programs, Bureau of Ocean Energy Management, 45600 Woodland Road, Sterling, Virginia 20166. FOR FURTHER INFORMATION CONTACT: Brandi Carrier, BOEM, Office of Environmental Programs, 45600 Woodland Road (VAM-OREP), Sterling, Virginia 20166, (703) 787-1623 or [email protected]. SUPPLEMENTARY INFORMATION: Authority: This request for public input concerns an action BOEM is taking pursuant to 43 U.S.C. 1346. 1 Background BOEM's Marine Minerals Program partners with communities to address serious erosion along coastal beaches, dunes, barrier islands, and wetlands. Erosion affects natural resources, energy, defense, public infrastructure, and tourism. To help address this problem, BOEM provides sand, gravel, and/or shell resources from the Federal OCS for shore protection, beach nourishment, and wetlands restoration with vigorous safety and environmental oversight, as authorized by the Outer Continental Shelf Lands Act (OCSLA). BOEM is proposing a comprehensive research program for sand resource and borrow area identification to properly identify and manage OCS sand resources, and to enable both long-term and emergency planning goals. The study will use state-of-the-art technology and methods to collect and analyze data, and will incorporate a rigorous mitigation strategy to minimize environmental effects. The field work will use G&G surveys to: (1) Identify potential OCS sand resources at a reconnaissance-scale; (2) delineate geographically focused areas as potential borrow areas at a design-level; (3) monitor specific borrow areas and investigate for the presence of objects of archaeological significance, munitions of explosive concern, and hard bottom or other sensitive benthic habitat in the vicinity of potential borrow areas; and (4) collect scientific data on changes in sand resources. The study could occur anywhere on the Atlantic or Gulf of Mexico OCS between the Submerged Lands Act Boundary to the 50 meter bathymetric contour; activities under cooperative agreements (authorized by 43 U.S.C. 1345(e)) with Atlantic and [[Page 34869]] Gulf states may cross the state/Federal boundary. Additional information is available at https://www.boem.gov/Building-a-National-Offshore-Sand-Inventory/. 2 Description of the Proposed Undertaking Section 106 of the National Historic Preservation Act (54 U.S.C. 306108), and the act's implementing regulations (36 CFR part 800), require Federal agencies to consider the effects of their undertakings on historic properties and afford the Advisory Council on Historic Preservation a reasonable opportunity to comment. As part of this review, BOEM will consult with state historic preservation officers, tribal officials, and others. BOEM is now reaching out to the general public for comment regarding the potential presence of historic properties or potential effects on historic properties from the surveys and other activities used in the study. This information will allow BOEM to consider and document historic preservation concerns early, and allow the agency to consider the views of the public in the decision making process. This study will involve two different types of sand surveys, each with a different potential to affect historic properties: (1) Geophysical surveys are conducted to obtain information about shallow sediment stratigraphy, shallow hazards (such as presence of munitions of explosive concern or buried cables), archaeological resources, and sensitive benthic habitats. Typical equipment used in these surveys includes sub-bottom profilers, swath bathymetric sonars, side-scan sonars, and magnetometers. Geophysical surveys do not have the potential to affect historic properties. (2) Geological surveys involve seafloor-disturbing activities, such as sample collection through use of grab samples or a platform-mounted vibracore, which are conducted to evaluate the quality of mineral resources for their intended use as sand resources. Vibracores are shallow in nature, focusing on characterizing the sand layer, and penetrate to a depth of no more than 20 ft (6 m) or the extent of the sand layer. The seafloor-disturbing portions of the geological surveys may have the potential to affect historic properties on the OCS, so BOEM is requesting public input on the existence and location of historic properties on the OCS and on the potential effects geologic surveys could have on any such historic properties. Once beach quality sand resource areas have been identified, these sand resources could be available to local, state, and Federal agencies for beach nourishment, and coastal restoration to provide protection of infrastructure, create coastal habitat, and reduce damage caused by storms, currents, and waves. Those potential future actions would undergo a separate Section 106 consultation process if they are determined to be undertakings under 36 CFR part 800, with additional opportunities for public comment. 