Notice of Intent To Prepare an Environmental Impact Statement for the Proposed Vineyard Northeast Project on the U.S. Outer Continental Shelf Offshore Massachusetts, 20691-20696 [2024-06161]
Download as PDF
20691
Federal Register / Vol. 89, No. 58 / Monday, March 25, 2024 / Notices
Application No.
Applicant
Species
Location
Activity
Indiana bat (Myotis
sodalis), northern
long-eared bat
(Myotis
septentrionalis),
gray bat (Myotis
grisescens), tricolored bat
(Perimyotis
subflavus).
Add: Alabama, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland,
Massachusetts, Michigan, Minnesota,
Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Jersey,
New York, North Carolina, North Dakota, Ohio, Rhode Island, South Carolina, South Dakota, Tennessee, Utah,
Vermont, Wisconsin, and Wyoming.
Add: New Hampshire ...............................
Capture, band, telemetry, nonintrusive measurements, wing
punch, release.
Capture,
collect.
Amend.
Capture and band
adults and chicks,
telemetry, research, release.
Capture and band
adults and chicks,
mark chicks, release, salvage.
Capture, band, telemetry, non-intrusive measurements, light-tag,
release.
Capture ......
Amend.
Capture ......
New.
Capture,
collect,
wound.
New.
Electrofish, survey,
monitor, release.
Capture ......
Renew.
Electrofish, fin clip,
release.
Capture,
collect.
New.
PER1745522–1 ....
Zeinab Haidar,
Arcata, CA.
PER1541934–1 ....
Audubon Sea bird
Roseate tern
Institute, Bremen,
(Sterna dougallii
ME; Donald Lyons.
dougallii).
PER8719125–0 ....
Audubon Sea Bird
Roseate tern
Institute, Bremen,
(Sterna dougallii
ME; Donald Lyons.
dougallii).
Maine ........................................................
PER9408441–0 ....
Luke Fultz, Huntingdon, PA.
Indiana bat (Myotis
sodalis), northern
long-eared bat
(Myotis
septentrionalis),
gray bat (Myotis
grisescens).
ES37632D–1 ........
U.S. Forest Service,
Monongahela National Forest,
Bartow, WV; Chad
Landress.
West Virginia Department of Environmental Protection, Charleston,
WV; Gary Rogers.
Candy darter
(Etheostoma
osburni).
Alabama, Arkansas, Connecticut, Delaware, Florida, Georgia, Illinois, Indiana,
Iowa, Kansas, Kentucky, Maryland,
Massachusetts, Michigan, Minnesota,
Mississippi, Missouri, Nebraska, New
Hampshire, New Jersey, New York,
North Carolina, North Dakota Ohio,
Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota,
Tennessee, Texas, Vermont, Virginia,
West Virginia, and Wisconsin.
West Virginia ............................................
PER8716069–0 ....
Candy darter
(Etheostoma
osburni).
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Public Availability of Comments
Written comments we receive become
part of the administrative record
associated with this action. 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 request in your comment
that we withhold your personal
identifying information from public
review, we cannot guarantee that we
will be able to do so. Moreover, all
submissions from organizations or
businesses, and from individuals
identifying themselves as
representatives or officials of
organizations or businesses, will be
made available for public disclosure in
their entirety.
Next Steps
If we decide to issue permits to the
applicants listed in this notice, we will
publish a notice in the Federal Register.
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West Virginia ............................................
Authority
Section 10(c) of the Endangered
Species Act of 1973, as amended (16
U.S.C. 1531 et seq.).
Martin Miller,
Manager, Division of Endangered Species,
Ecological Services, Northeast Region.
[FR Doc. 2024–06220 Filed 3–22–24; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
[Docket No. BOEM–2024–0009]
Notice of Intent To Prepare an
Environmental Impact Statement for
the Proposed Vineyard Northeast
Project on the U.S. Outer Continental
Shelf Offshore Massachusetts
Bureau of Ocean Energy
Management, Interior.
ACTION: Notice of intent to prepare an
environmental impact statement;
request for comments.
AGENCY:
The Bureau of Ocean Energy
Management (BOEM) announces its
intent to prepare an environmental
impact statement (EIS) for a
SUMMARY:
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Type of take
Permit action
construction and operations plan (COP)
of a proposed offshore wind energy
project submitted by Vineyard
Northeast, LLC (Vineyard Northeast).
This notice of intent (NOI) initiates the
public scoping and comment process
under the National Environmental
Policy Act (NEPA), section 106 of the
National Historic Preservation Act
(NHPA), and their respective
implementing regulations. Vineyard
Northeast proposes to construct and
operate the project in Renewable Energy
Lease Area OCS–A 0522 (Lease Area),
which encompasses approximately
132,370 acres and is located
approximately 29 miles from Nantucket
and approximately 39 miles from
Martha’s Vineyard, offshore of
Massachusetts. Vineyard Northeast
proposes to develop the entire Lease
Area.
Your comments must be received
by BOEM no later than May 9, 2024 for
timely consideration. BOEM will hold
two in-person and two virtual public
scoping meetings at the following dates
and times (eastern time):
In Person:
• Wednesday, April 17, 2024, 5 p.m.–
9 p.m., Clark Auditorium, Mitchell
DATES:
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College, 437 Pequot Avenue, New
London, Connecticut 06320; and
• Thursday, April 18, 2024, 5 p.m.–9
p.m., Westport High School Cafeteria,
17 Main Road, Westport, Massachusetts
02790.
Virtual:
• Monday, April 15, 2024, 1 p.m.–
ending; and
• Monday, April 22, 2024, 5 p.m.–
ending.
Registration for the virtual public
meetings may be completed here:
https://www.boem.gov/renewableenergy/state-activities/vineyardnortheast or by calling (888) 788–0099
(toll free). Registration for in-person
meetings will occur on site. The
meetings are open to the public and free
to attend.
ADDRESSES: Written comments can be
submitted in any of the following ways:
• Delivered by U.S. mail or other
delivery service, enclosed in an
envelope labeled ‘‘Vineyard Northeast
EIS’’ and addressed to Heather Schultz,
NEPA Coordinator, Environment Branch
for Renewable Energy, Bureau of Ocean
Energy Management, 45600 Woodland
Road, VAM–OREP, Sterling, Virginia
20166; or
• Through the regulations.gov web
portal: Navigate to https://
www.regulations.gov and search for
Docket No. BOEM–2024–0009. Select
the document in the search results on
which you want to comment, click on
the ‘‘Comment’’ button, and follow the
online instructions for submitting your
comment. A commenter’s checklist is
available on the comment web page.
Enter your information and comment,
then click ‘‘Submit.’’
For more information about
submitting comments, please see the
‘‘Public Participation’’ heading under
SUPPLEMENTARY INFORMATION.
Detailed information about the
proposed Project, including the COP,
and instructions for making written
comments, can be found on BOEM’s
website at: https://www.boem.gov/
renewable-energy/state-activities/
vineyard-northeast.
FOR FURTHER INFORMATION CONTACT:
Heather Schultz, Office of Renewable
Energy Programs, Bureau of Ocean
Energy Management, 45600 Woodland
Road, Sterling, Virginia 20166,
telephone (571) 396–1485, or email
heather.schultz@boem.gov.
SUPPLEMENTARY INFORMATION:
Purpose of and Need for the Proposed
Action
In Executive Order 14008, ‘‘Tackling
the Climate Crisis at Home and
Abroad,’’ issued on January 27, 2021,
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President Joseph R. Biden stated that the
policy of his administration is ‘‘to
organize and deploy the full capacity of
its agencies to combat the climate crisis
to implement a Government-wide
approach that reduces climate pollution
in every sector of the economy;
increases resilience to the impacts of
climate change; protects public health;
conserves our lands, waters, and
biodiversity; delivers environmental
justice; and spurs well-paying union
jobs and economic growth, especially
through innovation, commercialization,
and deployment of clean energy
technologies and infrastructure.’’
