[Federal Register Volume 82, Number 61 (Friday, March 31, 2017)]
[Notices]
[Page 16060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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]
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