3 Description of the Study Area The potential Study Area lies within the Atlantic and Gulf of Mexico OCS, from the Submerged Lands Act boundary to 50 m (164 ft) deep. Sand survey activities will not occur across the entire Study Area simultaneously, but will be of limited spatial extent at any one time. The Study Area includes adjacent transit corridors used for mobilization, and demobilization, and access to support bases. Sensitive and protected areas, such as within Cape Cod Bay, Stellwagen Bank National Marine Sanctuary, and Florida Keys National Marine Sanctuary are specifically excluded. Prior to commencing sand survey activities, BOEM will coordinate with coastal states, Federal stakeholders, and relevant regional planning bodies to determine areas with the greatest potential need for OCS sand resources and the greatest data gaps, in order to identify priority survey sites. A detailed survey and sampling plan will be developed prior to undertaking any sand survey activities; this plan will define the geographic scope and relative timing of the proposed activities. Similar resource area identification and delineation activities could occur on state submerged lands, but these undertakings would be separately analyzed in project-specific environmental reviews, under the direction of the appropriate lead entity. BOEM may enter into cooperative agreements with Atlantic and Gulf states to assist in the inventory of offshore sand resources, which may cross the state/Federal boundaries. BOEM's authorization of an agreement to use sand resources in a given borrow area, including for beach nourishment and wetlands reconstruction, would be considered a separate action. Any such proposed undertakings, if received by BOEM, would be considered individually and would subject to a separate environmental review and Section 106 consultation process. 4 Requested Information From the Public BOEM requests specific and detailed comments from the public and other interested or affected parties on the identification of historic properties or potential effects to historic properties from the proposed G&G survey activities. This information will inform BOEM's review of this and future undertakings under Section 106 of the NHPA. 5 Protection of Sensitive, Privileged, or Confidential Information 5.1 Freedom of Information Act BOEM will protect sensitive, privileged, or confidential information that you submit when required by the Freedom of Information Act (FOIA). 5.2 Section 304 of the National Historic Preservation Act (54 U.S.C. 307103) Exemption 3 of FOIA applies to information specifically exempted from disclosure by a statute other than FOIA, but only if the other statute's disclosure prohibition is absolute. Section 304 of the National Historic Preservation Act at 54 U.S.C. 307103 requires the head of a Federal agency, after consultation with the Secretary, to withhold from disclosure to the public information about the location, character, or ownership of a historic property if the Secretary and the agency determine that disclosure may--(1) cause a significant invasion of privacy; (2) risk harm to the historic property; or (3) impede the use of a traditional religious site by practitioners. If you wish BOEM to withhold such information from disclosure, clearly mark it and request that BOEM treat it as confidential. BOEM will not disclose such information if it qualifies for exemption from disclosure under FOIA. Please label privileged or confidential information ``Contains Confidential Information.'' In particular, tribal entities should designate information that falls under Section 304 of NHPA as confidential. 5.3 Personal Identifying Information BOEM does not consider anonymous comments; please include your name and address as part of your submittal. You should be aware that your entire comment, including your name, address, and your personal identifying information, may be made publicly available at any time. In order for BOEM to withhold your personal identifying information from disclosure, you must identify any information contained in the submittal of your comments that, if [[Page 34870]] released, would constitute a clearly unwarranted invasion of your personal privacy. You must also briefly describe any possible harmful consequence(s) of the disclosure of information, such as embarrassment, injury or other harm. Dated: July 17, 2018. Walter D. Cruickshank, Acting Director, Bureau of Ocean Energy Management. [FR Doc. 2018-15669 Filed 7-20-18; 8:45 am] BILLING CODE 4310-MR-P
![34868 Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Notices
Native Village of Wales Village of Clarks Point submit public comments and view
Native Village of White Mountain Village of Crooked Creek supporting and related materials
Nenana Native Association Village of Dot Lake available for this notice.
New Koliganek Village Council Village of Iliamna 2. Written comments may be
New Stuyahok Village Village of Kalskag delivered by hand or by mail, enclosed
Newhalen Village Village of Kaltag in an envelope labeled, ‘‘Sand
Newtok Village Village of Kotlik Resources Assessment Section 106,’’ to
Nikolai Village Village of Lower Kalskag Deputy Preservation Officer, Office of
Ninilchik Village Village of Ohogamiut Environmental Programs, Bureau of
Nome Eskimo Community Village of Red Devil Ocean Energy Management, 45600
Nondalton Village Village of Salamatoff Woodland Road, Sterling, Virginia
Noorvik Native Community Village of Sleetmute 20166.