Through a competitive leasing process
conducted under 30 CFR 585.211,
BOEM awarded Vineyard Northeast the
Lease Area OCS–A 0522, covering an
area on the Outer Continental Shelf
(OCS) offshore Massachusetts. Vineyard
Northeast has the exclusive right to
submit a COP for activities within the
Lease Area. Vineyard Northeast has
submitted a COP to BOEM proposing
the construction, operation, and
conceptual decommissioning of an
offshore wind energy facility in Lease
Area OCS–A 0522 (the Project).
Vineyard Northeast’s goal is to
develop a commercial-scale, offshore
wind energy project in the Lease Area.
The proposed action includes a
maximum of 160 positions occupied by
up to 160 WTGs and up to 3 ESPs, or
some combination thereof, within the
Lease Area. Up to three of those
positions would be occupied by ESPs
and the remaining positions would be
occupied by WTGs. In addition, the
proposed action includes a potential
booster station in the northwestern part
of Lease Area OCS–A 0534. Three ESP
concepts are included in the project
design envelope: high voltage, direct
current (HVDC) ESP; high voltage,
alternating current ESP + booster
station; and integrated ESP. If two or
three ESPs are used, they may be colocated at the same grid position (colocated ESPs would only be installed on
monopiles).
The integrated ESP concept entails
placing ESP equipment on one or more
expanded WTG foundation platforms
rather than having a separate ESP
situated on its own foundation. With
this concept, the ESP electrical
equipment may be placed on numerous
(i.e., more than three) WTG foundations.
The proposed project would have a
minimum nameplate capacity of 2,600
megawatts (MW) and two offshore
export cable corridors (OECCs)—one to
Connecticut and one to Massachusetts—
and associated onshore transmission
systems.
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Vineyard Northeast is actively seeking
one or more offshore renewable energy
certificate (OREC) or power purchase
agreement (PPA) awards for this project.
Vineyard Northeast is seeking approval
of phase 1 in this COP, and the EIS to
which this NOI applies covers only
phase 1 as described above.
Vineyard Northeast has also provided
BOEM with a high-level description of
potential future activities they may
undertake as a latter phase 2. However,
those activities are not under
consideration in this EIS and are not
subject to a final BOEM decision on this
COP. Rather, phase 2 is discussed as a
potential future activity for which
Vineyard Northeast would need to
submit a revised or additional COP,
which would be subject to additional
review under NEPA and other relevant
laws.
This proposed Project is intended to
contribute to Connecticut’s mandate of
2,000 MW of offshore wind energy by
2030, as outlined in Connecticut Public
Act 19–71, and to Massachusetts’s goal
to solicit proposals to contract for 5,600
MW of offshore wind energy by 2027, a
goal that was substantially increased
from the 1,600 MW target announced in
the 2016 Act to Promote Energy
Diversity (in accordance with section
83C of Massachusetts’s Green
Communities Act as added by Chapter
188 of the Acts of 2016, An Act to
Promote Energy Diversity [section 83C]).
This Project may also contribute to the
clean energy mandates of Rhode Island
(pursuant to the Affordable Clean
Energy Security Act, R.I. Gen. Laws 39–
31–5, as amended effective July 1, 2022)
and New York State (pursuant to the
Climate Leadership and Community
Protection Act).
Based on BOEM’s authority under the
Outer Continental Shelf Lands Act
(OCSLA) to authorize renewable energy
activities on the OCS, Executive Order
14008, and the goal of the
administration to deploy 30 gigawatts
(GW) of offshore wind in the United
States by 2030, while protecting
biodiversity and promoting ocean couse,1 and in consideration of the goals
of the applicant, the purpose of BOEM’s
action is to determine whether to
approve, approve with modifications, or
disapprove Vineyard Northeast’s COP.
BOEM will make this determination
1 Fact Sheet: Biden Administration Jumpstarts
Offshore Wind Energy Projects to Create Jobs |
Interior, Energy, Commerce, and Transportation
Departments Announce New Leasing, Funding, and
Development Goals to Accelerate and Deploy
Offshore Wind Energy and Jobs | The White House
https://www.whitehouse.gov/briefing-room/
statements-releases/2021/03/29/fact-sheet-bidenadministration-jumpstarts-offshore-wind-energyprojects-to-create-jobs/.
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after weighing the factors in subsection
8(p)(4) of OCSLA that are applicable to
plan decisions and in consideration of
the above goals. BOEM’s action is
needed to fulfill its duties under the
lease, which require BOEM to make a
decision on the lessee’s plan to
construct and operate a commercialscale offshore wind energy facility in
the Lease Area, in accordance with the
relevant regulations in 30 CFR part 585.
In addition, the National Oceanic and
Atmospheric Administration’s
(NOAA’s) National Marine Fisheries
Service (NMFS) anticipates one or more
requests for authorization under the
Marine Mammal Protection Act
(MMPA) to take marine mammals
incidental to construction activities
related to the Project. NMFS’ issuance of
an MMPA incidental take authorization
would be a major Federal action
connected to BOEM’s action (40 CFR
1501.9(e)(1)). The purpose of the NMFS
action—which is a direct outcome of
Vineyard Northeast’s request for
authorization to take marine mammals
incidental to specified activities
associated with the proposed Project
(e.g., pile driving)—is to evaluate
Vineyard Northeast’s request pursuant
to specific requirements of the MMPA
and its implementing regulations
administered by NMFS, considering
impacts of the applicant’s activities on
relevant resources, and if appropriate,
issue the permit or authorization. NMFS
needs to render a decision regarding the
request for authorization due to NMFS’
responsibilities under the MMPA (16
U.S.C. 1371(a)(5)(A)) and its
implementing regulations. If NMFS
makes the findings necessary to issue
the requested authorization, NMFS
intends to adopt, after independent
review, BOEM’s EIS to support that
decision and fulfill its NEPA
requirements.
The U.S. Army Corps of Engineers
(USACE) New England District
anticipates requests for authorizing a
permit action to be undertaken through
authority delegated to the District
Engineer by 33 CFR 325.8, under section
10 of the Rivers and Harbors Act of 1899
(RHA) (33 U.S.C. 403), section 404 of
the Clean Water Act (CWA) (33 U.S.C.
1344), and, as required, section 103 of
the Marine Protection, Research, and
Sanctuaries Act of 1972 (33 U.S.C.
1413). In addition, it is anticipated that
a section 408 permission may be
required pursuant to section 14 of the
RHA (33 U.S.C. 408) for any proposed
alterations that have the potential to
alter, occupy, or use any federally
authorized civil works projects. The
USACE considers issuance of permits/
permissions under these four delegated
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authorities to be a major Federal action
connected to BOEM’s action (40 CFR
1501.9(e)(1)). The need for the project,
as provided by the applicant in section
1.2 of the COP and reviewed by USACE
for NEPA purposes, is to provide a
commercially viable offshore wind
energy project within Lease OCS–A
0522 to meet northeastern states’ and
other users’ demand for clean energy.
The basic project purpose, as
determined by USACE for section
404(b)(1) guidelines evaluation, is
offshore wind energy generation. The
overall project purpose for section
404(b)(1) guidelines evaluation, as
determined by USACE, is the
construction and operation of a
commercial-scale offshore wind energy
project for renewable energy generation
in Lease OCS–A 0522 within the
Massachusetts Wind Energy Area and
transmission/distribution to the
Connecticut and Massachusetts energy
grids.
The purpose of USACE section 408
action as determined by Engineer
Circular 1165–2–220 is to evaluate the
applicant’s request and determine
whether the proposed alterations are
injurious to the public interest or impair
the usefulness of a USACE project.
USACE section 408 permission is
needed to ensure that congressionally
authorized projects continue to provide
their intended benefits to the public.
USACE intends to adopt BOEM’s EIS
to support its decision on any permits
and permissions requested under
section 10 of the RHA, section 404 of
the CWA, section 14 of the RHA, and
section 103 of the MPRSA. The USACE
would adopt the EIS per 40 CFR 1506.3
if, after its independent review of the
document, it concludes that the EIS
satisfies the USACE’s comments and
recommendations. Based on its
participation as a cooperating agency
and its consideration of the final EIS,
the USACE would issue a record of
decision to formally document its
decision on the proposed action.
