Notice of Intent To Prepare an Environmental Impact Statement for the Proposed Vineyard Mid-Atlantic Project on the U.S. Outer Continental Shelf Offshore New York, 3917-3921 [2025-00733]
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Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Notices
extended for an additional 20-year
period. The lands are described as
follows:
Sixth Principal Meridian, Wyoming
T. 22 N., R. 105 W.,
Sec. 11, NE1⁄4SE11⁄4SE1⁄4,
N1⁄2SW1⁄4SE1⁄4SE1⁄4;
Sec. 12, W1⁄2NW1⁄4SW1⁄4SW1⁄4.
The areas described aggregate 20
acres, according to the official plat of
survey of the said lands, on file with the
BLM.
2. This withdrawal will expire 20
years from the effective date of this
Order unless, as a result of a review
conducted prior to the expiration date
pursuant to section 204(f) of the Federal
Land Policy and Management Act of
1976, 43 U.S.C. 1714(f), the Secretary
determines that the withdrawal shall be
further extended.
(Authority: 43 U.S.C. 1714)
Robert T. Anderson,
Solicitor.
[FR Doc. 2025–00776 Filed 1–14–25; 8:45 am]
BILLING CODE 4331–26–P
DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
[Docket No. BOEM 2025–0002]
Notice of Intent To Prepare an
Environmental Impact Statement for
the Proposed Vineyard Mid-Atlantic
Project on the U.S. Outer Continental
Shelf Offshore New York
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) (Unique
Identification Number DOI–BOEM–
OREP–2025–0001–EIS) for a
construction and operations plan (COP)
of an offshore wind energy facility
submitted by Vineyard Mid-Atlantic,
LLC (hereinafter referred to as Vineyard
Mid-Atlantic or Proponent). This notice
of intent (NOI) initiates the public
scoping and comment process under the
National Environmental Policy Act
(NEPA) and under section 106 of the
National Historic Preservation Act
(NHPA). Vineyard Mid-Atlantic
proposes to construct and operate the
facility in Renewable Energy Lease Area
OCS–A 0544 (Lease Area), which is
approximately 43,056 acres and located
approximately 24 statute miles (mi)
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SUMMARY:
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offshore, south of Fire Island, New York,
and approximately 60 statute mi
offshore New Jersey. Vineyard MidAtlantic proposes to develop the entire
Lease Area.
DATES: Your comments must be received
by BOEM no later than March 3, 2025
for timely consideration. BOEM will
hold three virtual public scoping
meetings at the following dates and
times (eastern time):
• Thursday, February 6, 5:00 p.m.—
ending;
• Tuesday, February 11, 5:00 p.m.—
ending; and
• Wednesday, February 19, 1:00
p.m.—ending.
Registration for the virtual public
meetings may be completed here:
https://www.boem.gov/renewableenergy/state-activities/vineyard-midatlantic-ocs-0544 or by calling (888)
788–0099 (toll free). 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 MidAtlantic EIS’’ and addressed to Lindy
Nelson, NEPA Coordinator,
Environmental 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 www.regulations.gov
and search for Docket No. BOEM–2025–
0002. 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-mid-atlantic-ocs-0544.
FOR FURTHER INFORMATION CONTACT:
Lindy Nelson, Office of Renewable
Energy Programs, Bureau of Ocean
Energy Management, 45600 Woodland
Road, Sterling, Virginia 20166,
telephone (703) 787–1460, or email
Lindy.Nelson@boem.gov.
SUPPLEMENTARY INFORMATION:
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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 Commercial Lease
OCS–A 0544 to Vineyard Mid-Atlantic,
covering an area offshore New York.
BOEM approved an assignment of 100
percent interest in the lease to Vineyard
Mid-Atlantic in April 2022. Vineyard
Mid-Atlantic has the exclusive right to
submit a COP for activities within the
Lease Area. Vineyard Mid-Atlantic
submitted a COP to BOEM proposing
the construction, operation,
maintenance, and conceptual
decommissioning of an offshore wind
energy facility consisting of up to two
commercial-scale offshore wind energy
projects in Lease Area OCS–A 0544,
referred to collectively as the Vineyard
Mid-Atlantic Offshore Wind Project (the
Project).
Vineyard Mid-Atlantic’s goal is to
develop up to two commercial-scale
offshore wind energy project(s) in the
Lease Area to provide renewable energy
to the State of New York. New York
State’s Climate Leadership and
Community Protection Act mandates
that at least 70% of the State’s
electricity come from renewable energy
sources by 2030, calls for the
development of 9 gigawatts (GW) of
offshore wind energy by 2035, and
mandates that greenhouse gas (GHG)
emissions be reduced 85% below 1990
levels by 2050. Vineyard Mid-Atlantic’s
ability to deliver ∼2 GW of power is
needed to meet the State’s clean energy
goals. The Project will help further
diversify New York State’s electricity
supply, increase energy reliability, and
reduce GHG emissions. Vineyard MidAtlantic is actively seeking one or more
offshore renewable energy certificate or
power purchase agreement awards.