Northway Village Village of Solomon
Village of Stony River FOR FURTHER INFORMATION CONTACT:
Nulato Village
Nunakauyarmiut Tribe Village of Venetie (See Native Village of Brandi Carrier, BOEM, Office of
Organized Village of Grayling (aka Venetie Tribal Government) Environmental Programs, 45600
Holikachuk) Village of Wainwright Woodland Road (VAM–OREP), Sterling,
Organized Village of Kake Wrangell Cooperative Association Virginia 20166, (703) 787–1623 or
Organized Village of Kasaan Yakutat Tlingit Tribe brandi.carrier@boem.gov.
Organized Village of Kwethluk Yupiit of Andreafski SUPPLEMENTARY INFORMATION:
Organized Village of Saxman [FR Doc. 2018–15679 Filed 7–20–18; 8:45 am] Authority: This request for public
Orutsararmiut Traditional Native BILLING CODE 4337–15–P
input concerns an action BOEM is
Council (previously listed as taking pursuant to 43 U.S.C. 1346.
Orutsararmuit Native Village (aka 1 Background
Bethel)) DEPARTMENT OF THE INTERIOR
Oscarville Traditional Village BOEM’s Marine Minerals Program
Pauloff Harbor Village Bureau of Ocean Energy Management partners with communities to address
Pedro Bay Village serious erosion along coastal beaches,
[Docket No. BOEM–2018–0034]
Petersburg Indian Association dunes, barrier islands, and wetlands.
Pilot Station Traditional Village Public Input Requested on Potential Erosion affects natural resources,
Platinum Traditional Village Impacts to Historic Priorities: Sand energy, defense, public infrastructure,
Portage Creek Village (aka Ohgsenakale) Resource Assessment and Borrow and tourism. To help address this
Pribilof Islands Aleut Communities of Area Identification, Atlantic and Gulf of problem, BOEM provides sand, gravel,
St. Paul & St. George Islands Mexico Outer Continental Shelf and/or shell resources from the Federal
Qagan Tayagungin Tribe of Sand Point OCS for shore protection, beach
Village AGENCY: Bureau of Ocean Energy nourishment, and wetlands restoration
Qawalangin Tribe of Unalaska Management, Interior. with vigorous safety and environmental
Rampart Village ACTION: Request for public input. oversight, as authorized by the Outer
Saint George Island (See Pribilof Islands Continental Shelf Lands Act (OCSLA).
Aleut Communities of St. Paul & St. SUMMARY: The Bureau of Ocean Energy BOEM is proposing a comprehensive
George Islands) Management (BOEM) invites public research program for sand resource and
Saint Paul Island (See Pribilof Islands input on the identification of historic borrow area identification to properly
Aleut Communities of St. Paul & St. properties or potential impacts to identify and manage OCS sand
George Islands) historic properties from a resources, and to enable both long-term
Seldovia Village Tribe comprehensive research program of and emergency planning goals. The
Shageluk Native Village sand resource and borrow area study will use state-of-the-art
Sitka Tribe of Alaska identification on the Atlantic and Gulf technology and methods to collect and
Skagway Village of Mexico Outer Continental Shelf analyze data, and will incorporate a
South Naknek Village (OCS). Sand resources are identified rigorous mitigation strategy to minimize
Stebbins Community Association using geophysical and geological (G&G) environmental effects. The field work
Sun’aq Tribe of Kodiak (previously surveys, which constitute undertakings will use G&G surveys to: (1) Identify
listed as the Shoonaq’ Tribe of subject to Section 106 of the National potential OCS sand resources at a
Kodiak) Historic Preservation Act. reconnaissance-scale; (2) delineate
Takotna Village DATES: BOEM must receive your geographically focused areas as
Tangirnaq Native Village (formerly comments by August 13, 2018 for your potential borrow areas at a design-level;
Lesnoi Village (aka Woody Island)) comments to be considered. BOEM (3) monitor specific borrow areas and
Telida Village requests comments to be postmarked or investigate for the presence of objects of
Traditional Village of Togiak delivered by this same date. BOEM will archaeological significance, munitions