Proposed Action and Preliminary
Alternatives
Vineyard Northeast proposes to
develop, construct, and operate offshore
renewable wind energy facilities BOEM
Lease Area OCS–A 0522 along with
associated offshore and onshore
transmission systems. The proposed
action includes a maximum of 160
positions occupied by up to 160 WTGs
and up to 3 ESPs, or some combination
thereof, within the Lease Area. Up to
three of those positions would be
occupied by ESPs and the remaining
positions would be occupied by WTGs.
In addition, the proposed action
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includes a potential booster station in
the northwestern aliquot of Lease Area
OCS–A 0534. Two offshore OECCs—the
Massachusetts OECC and the
Connecticut OECC—would connect the
renewable wind energy facilities to
onshore transmission systems in
Massachusetts and Connecticut.
Vineyard Northeast is considering
monopile and piled-jacket foundation
types to support the WTGs and ESPs.
Each ESP and booster station topside
would be supported by a monopile or a
piled jacket foundation. The ESP(s) may
be located at any proposed position. If
two or three ESPs are used, they may be
located at separate positions or two of
the ESPs may be co-located at one of the
potential grid positions. Up to two
HVDC cable bundles or up to three high
voltage alternating current (HVAC)
cables may be installed within the
Massachusetts OECC. Up to two HVDC
offshore export cable bundles may be
installed within the Connecticut OECC.
If HVAC offshore export cables are
installed within the Massachusetts
OECC, the cables would connect to the
above-noted booster station.
BOEM will evaluate reasonable
alternatives to the proposed action that
are identified during the scoping period
and included in the draft EIS, including
a No Action Alternative. Under the No
Action Alternative, BOEM would
disapprove the Vineyard Northeast COP,
and the proposed wind energy facility
described in the COP would not be built
within the Lease Area.
In addition to the proposed action and
the no action alternative (i.e.,
disapproval of the COP), potential
alternatives that the draft EIS could
analyze include the following
preliminary alternatives:
• Modified Layout Alternative: Design
layout to minimize potential impacts to
cultural, visual, navigation, and other
resource values.
• Nantucket Shoals Minimization
Alternative: BOEM intends to design an
alternative to avoid and minimize
potential impacts to protected species
and habitats around Nantucket Shoals.
• Habitat/Fisheries Impact
Minimization Alternative: BOEM
intends to examine alternatives that
would reduce potential impacts to fish
habitats and fishing activities.
After completing the EIS and
associated consultations, BOEM will
decide through a record of decision
(ROD) whether to approve, approve
with modification, or disapprove the
Vineyard Northeast Project COP. If
BOEM approves the COP, Vineyard
Northeast must comply with all
conditions of approval.
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Summary of Potential Impacts
The draft EIS will identify and
describe the potential effects of the
proposed action and the alternatives on
the human environment. Those
potential effects must be reasonably
foreseeable and must have a reasonably
close causal relationship to the
proposed action and the alternatives.
Such effects include those that occur at
the same time and place as the proposed
action and alternatives, as well as those
that are later in time or occur in a
different place. Potential effects include,
but are not limited to, beneficial or
adverse impacts on: air quality, water
quality, bats, benthic habitat, essential
fish habitat, invertebrates, finfish, birds,
marine mammals, terrestrial and coastal
habitats and fauna, sea turtles, wetlands
and other waters of the United States,
commercial fisheries and for-hire
recreational fishing, cultural resources,
Tribal issues of concern, demographics,
employment, economics, environmental
justice, land use and coastal
infrastructure, navigation and vessel
traffic, other marine uses, recreation and
tourism, and visual resources. These
potential effects will be analyzed in the
draft and final EIS.
Based on a preliminary evaluation of
the resources listed in the preceding
paragraph, BOEM expects potential
impacts on sea turtles and marine
mammals from underwater noise caused
by construction and from collision risks
with Project-related vessel traffic.
Structures installed by the Project could
permanently change benthic and fish
habitats (e.g., creation of artificial reefs).
Commercial fisheries and for-hire
recreational fishing could be impacted.
Project structures above the water could
affect the visual character defining
historic properties and recreational and
tourism areas. Project structures also
would pose an allision and height
hazard to vessels passing close by, and
vessels would, in turn, pose a hazard to
the structures. Additionally, the Project
could cause conflicts with military
activities, air traffic, land-based radar
services, cables and pipelines, and
scientific surveys. The EIS will analyze
all significant impacts, as well as
potential measures that would avoid,
minimize, or mitigate identified nonbeneficial impacts.
Beneficial impacts are also expected
by facilitating achievement of State
renewable energy goals, increasing job
opportunities, improving air quality,
and addressing climate change. The
construction of Vineyard Northeast is
also estimated to generate at least ∼$1.63
billion in total labor income and ∼$4.65
billion in output. The operation of
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Vineyard Northeast is projected to
generate approximately 17,046 full-time
equivalent (FTE) job-years assuming a
30-year operational life (equivalent to
568 direct, indirect, and induced FTEs
annually), as well as at least ∼$1.19
billion in total annual labor income and
∼$4.62 billion in output.
(i) Anticipated Permits and
Authorizations
In addition to the requested COP
approval, various other Federal, State,
and local authorizations will be
required for the Project. Applicable
Federal laws include the Endangered
Species Act, Magnuson-Stevens Fishery
Conservation and Management Act,
MMPA, RHA, CWA, Clean Air Act
section 328, and the Coastal Zone
Management Act. BOEM will also
conduct government-to-government
Tribal consultations. For a detailed
listing of regulatory requirements
applicable to the Project, please see the
COP, Volume I, available at https://
www.boem.gov/renewable-energy/stateactivities/vineyard-northeast.
(ii) BOEM has chosen to use the
NEPA process to fulfill its obligations
under the NHPA. While BOEM’s
obligations under the NHPA and NEPA
are independent, regulations
implementing section 106 of the NHPA
allow the NEPA process and
documentation to substitute for various
aspects of the NHPA review. See 36 CFR
800.8(c). This process is intended to
improve efficiency, promote
transparency and accountability, and
support a broadened discussion of
potential effects that the Project could
have on the human environment.
During preparation of the EIS, BOEM
will ensure that the NEPA process will
fully meet all NHPA obligations.
(iii) Schedule for the Decision-Making
Process
After the draft EIS is completed,
BOEM will publish a notice of
availability (NOA) and request public
comments on the draft EIS. BOEM
currently expects to issue the NOA for
the draft EIS in May 2025. After the
public comment period ends, BOEM
will review and respond to comments
received and will develop the final EIS.
BOEM currently expects to make the
final EIS available to the public in
February 2026. A ROD will be
completed no sooner than 30 days after
the final EIS is released, in accordance
with 40 CFR 1506.11.
This Project is a ‘‘covered project’’
under section 41 of the Fixing America’s
Surface Transportation Act (FAST–41).
FAST–41 provides increased
transparency and predictability by
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requiring Federal agencies to publish
comprehensive permitting timetables for
all covered projects. FAST–41 also
provides procedures for modifying
permitting timetables to address the
unpredictability inherent in the
environmental review and permitting
process for significant infrastructure
projects. To view the FAST–41
Permitting Dashboard for the Project,
visit: https://www.permits.performance.
gov/permitting-project/fast-41-coveredprojects/vineyard-northeast.
Scoping Process
This NOI commences the public
scoping process to identify issues and
potential alternatives for consideration
in the Vineyard Northeast EIS. BOEM
will hold two in-person and two virtual
public scoping meetings at the times
and dates described above under the
DATES heading. Throughout the scoping
process, Federal agencies, Tribes, State
and local governments, and the public
will have the opportunity to help BOEM
identify significant resources and issues,
impact-producing factors, reasonable
alternatives (e.g., size, geographic,
seasonal, or other restrictions on the
construction and siting of facilities and
activities), and potential mitigation
measures to be analyzed in the EIS, as
well as to provide additional
information.