Vineyard Mid-Atlantic proposes to
use up to 118 positions in the Lease
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Area to be occupied by up to 117 wind
turbine generators (WTGs) and up to 2
electrical service platforms (ESPs). In
accordance with the lease stipulations,
the WTGs and ESP(s) would be oriented
in west-northwest to east-southeast rows
and north to south columns with 0.68
nautical mile (nm) (1.3 kilometer [km])
spacing between positions. Inter-array
cables would transmit power from
groups of WTGs to the ESP(s). If two
ESPs are used, they may be connected
with inter-link cables. Up to six high
voltage alternating current (HVAC)
cables, two high voltage direct current
(HVDC) cable bundles, or a combination
of up to four HVAC cables/HVDC cable
bundles would be installed within an
Offshore Export Cable Corridor (OECC)
to transmit to shore the electricity
collected at the ESP(s).
The OECC extends from the northern
end of the Lease Area, continues west
along the boundary of neighboring Lease
Area OCS–A 0512, and then proceeds
northwest across the Ambrose to
Nantucket and Nantucket to Ambrose
Traffic Lanes towards the southern
shore of Long Island, New York. As the
OECC approaches shore, it splits into
three variations to connect to three
potential landfall site(s) (of which, up to
two would be used): the Rockaway
Beach Landfall Site, the Atlantic Beach
Landfall Site, and the Jones Beach
Landfall Site. Vineyard Mid-Atlantic
has also identified a ‘‘Western Landfall
Sites OECC Variant’’ that may be used
for routing offshore export cables to the
Rockaway Beach and Atlantic Beach
Landfall Sites.
Onshore export cables would connect
up to two of the three potential landfall
site(s) to two new onshore substations
in Nassau County and/or Suffolk
County, New York. If HVAC cables are
used, an onshore reactive compensation
station may be located along each
onshore export cable route to manage
the export cables’ reactive power
(unusable electricity), increase the
transmission system’s operational
efficiency, reduce conduction losses,
and minimize excess heating. Grid
interconnection cables would connect
the new onshore substations to up to
two of the existing East Garden City
Substation (Uniondale) Point of
Interconnection (POI) in Uniondale,
New York, the Ruland Road Substation
POI in Melville, New York, or the
proposed Eastern Queens Substation
POI in Queens, New York.
Based on BOEM’s authority under the
Outer Continental Shelf Lands Act
(OCSLA) to authorize renewable energy
activities on the OCS; Executive Order
14008; the shared goals of the Federal
agencies to deploy 30 GW of offshore
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wind in the United States by 2030,
while protecting biodiversity and
promoting ocean co-use; 1 and in
consideration of the Proponent’s goals;
the purpose of BOEM’s action is to
determine whether to approve, approve
with conditions, or disapprove Vineyard
Mid-Atlantic’s COP. BOEM will make
its determination 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(ies) in the Lease Area, in
accordance with the relevant regulations
in 30 CFR part 585.
In addition, the National Oceanic and
Atmospheric Administration’s National
Marine Fisheries Service (NMFS)
anticipates one or more requests for
authorization under the Marine
Mammal Protection Act (MMPA) (16
U.S.C. 1361 et seq.) 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 1501.3(b)). The purpose of the
NMFS action—which is a direct
outcome of Vineyard Mid-Atlantic’s
request for authorization to take marine
mammals incidental to specified
activities associated with the Project
(e.g., pile driving)—is to evaluate
Vineyard Mid-Atlantic’s request
pursuant to specific requirements of the
MMPA and its implementing
regulations administered by NMFS,
considering impacts of the Vineyard
Mid-Atlantic Offshore Wind Project’s
activities on relevant resources and, if
appropriate, to issue the permit or
authorization. NMFS needs to render a
decision regarding the request for
authorization due to NMFS’s
responsibilities under the MMPA (16
U.S.C. 1371(a)(5)(A)&(D)) 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.
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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The U.S. Army Corps of Engineers
(USACE) New York 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), and section 404 of the
Clean Water Act (CWA) (33 U.S.C.
1344). In addition, it is anticipated that
a section 408 permission will 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 existing
federally authorized civil works
projects.
The USACE considers issuance of
permits and permissions under these
three delegated authorities a major
Federal action connected to BOEM’s
action (40 CFR 1501.9(e)(1)). The need
for the Project, as provided by the
Proponent in Volume 1, Section 1.2 of
the COP and reviewed by USACE for
NEPA purposes, is to provide a
commercially viable offshore wind
energy project within the Lease Area to
supply electricity in support of
renewable and offshore wind energy
goals established by the State of New
York.
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 Area OCS–A 0544 offshore
New York and transmission to the New
York energy grid.
The purpose of USACE section 408
action as determined by Engineer
Circular 1165–2–220 is to evaluate the
Proponent’s request and determine
whether the proposed alterations are
injurious to the public interest or impair
the usefulness of the USACE project.