Tuluksak Native Community consider only those comments received of explosive concern, and hard bottom
Twin Hills Village that conform to this requirement. or other sensitive benthic habitat in the
Ugashik Village ADDRESSES: Comments and other vicinity of potential borrow areas; and
Umkumiut Native Village (previously submissions of information may be (4) collect scientific data on changes in
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listed as Umkumiute Native Village) submitted by either of the following two sand resources. The study could occur
Village of Alakanuk methods: anywhere on the Atlantic or Gulf of
Village of Anaktuvuk Pass 1. Federal eRulemaking Portal: http:// Mexico OCS between the Submerged
Village of Aniak www.regulations.gov. In the entry Lands Act Boundary to the 50 meter
Village of Atmautluak entitled, ‘‘Enter Keyword or ID,’’ enter bathymetric contour; activities under
Village of Bill Moore’s Slough BOEM–2018–0034, and then click cooperative agreements (authorized by
Village of Chefornak ‘‘search.’’ Follow the instructions to 43 U.S.C. 1345(e)) with Atlantic and
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![34870 Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Notices
released, would constitute a clearly SUPPLEMENTARY INFORMATION: The On May 11, 2018, the ALJ issued a
unwarranted invasion of your personal Commission instituted this investigation final ID finding no violation of section
privacy. You must also briefly describe on April 12, 2017, based on a complaint 337. Specifically, he found that
any possible harmful consequence(s) of filed by Broadcom Corporation Respondents did not infringe any claim,
the disclosure of information, such as (‘‘Broadcom’’) of Irvine, California. 82 that the asserted claims of the ’844
embarrassment, injury or other harm. FR 17688. The complaint alleges patent are invalid, and that Broadcom
Dated: July 17, 2018. violations of section 337 of the Tariff did not satisfy the technical prong of the
Walter D. Cruickshank, Act of 1930, as amended, 19 U.S.C. 1337 domestic industry requirement for the
Acting Director, Bureau of Ocean Energy
(‘‘section 337’’), in the importation into ’104 patent.
Management. the United States, the sale for On May 29, 2018, Broadcom and
[FR Doc. 2018–15669 Filed 7–20–18; 8:45 am]
importation, and the sale within the Respondents each petitioned for review
United States after importation of of the ID. On June 6, 2018, the parties
BILLING CODE 4310–MR–P
certain semiconductor devices and opposed each other’s petitions.
consumer audiovisual products Having examined the record of this
containing the same that infringe U.S. investigation, including the ALJ’s final
INTERNATIONAL TRADE Patent Nos. 7,310,104; 7,342,967; ID, the petitions for review, and the
COMMISSION 7,590,059; 8,068,171; and 8,284,844. Id. responses thereto, the Commission has
[Investigation No. 337–TA–1047] The Commission’s notice of determined to review the final ID in
investigation named as respondents part. Specifically, the Commission has
Certain Semiconductor Devices and MediaTek Inc. of Hsinchu City, Taiwan, determined to review the following
Consumer Audiovisual Products MediaTek USA Inc. of San Jose, issues: (1) The construction of ‘‘a
Containing the Same; Commission California, and MStar Semiconductor processor adapted to control a decoding
Determination To Review in Part a Inc. of ChuPei Hsinchu Hsien, Taiwan process’’ in claim 1 of the ’844 patent,
Final Initial Determination Finding No (together, ‘‘MediaTek’’); Sigma Designs, as well as related issues of infringement,
Violation of Section 337; Schedule for Inc. of Fremont, California (‘‘Sigma’’); invalidity, and the technical prong of
Briefing; Extension of Target Date LG Electronics Inc. of Seoul, Republic of the domestic industry requirement with
AGENCY: U.S. International Trade Korea and LG Electronics U.S.A., Inc. of respect to the limitation; (2) the finding
Commission. Englewood Cliffs, New Jersey (together, that Fandrianto satisfies the limitation
‘‘LG’’); Funai Electric Company, Ltd., of ‘‘adapted to perform a decoding
ACTION: Notice.