As noted above, BOEM will use the
NEPA process to comply with the
NHPA. BOEM will consider all written
requests from individuals and
organizations to participate as
consulting parties under the NHPA and,
as discussed below, will determine who
among those parties will be a consulting
party in accordance with NHPA
regulations.
NEPA Cooperating Agencies
BOEM invites other Federal agencies
and State and local governments to
consider becoming cooperating agencies
and invites federally recognized Tribes
to become cooperating Tribal
governments in the preparation of this
EIS. The Council on Environmental
Quality (CEQ) NEPA regulations specify
that cooperating agencies and
governments are those with
‘‘jurisdiction by law or special
expertise.’’ Potential cooperating
agencies should consider their authority
and capacity to assume the
responsibilities of a cooperating agency
and should be aware that an agency’s
role in the environmental analysis
neither enlarges nor diminishes the final
decision-making authority of any other
agency involved in the NEPA process.
BOEM has provided potential
cooperating agencies with a written
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summary of expectations for
cooperating agencies, including
schedules, milestones, responsibilities,
scope and detail of cooperating
agencies’ expected contributions, and
availability of pre-decisional
information. BOEM anticipates that this
summary will form the basis for a
memorandum of agreement between
BOEM and any non-Department of the
Interior cooperating agency. Agencies
should also consider the factors for
determining cooperating agency status
in the CEQ memorandum entitled
‘‘Cooperating Agencies in Implementing
the Procedural Requirements of the
National Environmental Policy Act,’’
dated January 30, 2002. This document
is available at: https://www.energy.gov/
sites/prod/files/nepapub/nepa_
documents/RedDont/G-CEQCoopAgenciesImplem.pdf. BOEM, as the
lead agency, does not provide financial
assistance to cooperating agencies.
Governmental entities that are not
cooperating agencies will have
opportunities to provide information
and comments to BOEM during the
public input stages of the NEPA process.
NHPA Consulting Parties
khammond on DSKJM1Z7X2PROD with NOTICES
Individuals and organizations with a
demonstrated interest in the Project can
request to participate as NHPA
consulting parties under 36 CFR
800.2(c)(5) based on their legal or
economic stake in historic properties
affected by the Project.
Before issuing this NOI, BOEM
compiled a list of potential consulting
parties and invited them to become
consulting parties. To become a
consulting party, those invited must
respond in writing by the requested
response date.
Interested individuals and
organizations that did not receive a
written invitation can request to be
consulting parties by writing to the staff
NHPA contact at SWCA Environmental
Consultants (SWCA), the third-party EIS
contractor supporting BOEM in its
administration of this review. SWCA’s
NHPA contact for this review is
Jonathan Libbon at JLibbon@swca.com.
BOEM will determine which interested
parties should be consulting parties.
Public Participation
Federal agencies, Tribes, State and
local governments, and other interested
parties are requested to comment on the
scope of this EIS, significant issues that
should be addressed, and alternatives
that should be considered.
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18:08 Mar 22, 2024
Jkt 262001
Information on Submitting Comments
a. Freedom of Information Act
BOEM will protect privileged or
confidential information that you
submit when required by the Freedom
of Information Act (FOIA). Exemption 4
of FOIA applies to trade secrets and
commercial or financial information
that is privileged or confidential. If you
wish to protect the confidentiality of
such information, clearly label it and
request that BOEM treat it as
confidential. BOEM will not disclose
such information if BOEM determines
under 30 CFR 585.114(b) that it qualifies
for exemption from disclosure under
FOIA. Please label privileged or
confidential information ‘‘Contains
Confidential Information’’ and consider
submitting such information as a
separate attachment. Information that is
not labeled as privileged or confidential
may be regarded by BOEM as suitable
for public release.
BOEM will not treat as confidential
any aggregate summaries of such
information or comments not containing
such privileged or confidential
information.
b. Personally Identifiable Information
(PII)
BOEM discourages anonymous
comments. Please include your name
and address as part of your comment.
You should be aware that your entire
comment, including your name,
address, and any other personally
identifiable information included in
your comment, may be made publicly
available. All comments from
individuals, businesses, and
organizations will be available for
public viewing on regulations.gov.
For BOEM to consider withholding
your PII from disclosure, you must
identify any information contained in
your comments that, if released, would
constitute a clearly unwarranted
invasion of your personal privacy. You
must also briefly describe any possible
harmful consequences of the disclosure
of information, such as embarrassment,
injury, or other harm. Even if BOEM
withholds your information in the
context of this notice, your submission
is subject to FOIA. If your submission is
requested under FOIA, your information
will only be withheld if a determination
is made that one of FOIA’s exemptions
to disclosure applies. Such a
determination will be made in
accordance with the Department of the
Interior’s FOIA regulations and
applicable law.
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20695
c. Section 304 of the NHPA (54 U.S.C.
307103(a))
After consultation with the Secretary,
BOEM is required to withhold the
location, character, or ownership of
historic resources if it determines that
disclosure may, among other things, risk
harm to the historic resources or impede
the use of a traditional religious site by
practitioners. Tribal entities should
designate information that falls under
section 304 of the NHPA as confidential.
(iv) Request for Identification of
Potential Alternatives, Information, and
Analyses Relevant to the Proposed
Action
BOEM requests data, comments,
views, information, analysis,
alternatives, or suggestions relevant to
the proposed action from: the public;
affected Federal, Tribal, State, and local
governments, agencies, and offices; the
scientific community; industry; or any
other interested party. Specifically,
BOEM requests information on the
following topics:
1. Potential effects on biological
resources, including bats, birds, coastal
fauna, finfish, invertebrates, essential
fish habitat, marine mammals, and sea
turtles.
2. Potential effects on physical
resources and conditions including air
quality, water quality, wetlands, and
other waters of the United States.
3. Potential effects on socioeconomic
and cultural resources, including
commercial fisheries and for-hire
recreational fishing, demographics,
employment, economics, environmental
justice, land use and coastal
infrastructure, navigation and vessel
traffic, other uses (marine minerals,
military use, aviation), recreation and
tourism, and scenic and visual
resources.
4. Other possible reasonable
alternatives to the proposed action that
BOEM should consider, including
additional or alternative avoidance,
minimization, and mitigation measures.
5. As part of its compliance with
NHPA section 106 and its implementing
regulations (36 CFR part 800), BOEM
seeks comment and input from the
public and consulting parties regarding
the identification of historic properties
within the proposed action’s area of
potential effects, the potential effects on
those historic properties from the
activities proposed in the COP, and any
information that supports identification
of historic properties under NHPA.
BOEM also solicits proposed measures
to avoid, minimize, or mitigate any
adverse effects on historic properties.
BOEM will present available
E:\FR\FM\25MRN1.SGM
25MRN1
20696
Federal Register / Vol. 89, No. 58 / Monday, March 25, 2024 / Notices
information regarding known historic
properties during the public scoping
period at https://www.boem.gov/
renewable-energy/state-activities/
vineyard-northeast. BOEM’s effects
analysis for historic properties will be
available for public and consulting party
comment with the draft EIS.
6. Information on other current or
planned activities in, or in the vicinity
of, the Project, their possible impacts on
the Project, and the Project’s possible
impacts on those activities.
7. Other information relevant to the
proposed action and its impacts on the
human environment.
To promote informed decisionmaking, comments should be as specific
as possible and should provide as much
detail as necessary to meaningfully and
fully inform BOEM of the commenter’s
position. Comments should explain why
the issues raised are important to the
consideration of potential
environmental impacts and possible
alternatives to the proposed action, as
well as economic, employment, and
other impacts affecting the quality of the
human environment.
The draft EIS will include a summary
of all alternatives, information, and
analyses submitted during the scoping
process for consideration by BOEM and
the cooperating agencies.
(Authority: 42 U.S.C. 4321 et seq., and 40
CFR 1501.9)
[FR Doc. 2024–06161 Filed 3–22–24; 8:45 am]
BILLING CODE 4340–98–P
INTERNATIONAL TRADE
COMMISSION
[USITC SE–24–013]
Sunshine Act Meetings
United
States International Trade Commission.
TIME AND DATE: March 29, 2024 at 11
a.m.
PLACE: Room 101, 500 E Street SW,
Washington, DC 20436, Telephone:
(202) 205–2000.
STATUS: Open to the public.
MATTERS TO BE CONSIDERED:
1. Agendas for future meetings: none.
2. Minutes.
3. Ratification List.
4. Commission vote on Inv. Nos. 701–
TA–706–709 and 731–TA–1667–1672
(Preliminary) (Melamine from Germany,
India, Japan, Netherlands, Qatar, and
Trinidad and Tobago). The Commission
currently is scheduled to complete and
khammond on DSKJM1Z7X2PROD with NOTICES
VerDate Sep<11>2014
18:08 Mar 22, 2024
Jkt 262001
By order of the Commission.
Issued: March 20, 2024.
Sharon Bellamy,
Supervisory Hearings and Information
Officer.
[FR Doc. 2024–06297 Filed 3–21–24; 11:15 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
instantaneously available for public
view on https://www.regulations.gov. If
you have received a Comment Tracking
Number, your comment has been
successfully submitted and there is no
need to resubmit the same comment. All
requests for a hearing must be sent to:
(1) Drug Enforcement Administration,
Attn: Hearing Clerk/OALJ, 8701
Morrissette Drive, Springfield, Virginia
22152; and (2) Drug Enforcement
Administration, Attn: DEA Federal
Register Representative/DPW, 8701
Morrissette Drive, Springfield, Virginia
22152. All requests for a hearing should
also be sent to: Drug Enforcement
Administration, Attn: Administrator,
8701 Morrissette Drive, Springfield,
Virginia 22152.
SUPPLEMENTARY INFORMATION: In
accordance with 21 CFR 1301.34(a), this
is notice that on February 5, 2024,
Caligor Coghlan Pharma Services, 1500
Business Park Drive, Unit B, Bastrop,
Texas 78602, applied to be registered as
an importer of the following basic
class(es) of controlled substance(s):
Controlled substance
[Docket No. DEA–1340]
Importer of Controlled Substances
Application: Caligor Coghlan Pharma
Services
Drug Enforcement
Administration, Justice.
ACTION: Notice of application.
AGENCY:
Karen Baker,
Chief, Office of Renewable Energy Programs,
Bureau of Ocean Energy Management.
AGENCY HOLDING THE MEETING:
file its determinations on April 1, 2024;
views of the Commission currently are
scheduled to be completed and filed on
April 8, 2024.
5. Outstanding action jackets: none.
CONTACT PERSON FOR MORE INFORMATION:
Sharon Bellamy, Supervisory Hearings
and Information Officer, 202–205–2000.
The Commission is holding the
meeting under the Government in the
Sunshine Act, 5 U.S.C. 552(b). In
accordance with Commission policy,
subject matter listed above, not disposed
of at the scheduled meeting, may be
carried over to the agenda of the
following meeting.
Caligor Coghlan Pharma
Services has applied to be registered as
an importer of basic class(es) of
controlled substance(s). Refer to
SUPPLEMENTARY INFORMATION listed
below for further drug information.
DATES: Registered bulk manufacturers of
the affected basic class(es), and
applicants therefore, may submit
electronic comments on or objections to
the issuance of the proposed registration
on or before April 24, 2024. Such
persons may also file a written request
for a hearing on the application on or
before April 24, 2024.
ADDRESSES: The Drug Enforcement
Administration requires that all
comments be submitted electronically
through the Federal eRulemaking Portal,
which provides the ability to type short
comments directly into the comment
field on the web page or attach a file for
lengthier comments. Please go to
https://www.regulations.gov and follow
the online instructions at that site for
submitting comments. Upon submission
of your comment, you will receive a
Comment Tracking Number. Please be
aware that submitted comments are not
SUMMARY:
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Psilocyn ...........................
Drug
code
Schedule
I 7438 II
The company plans to import the
listed controlled substance as finished
dosage units for use in clinical trials. No
other activity for this drug code is
authorized for this registration.
Approval of permit applications will
occur only when the registrant’s
business activity is consistent with what
is authorized under 21 U.S.C. 952(a)(2).
Authorization will not extend to the
import of Food and Drug
Administration-approved or nonapproved finished dosage forms for
commercial sale.
Marsha Ikner,
Acting Deputy Assistant Administrator.
[FR Doc. 2024–06178 Filed 3–22–24; 8:45 am]
BILLING CODE P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. DEA–1334]
Importer of Controlled Substances
Application: Hybrid Pharma
Drug Enforcement
Administration, Justice.
ACTION: Notice of application.
AGENCY:
Hybrid Pharma has applied to
be registered as an importer of basic
class(es) of controlled substance(s).
Refer to SUPPLEMENTARY INFORMATION
SUMMARY:
E:\FR\FM\25MRN1.SGM
25MRN1
Agencies
[Federal Register Volume 89, Number 58 (Monday, March 25, 2024)]
[Notices]
[Pages 20691-20696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06161]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
[Docket No. BOEM-2024-0009]
Notice of Intent To Prepare an Environmental Impact Statement for
the Proposed Vineyard Northeast Project on the U.S. Outer Continental
Shelf Offshore Massachusetts
AGENCY: Bureau of Ocean Energy Management, Interior.
ACTION: Notice of intent to prepare an environmental impact statement;
request for comments.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Ocean Energy Management (BOEM) announces its
intent to prepare an environmental impact statement (EIS) for a
construction and operations plan (COP) of a proposed offshore wind
energy project submitted by Vineyard Northeast, LLC (Vineyard
Northeast). This notice of intent (NOI) initiates the public scoping
and comment process under the National Environmental Policy Act (NEPA),
section 106 of the National Historic Preservation Act (NHPA), and their
respective implementing regulations. Vineyard Northeast proposes to
construct and operate the project in Renewable Energy Lease Area OCS-A
0522 (Lease Area), which encompasses approximately 132,370 acres and is
located approximately 29 miles from Nantucket and approximately 39
miles from Martha's Vineyard, offshore of Massachusetts. Vineyard
Northeast proposes to develop the entire Lease Area.
DATES: Your comments must be received by BOEM no later than May 9, 2024
for timely consideration. BOEM will hold two in-person and two virtual
public scoping meetings at the following dates and times (eastern
time):
In Person:
Wednesday, April 17, 2024, 5 p.m.-9 p.m., Clark
Auditorium, Mitchell
[[Page 20692]]
College, 437 Pequot Avenue, New London, Connecticut 06320; and
Thursday, April 18, 2024, 5 p.m.-9 p.m., Westport High
School Cafeteria, 17 Main Road, Westport, Massachusetts 02790.
Virtual:
Monday, April 15, 2024, 1 p.m.-ending; and
Monday, April 22, 2024, 5 p.m.-ending.
Registration for the virtual public meetings may be completed here:
https://www.boem.gov/renewable-energy/state-activities/vineyard-northeast or by calling (888) 788-0099 (toll free). Registration for
in-person meetings will occur on site. The meetings are open to the
public and free to attend.
ADDRESSES: Written comments can be submitted in any of the following
ways:
Delivered by U.S. mail or other delivery service, enclosed
in an envelope labeled ``Vineyard Northeast EIS'' and addressed to
Heather Schultz, NEPA Coordinator, Environment Branch for Renewable
Energy, Bureau of Ocean Energy Management, 45600 Woodland Road, VAM-
OREP, Sterling, Virginia 20166; or
Through the regulations.gov web portal: Navigate to
https://www.regulations.gov and search for Docket No. BOEM-2024-0009.
Select the document in the search results on which you want to comment,
click on the ``Comment'' button, and follow the online instructions for
submitting your comment. A commenter's checklist is available on the
comment web page. Enter your information and comment, then click
``Submit.''
For more information about submitting comments, please see the
``Public Participation'' heading under Supplementary Information.
Detailed information about the proposed Project, including the COP,
and instructions for making written comments, can be found on BOEM's
website at: https://www.boem.gov/renewable-energy/state-activities/vineyard-northeast.