Osaka, Japan, Funai Corporation, Inc. of function on a digital media stream’’ of
SUMMARY: Notice is hereby given that Rutherford, New Jersey, and P&F USA, claim 1 of the ’844 patent; (3) the
the U.S. International Trade Inc. of Alpharetta, Georgia (together, construction of ‘‘the blended graphics
Commission has determined to review ‘‘Funai’’); and Vizio, Inc., of Irvine, image’’ in claim 1 of the ’104 patent, as
in part a final initial determination California (‘‘Vizio’’). Id. The Office of well as related issues of infringement,
(‘‘ID’’) issued by the presiding Unfair Import Investigations is not invalidity, and the technical prong of
administrative law judge (‘‘ALJ’’), participating in this investigation. Id. the domestic industry requirement with
finding no violation of section 337 of Several parties were terminated from respect to the limitation; (4) the
the Tariff Act of 1930, as amended. The the investigation based on settlement. construction of ‘‘blend the blended
Commission has also set a schedule for Specifically, the Commission graphics image with the video image
briefing. Additionally, Commission has terminated the investigation with using the alpha values and/or at least
determined to extend the target date for respect to Funai, Order No. 31 (Nov. 7, one value derived from the alpha
the completion of the investigation to 2017), not reviewed Notice (Dec. 12, values’’ in claim 1 of the ’104 patent, as
September 19, 2018. 2017); MediaTek, Order No. 35 (Nov. 29, well as related issues of infringement,
FOR FURTHER INFORMATION CONTACT: 2017), not reviewed Notice (Dec. 19, invalidity, and the technical prong of
Robert Needham, Office of the General 2017); and LG, Order No. 42 (Apr. 9, the domestic industry requirement with
Counsel, U.S. International Trade 2018), not reviewed Notice (May 4, respect to the limitation; and (5) the
Commission, 500 E Street SW, 2018). Accordingly, only respondents finding that claims 1 and 10 of the ’104
Washington, DC 20436, telephone (202) Sigma and Vizio (together, patent would be rendered obvious by
708–5468. Copies of non-confidential ‘‘Respondents’’) remained in the Gloudemans in view of Porter & Duff
documents filed in connection with this investigation at the time of the final ID. under Broadcom’s proposed claim
investigation are or will be available for The Commission also terminated two constructions.
inspection during official business patents and several claims based on The parties are requested to brief their
hours (8:45 a.m. to 5:15 p.m.) in the Broadcom’s partial withdrawal of the positions on the issues under view with
Office of the Secretary, U.S. complaint. Specifically, the Commission reference to applicable law and the
International Trade Commission, 500 E terminated the investigation with evidentiary record. In connection with
Street SW, Washington, DC 20436, respect to the ’967 patent, the ’171 its review, the Commission is interested
telephone (202) 205–2000. General patent, claims 21–30 of the ’059 patent, in briefing on the following issues:
information concerning the Commission and claim 14 of the ’844 patent. Order 1. Should the construction of the term ‘‘a
may also be obtained by accessing its No. 24 (Oct. 10, 2017), not reviewed processor adapted to control a decoding
internet server (https://www.usitc.gov). Notice (Oct. 24, 2017). Broadcom also process’’ of the ’844 patent include the
The public record for this investigation elected to withdraw claims 5 and 11–13 concept of ‘‘orchestrate,’’ and what is the
amozie on DSK3GDR082PROD with NOTICES1
may be viewed on the Commission’s of the ’844 patent in its post-hearing difference between ‘‘control’’ and
electronic docket (EDIS) at https:// brief. ID at 7. Accordingly, at the time ‘‘orchestrate’’ in the context of this patent?
2. Should the construction of the term ‘‘a
edis.usitc.gov. Hearing-impaired of the final ID, the only remaining processor adapted to control a decoding
persons are advised that information on claims were 1, 10, 11, 16, 17, and 22 of process’’ of the ’844 patent include the
this matter can be obtained by the ’104 patent; claims 1–4, 6–10, of the concept of a ‘‘pipeline’’ or ‘‘stage’’?
contacting the Commission’s TDD ’844 patent; and claims 11–20 of the 3. In construing the term ‘‘blend the
terminal on (202) 205–1810. ’059 patent. blended graphics image with the video image
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Document Created: 2018-07-21 00:49:11
Document Modified: 2018-07-21 00:49:11
| 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 | Request for public input. | |
| Dates | BOEM must receive your comments by August 13, 2018 for your comments to be considered. BOEM requests comments to be postmarked or delivered by this same date. BOEM will consider only those comments received that conform to this requirement. | |
| Contact | Brandi Carrier, BOEM, Office of Environmental Programs, 45600 Woodland Road (VAM-OREP), Sterling, Virginia 20166, (703) 787-1623 or [email protected] | |
| FR Citation | 83 FR 34868 |
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