FOR FURTHER INFORMATION CONTACT: Heather Schultz, Office of Renewable
Energy Programs, Bureau of Ocean Energy Management, 45600 Woodland
Road, Sterling, Virginia 20166, telephone (571) 396-1485, or email
[email protected].
SUPPLEMENTARY INFORMATION:
Purpose of and Need for the Proposed Action
In Executive Order 14008, ``Tackling the Climate Crisis at Home and
Abroad,'' issued on January 27, 2021, President Joseph R. Biden stated
that the policy of his administration is ``to organize and deploy the
full capacity of its agencies to combat the climate crisis to implement
a Government-wide approach that reduces climate pollution in every
sector of the economy; increases resilience to the impacts of climate
change; protects public health; conserves our lands, waters, and
biodiversity; delivers environmental justice; and spurs well-paying
union jobs and economic growth, especially through innovation,
commercialization, and deployment of clean energy technologies and
infrastructure.''
Through a competitive leasing process conducted under 30 CFR
585.211, BOEM awarded Vineyard Northeast the Lease Area OCS-A 0522,
covering an area on the Outer Continental Shelf (OCS) offshore
Massachusetts. Vineyard Northeast has the exclusive right to submit a
COP for activities within the Lease Area. Vineyard Northeast has
submitted a COP to BOEM proposing the construction, operation, and
conceptual decommissioning of an offshore wind energy facility in Lease
Area OCS-A 0522 (the Project).
Vineyard Northeast's goal is to develop a commercial-scale,
offshore wind energy project in the Lease Area. The proposed action
includes a maximum of 160 positions occupied by up to 160 WTGs and up
to 3 ESPs, or some combination thereof, within the Lease Area. Up to
three of those positions would be occupied by ESPs and the remaining
positions would be occupied by WTGs. In addition, the proposed action
includes a potential booster station in the northwestern part of Lease
Area OCS-A 0534. Three ESP concepts are included in the project design
envelope: high voltage, direct current (HVDC) ESP; high voltage,
alternating current ESP + booster station; and integrated ESP. If two
or three ESPs are used, they may be co-located at the same grid
position (co-located ESPs would only be installed on monopiles).
The integrated ESP concept entails placing ESP equipment on one or
more expanded WTG foundation platforms rather than having a separate
ESP situated on its own foundation. With this concept, the ESP
electrical equipment may be placed on numerous (i.e., more than three)
WTG foundations.
The proposed project would have a minimum nameplate capacity of
2,600 megawatts (MW) and two offshore export cable corridors (OECCs)--
one to Connecticut and one to Massachusetts--and associated onshore
transmission systems.
Vineyard Northeast is actively seeking one or more offshore
renewable energy certificate (OREC) or power purchase agreement (PPA)
awards for this project. Vineyard Northeast is seeking approval of
phase 1 in this COP, and the EIS to which this NOI applies covers only
phase 1 as described above.
Vineyard Northeast has also provided BOEM with a high-level
description of potential future activities they may undertake as a
latter phase 2. However, those activities are not under consideration
in this EIS and are not subject to a final BOEM decision on this COP.
Rather, phase 2 is discussed as a potential future activity for which
Vineyard Northeast would need to submit a revised or additional COP,
which would be subject to additional review under NEPA and other
relevant laws.
This proposed Project is intended to contribute to Connecticut's
mandate of 2,000 MW of offshore wind energy by 2030, as outlined in
Connecticut Public Act 19-71, and to Massachusetts's goal to solicit
proposals to contract for 5,600 MW of offshore wind energy by 2027, a
goal that was substantially increased from the 1,600 MW target
announced in the 2016 Act to Promote Energy Diversity (in accordance
with section 83C of Massachusetts's Green Communities Act as added by
Chapter 188 of the Acts of 2016, An Act to Promote Energy Diversity
[section 83C]). This Project may also contribute to the clean energy
mandates of Rhode Island (pursuant to the Affordable Clean Energy
Security Act, R.I. Gen. Laws 39-31-5, as amended effective July 1,
2022) and New York State (pursuant to the Climate Leadership and
Community Protection Act).
Based on BOEM's authority under the Outer Continental Shelf Lands
Act (OCSLA) to authorize renewable energy activities on the OCS,
Executive Order 14008, and the goal of the administration to deploy 30
gigawatts (GW) of offshore wind in the United States by 2030, while
protecting biodiversity and promoting ocean co-use,\1\ and in
consideration of the goals of the applicant, the purpose of BOEM's
action is to determine whether to approve, approve with modifications,
or disapprove Vineyard Northeast's COP. BOEM will make this
determination
[[Page 20693]]
after weighing the factors in subsection 8(p)(4) of OCSLA that are
applicable to plan decisions and in consideration of the above goals.
BOEM's action is needed to fulfill its duties under the lease, which
require BOEM to make a decision on the lessee's plan to construct and
operate a commercial-scale offshore wind energy facility in the Lease
Area, in accordance with the relevant regulations in 30 CFR part 585.
---------------------------------------------------------------------------
\1\ Fact Sheet: Biden Administration Jumpstarts Offshore Wind
Energy Projects to Create Jobs [verbar] Interior, Energy, Commerce,
and Transportation Departments Announce New Leasing, Funding, and
Development Goals to Accelerate and Deploy Offshore Wind Energy and
Jobs [verbar] The White House https://www.whitehouse.gov/briefing-room/statements-releases/2021/03/29/fact-sheet-biden-administration-jumpstarts-offshore-wind-energy-projects-to-create-jobs/.
---------------------------------------------------------------------------
In addition, the National Oceanic and Atmospheric Administration's
(NOAA's) National Marine Fisheries Service (NMFS) anticipates one or
more requests for authorization under the Marine Mammal Protection Act
(MMPA) to take marine mammals incidental to construction activities
related to the Project. NMFS' issuance of an MMPA incidental take
authorization would be a major Federal action connected to BOEM's
action (40 CFR 1501.9(e)(1)). The purpose of the NMFS action--which is
a direct outcome of Vineyard Northeast's request for authorization to
take marine mammals incidental to specified activities associated with
the proposed Project (e.g., pile driving)--is to evaluate Vineyard
Northeast's request pursuant to specific requirements of the MMPA and
its implementing regulations administered by NMFS, considering impacts
of the applicant's activities on relevant resources, and if
appropriate, issue the permit or authorization. NMFS needs to render a
decision regarding the request for authorization due to NMFS'
responsibilities under the MMPA (16 U.S.C. 1371(a)(5)(A)) and its
implementing regulations. If NMFS makes the findings necessary to issue
the requested authorization, NMFS intends to adopt, after independent
review, BOEM's EIS to support that decision and fulfill its NEPA
requirements.
The U.S. Army Corps of Engineers (USACE) New England District
anticipates requests for authorizing a permit action to be undertaken
through authority delegated to the District Engineer by 33 CFR 325.8,
under section 10 of the Rivers and Harbors Act of 1899 (RHA) (33 U.S.C.
403), section 404 of the Clean Water Act (CWA) (33 U.S.C. 1344), and,
as required, section 103 of the Marine Protection, Research, and
Sanctuaries Act of 1972 (33 U.S.C. 1413). In addition, it is
anticipated that a section 408 permission may be required pursuant to
section 14 of the RHA (33 U.S.C. 408) for any proposed alterations that
have the potential to alter, occupy, or use any federally authorized
civil works projects. The USACE considers issuance of permits/
permissions under these four delegated authorities to be a major
Federal action connected to BOEM's action (40 CFR 1501.9(e)(1)). The
need for the project, as provided by the applicant in section 1.2 of
the COP and reviewed by USACE for NEPA purposes, is to provide a
commercially viable offshore wind energy project within Lease OCS-A
0522 to meet northeastern states' and other users' demand for clean
energy. The basic project purpose, as determined by USACE for section
404(b)(1) guidelines evaluation, is offshore wind energy generation.
The overall project purpose for section 404(b)(1) guidelines
evaluation, as determined by USACE, is the construction and operation
of a commercial-scale offshore wind energy project for renewable energy
generation in Lease OCS-A 0522 within the Massachusetts Wind Energy
Area and transmission/distribution to the Connecticut and Massachusetts
energy grids.
The purpose of USACE section 408 action as determined by Engineer
Circular 1165-2-220 is to evaluate the applicant's request and
determine whether the proposed alterations are injurious to the public
interest or impair the usefulness of a USACE project. USACE section 408
permission is needed to ensure that congressionally authorized projects
continue to provide their intended benefits to the public.
USACE intends to adopt BOEM's EIS to support its decision on any
permits and permissions requested under section 10 of the RHA, section
404 of the CWA, section 14 of the RHA, and section 103 of the MPRSA.
The USACE would adopt the EIS per 40 CFR 1506.3 if, after its
independent review of the document, it concludes that the EIS satisfies
the USACE's comments and recommendations. Based on its participation as
a cooperating agency and its consideration of the final EIS, the USACE
would issue a record of decision to formally document its decision on
the proposed action.
Proposed Action and Preliminary Alternatives
Vineyard Northeast proposes to develop, construct, and operate
offshore renewable wind energy facilities BOEM Lease Area OCS-A 0522
along with associated offshore and onshore transmission systems. The
proposed action includes a maximum of 160 positions occupied by up to
160 WTGs and up to 3 ESPs, or some combination thereof, within the
Lease Area. Up to three of those positions would be occupied by ESPs
and the remaining positions would be occupied by WTGs. In addition, the
proposed action includes a potential booster station in the
northwestern aliquot of Lease Area OCS-A 0534. Two offshore OECCs--the
Massachusetts OECC and the Connecticut OECC--would connect the
renewable wind energy facilities to onshore transmission systems in
Massachusetts and Connecticut.
Vineyard Northeast is considering monopile and piled-jacket
foundation types to support the WTGs and ESPs. Each ESP and booster
station topside would be supported by a monopile or a piled jacket
foundation. The ESP(s) may be located at any proposed position. If two
or three ESPs are used, they may be located at separate positions or
two of the ESPs may be co-located at one of the potential grid
positions. Up to two HVDC cable bundles or up to three high voltage
alternating current (HVAC) cables may be installed within the
Massachusetts OECC. Up to two HVDC offshore export cable bundles may be
installed within the Connecticut OECC. If HVAC offshore export cables
are installed within the Massachusetts OECC, the cables would connect
to the above-noted booster station.
BOEM will evaluate reasonable alternatives to the proposed action
that are identified during the scoping period and included in the draft
EIS, including a No Action Alternative. Under the No Action
Alternative, BOEM would disapprove the Vineyard Northeast COP, and the
proposed wind energy facility described in the COP would not be built
within the Lease Area.
In addition to the proposed action and the no action alternative
(i.e., disapproval of the COP), potential alternatives that the draft
EIS could analyze include the following preliminary alternatives:
Modified Layout Alternative: Design layout to minimize
potential impacts to cultural, visual, navigation, and other resource
values.
Nantucket Shoals Minimization Alternative: BOEM intends to
design an alternative to avoid and minimize potential impacts to
protected species and habitats around Nantucket Shoals.
Habitat/Fisheries Impact Minimization Alternative: BOEM
intends to examine alternatives that would reduce potential impacts to
fish habitats and fishing activities.
After completing the EIS and associated consultations, BOEM will
decide through a record of decision (ROD) whether to approve, approve
with modification, or disapprove the Vineyard Northeast Project COP. If
BOEM approves the COP, Vineyard Northeast must comply with all
conditions of approval.
[[Page 20694]]
Summary of Potential Impacts
The draft EIS will identify and describe the potential effects of
the proposed action and the alternatives on the human environment.
Those potential effects must be reasonably foreseeable and must have a
reasonably close causal relationship to the proposed action and the
alternatives. Such effects include those that occur at the same time
and place as the proposed action and alternatives, as well as those
that are later in time or occur in a different place. Potential effects
include, but are not limited to, beneficial or adverse impacts on: air
quality, water quality, bats, benthic habitat, essential fish habitat,
invertebrates, finfish, birds, marine mammals, terrestrial and coastal
habitats and fauna, sea turtles, wetlands and other waters of the
United States, commercial fisheries and for-hire recreational fishing,
cultural resources, Tribal issues of concern, demographics, employment,
economics, environmental justice, land use and coastal infrastructure,
navigation and vessel traffic, other marine uses, recreation and
tourism, and visual resources. These potential effects will be analyzed
in the draft and final EIS.
Based on a preliminary evaluation of the resources listed in the
preceding paragraph, BOEM expects potential impacts on sea turtles and
marine mammals from underwater noise caused by construction and from
collision risks with Project-related vessel traffic. Structures
installed by the Project could permanently change benthic and fish
habitats (e.g., creation of artificial reefs). Commercial fisheries and
for-hire recreational fishing could be impacted. Project structures
above the water could affect the visual character defining historic
properties and recreational and tourism areas. Project structures also
would pose an allision and height hazard to vessels passing close by,
and vessels would, in turn, pose a hazard to the structures.
Additionally, the Project could cause conflicts with military
activities, air traffic, land-based radar services, cables and
pipelines, and scientific surveys. The EIS will analyze all significant
impacts, as well as potential measures that would avoid, minimize, or
mitigate identified non-beneficial impacts.
Beneficial impacts are also expected by facilitating achievement of
State renewable energy goals, increasing job opportunities, improving
air quality, and addressing climate change. The construction of
Vineyard Northeast is also estimated to generate at least ~$1.63
billion in total labor income and ~$4.65 billion in output. The
operation of Vineyard Northeast is projected to generate approximately
17,046 full-time equivalent (FTE) job-years assuming a 30-year
operational life (equivalent to 568 direct, indirect, and induced FTEs
annually), as well as at least ~$1.19 billion in total annual labor
income and ~$4.62 billion in output.
(i) Anticipated Permits and Authorizations
In addition to the requested COP approval, various other Federal,
State, and local authorizations will be required for the Project.
Applicable Federal laws include the Endangered Species Act,
Magnuson[hyphen]Stevens Fishery Conservation and Management Act, MMPA,
RHA, CWA, Clean Air Act section 328, and the Coastal Zone Management
Act. BOEM will also conduct government-to-government Tribal
consultations. For a detailed listing of regulatory requirements
applicable to the Project, please see the COP, Volume I, available at
https://www.boem.gov/renewable-energy/state-activities/vineyard-northeast.
(ii) BOEM has chosen to use the NEPA process to fulfill its
obligations under the NHPA. While BOEM's obligations under the NHPA and
NEPA are independent, regulations implementing section 106 of the NHPA
allow the NEPA process and documentation to substitute for various
aspects of the NHPA review. See 36 CFR 800.8(c). This process is
intended to improve efficiency, promote transparency and
accountability, and support a broadened discussion of potential effects
that the Project could have on the human environment. During
preparation of the EIS, BOEM will ensure that the NEPA process will
fully meet all NHPA obligations.
(iii) Schedule for the Decision-Making Process
After the draft EIS is completed, BOEM will publish a notice of
availability (NOA) and request public comments on the draft EIS. BOEM
currently expects to issue the NOA for the draft EIS in May 2025. After
the public comment period ends, BOEM will review and respond to
comments received and will develop the final EIS. BOEM currently
expects to make the final EIS available to the public in February 2026.
A ROD will be completed no sooner than 30 days after the final EIS is
released, in accordance with 40 CFR 1506.11.
This Project is a ``covered project'' under section 41 of the
Fixing America's Surface Transportation Act (FAST-41). FAST-41 provides
increased transparency and predictability by requiring Federal agencies
to publish comprehensive permitting timetables for all covered
projects. FAST-41 also provides procedures for modifying permitting
timetables to address the unpredictability inherent in the
environmental review and permitting process for significant
infrastructure projects. To view the FAST-41 Permitting Dashboard for
the Project, visit: https://www.permits.performance.gov/permitting-project/fast-41-covered-projects/vineyard-northeast.
Scoping Process
This NOI commences the public scoping process to identify issues
and potential alternatives for consideration in the Vineyard Northeast
EIS. BOEM will hold two in-person and two virtual public scoping
meetings at the times and dates described above under the DATES
heading. Throughout the scoping process, Federal agencies, Tribes,
State and local governments, and the public will have the opportunity
to help BOEM identify significant resources and issues, impact-
producing factors, reasonable alternatives (e.g., size, geographic,
seasonal, or other restrictions on the construction and siting of
facilities and activities), and potential mitigation measures to be
analyzed in the EIS, as well as to provide additional information.
As noted above, BOEM will use the NEPA process to comply with the
NHPA. BOEM will consider all written requests from individuals and
organizations to participate as consulting parties under the NHPA and,
as discussed below, will determine who among those parties will be a
consulting party in accordance with NHPA regulations.
NEPA Cooperating Agencies
BOEM invites other Federal agencies and State and local governments
to consider becoming cooperating agencies and invites federally
recognized Tribes to become cooperating Tribal governments in the
preparation of this EIS. The Council on Environmental Quality (CEQ)
NEPA regulations specify that cooperating agencies and governments are
those with ``jurisdiction by law or special expertise.'' Potential
cooperating agencies should consider their authority and capacity to
assume the responsibilities of a cooperating agency and should be aware
that an agency's role in the environmental analysis neither enlarges
nor diminishes the final decision-making authority of any other agency
involved in the NEPA process.
BOEM has provided potential cooperating agencies with a written
[[Page 20695]]
summary of expectations for cooperating agencies, including schedules,
milestones, responsibilities, scope and detail of cooperating agencies'
expected contributions, and availability of pre-decisional information.
BOEM anticipates that this summary will form the basis for a memorandum
of agreement between BOEM and any non-Department of the Interior
cooperating agency. Agencies should also consider the factors for
determining cooperating agency status in the CEQ memorandum entitled
``Cooperating Agencies in Implementing the Procedural Requirements of
the National Environmental Policy Act,'' dated January 30, 2002. This
document is available at: https://www.energy.gov/sites/prod/files/nepapub/nepa_documents/RedDont/G-CEQ-CoopAgenciesImplem.pdf. BOEM, as
the lead agency, does not provide financial assistance to cooperating
agencies.
Governmental entities that are not cooperating agencies will have
opportunities to provide information and comments to BOEM during the
public input stages of the NEPA process.
NHPA Consulting Parties
Individuals and organizations with a demonstrated interest in the
Project can request to participate as NHPA consulting parties under 36
CFR 800.2(c)(5) based on their legal or economic stake in historic
properties affected by the Project.
Before issuing this NOI, BOEM compiled a list of potential
consulting parties and invited them to become consulting parties. To
become a consulting party, those invited must respond in writing by the
requested response date.
Interested individuals and organizations that did not receive a
written invitation can request to be consulting parties by writing to
the staff NHPA contact at SWCA Environmental Consultants (SWCA), the
third-party EIS contractor supporting BOEM in its administration of
this review. SWCA's NHPA contact for this review is Jonathan Libbon at
[email protected]. BOEM will determine which interested parties should
be consulting parties.
Public Participation
Federal agencies, Tribes, State and local governments, and other
interested parties are requested to comment on the scope of this EIS,
significant issues that should be addressed, and alternatives that
should be considered.
Information on Submitting Comments
a. Freedom of Information Act
BOEM will protect privileged or confidential information that you
submit when required by the Freedom of Information Act (FOIA).
Exemption 4 of FOIA applies to trade secrets and commercial or
financial information that is privileged or confidential. If you wish
to protect the confidentiality of such information, clearly label it
and request that BOEM treat it as confidential. BOEM will not disclose
such information if BOEM determines under 30 CFR 585.114(b) that it
qualifies for exemption from disclosure under FOIA. Please label
privileged or confidential information ``Contains Confidential
Information'' and consider submitting such information as a separate
attachment. Information that is not labeled as privileged or
confidential may be regarded by BOEM as suitable for public release.
BOEM will not treat as confidential any aggregate summaries of such
information or comments not containing such privileged or confidential
information.
b. Personally Identifiable Information (PII)
BOEM discourages anonymous comments. Please include your name and
address as part of your comment. You should be aware that your entire
comment, including your name, address, and any other personally
identifiable information included in your comment, may be made publicly
available. All comments from individuals, businesses, and organizations
will be available for public viewing on regulations.gov.
For BOEM to consider withholding your PII from disclosure, you must
identify any information contained in your comments that, if released,
would constitute a clearly unwarranted invasion of your personal
privacy. You must also briefly describe any possible harmful
consequences of the disclosure of information, such as embarrassment,
injury, or other harm. Even if BOEM withholds your information in the
context of this notice, your submission is subject to FOIA. If your
submission is requested under FOIA, your information will only be
withheld if a determination is made that one of FOIA's exemptions to
disclosure applies. Such a determination will be made in accordance
with the Department of the Interior's FOIA regulations and applicable
law.
c. Section 304 of the NHPA (54 U.S.C. 307103(a))
After consultation with the Secretary, BOEM is required to withhold
the location, character, or ownership of historic resources if it
determines that disclosure may, among other things, risk harm to the
historic resources or impede the use of a traditional religious site by
practitioners. Tribal entities should designate information that falls
under section 304 of the NHPA as confidential.
(iv) Request for Identification of Potential Alternatives, Information,
and Analyses Relevant to the Proposed Action
BOEM requests data, comments, views, information, analysis,
alternatives, or suggestions relevant to the proposed action from: the
public; affected Federal, Tribal, State, and local governments,
agencies, and offices; the scientific community; industry; or any other
interested party. Specifically, BOEM requests information on the
following topics:
1. Potential effects on biological resources, including bats,
birds, coastal fauna, finfish, invertebrates, essential fish habitat,
marine mammals, and sea turtles.
2. Potential effects on physical resources and conditions including
air quality, water quality, wetlands, and other waters of the United
States.
3. Potential effects on socioeconomic and cultural resources,
including commercial fisheries and for-hire recreational fishing,
demographics, employment, economics, environmental justice, land use
and coastal infrastructure, navigation and vessel traffic, other uses
(marine minerals, military use, aviation), recreation and tourism, and
scenic and visual resources.
4. Other possible reasonable alternatives to the proposed action
that BOEM should consider, including additional or alternative
avoidance, minimization, and mitigation measures.
5. As part of its compliance with NHPA section 106 and its
implementing regulations (36 CFR part 800), BOEM seeks comment and
input from the public and consulting parties regarding the
identification of historic properties within the proposed action's area
of potential effects, the potential effects on those historic
properties from the activities proposed in the COP, and any information
that supports identification of historic properties under NHPA. BOEM
also solicits proposed measures to avoid, minimize, or mitigate any
adverse effects on historic properties. BOEM will present available
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information regarding known historic properties during the public
scoping period at https://www.boem.gov/renewable-energy/state-activities/vineyard-northeast. BOEM's effects analysis for historic
properties will be available for public and consulting party comment
with the draft EIS.
6. Information on other current or planned activities in, or in the
vicinity of, the Project, their possible impacts on the Project, and
the Project's possible impacts on those activities.
7. Other information relevant to the proposed action and its
impacts on the human environment.
To promote informed decision-making, comments should be as specific
as possible and should provide as much detail as necessary to
meaningfully and fully inform BOEM of the commenter's position.
Comments should explain why the issues raised are important to the
consideration of potential environmental impacts and possible
alternatives to the proposed action, as well as economic, employment,
and other impacts affecting the quality of the human environment.
The draft EIS will include a summary of all alternatives,
information, and analyses submitted during the scoping process for
consideration by BOEM and the cooperating agencies.
(Authority: 42 U.S.C. 4321 et seq., and 40 CFR 1501.9)
Karen Baker,
Chief, Office of Renewable Energy Programs, Bureau of Ocean Energy
Management.
[FR Doc. 2024-06161 Filed 3-22-24; 8:45 am]
BILLING CODE 4340-98-P