The 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
or permissions requested under section
10 of the RHA, section 404 of the CWA,
and section 408 of the RHA. The USACE
would adopt the EIS per 40 CFR 1506.3
if, after its independent review of the
document, it concludes that the EIS
appropriately addresses the USACE’s
comments and recommendations. Based
on its participation as a cooperating
agency and its consideration of BOEM’s
EIS, USACE intends to issue a record of
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decision (ROD) to formally document its
decision on the Proposed Action.
The U.S. Environmental Protection
Agency (EPA) Region 2 anticipates
requests under section 402 of the CWA
for an individual National Pollutants
Discharge Elimination System (NPDES)
permit to authorize discharges to surface
waters from operation of an HVDC ESP.
EPA intends to rely on the final EIS to
support its decision on NPDES permit
issuance. EPA will also rely on certain
components of the Final EIS and ROD
to support its Clean Air Act Outer
Continental Shelf air permitting
decision.
Proposed Action and Preliminary
Alternatives
Vineyard Mid-Atlantic proposes to
construct and operate an offshore wind
energy facility consisting of up to two
commercial-scale offshore wind energy
projects within Lease Area OCS–A–
0544, with up to 118 total foundation
locations. Offshore components for the
Vineyard Mid-Atlantic Project include
up to 117 WTGs and up to 2 ESPs,
foundations and associated scour
protection for WTGs and ESPs,
associated inter-array cables, and up to
two OECCs for HVAC and/or HVDC
submarine export cables and cable
protection. Two to six offshore export
cables are proposed to transmit
electricity from the Lease Areas to
shore.
Vineyard Mid-Atlantic is proposing
monopile foundations to support the
WTGs, and monopile or piled jacket
foundations to support the ESPs. The
WTGs, ESPs, foundations, and interarray cables would be located entirely
within the Lease Area. Additional
details on the OECC and onshore
facilities are described under the
Purpose and Need section of this NOI.
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 Vineyard Mid-Atlantic’s
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:
• Visual Minimization Alternative:
BOEM intends to examine design
parameters to reduce visual impacts.
• Habitat and Fisheries Impact
Minimization Alternatives: BOEM
intends to examine alternatives that
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would reduce impacts to habitat and
fisheries.
All preliminary alternatives would
consider avoidance and minimization of
impacts to Waters of the U.S. and
federal projects such as federal
navigation channels and flood
protection projects. After completing the
EIS and associated consultations, BOEM
will decide through a record of decision
(ROD) whether to approve, approve
with conditions, or disapprove the
Vineyard Mid-Atlantic Offshore Wind
Project COP. If BOEM approves the
COP, Vineyard Mid-Atlantic must
comply with all conditions of its
approval.
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 and those that
are later in time or occur in a different
place. Potential effects include, but are
not limited to, impacts (whether
beneficial or adverse) 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
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3919
the structures. Additionally, the Project
might 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.
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-mid-atlantic-ocs0544.
BOEM has chosen to use the NEPA
process to fulfill its obligations under
NHPA. While BOEM’s obligations under
NHPA and NEPA are independent,
regulations implementing section 106 of
NHPA at 36 CFR 800.8(c) allow the
NEPA process and documentation to
substitute for various aspects of the
NHPA review. 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.
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 June 2026. 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 April
2027. As permitted under 40 CFR
1501.10(b)(2), BOEM extended the
schedule for completion of the EIS
beyond the 2-year deadline in
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consultation with the Proponent. 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.boem.gov/renewableenergy/state-activities/vineyard-midatlantic-ocs-0544.
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Scoping Process
This NOI commences the public
scoping process to identify issues and
potential alternatives for consideration
in the Vineyard Mid-Atlantic EIS.
BOEM will hold three 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
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 NHPA.
BOEM will consider all written requests
from individuals and organizations to
participate as consulting parties under
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 has invited Federal agencies
and State and local governments to
consider becoming cooperating agencies
and has invited 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
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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
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 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 on the internet at: https://
www.energy.gov/nepa/articles/
cooperating-agencies-implementingprocedural-requirements-nationalenvironmental. 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.
Public Participation
Federal agencies, Tribes, State and
local governments, interested parties,
and the public are requested to
comment on the scope of this EIS,
significant issues that should be
addressed, and alternatives that should
be considered.
NHPA Consulting Parties
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
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 ICF International, Inc.,
the third-party EIS contractor
supporting BOEM in its administration
of this review. ICF’s NHPA contact for
this review is Jean Stoll at
VineyardMidAtlantic-Section106@
icf.com. BOEM will determine which
interested parties should be consulting
parties.
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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.
E:\FR\FM\15JAN1.SGM
15JAN1
Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Notices
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.
lotter on DSK11XQN23PROD with NOTICES1
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.
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
VerDate Sep<11>2014
18:37 Jan 14, 2025
Jkt 265001
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
information regarding known historic
properties during the public scoping
period at https://www.boem.gov/
renewable-energy/state-activities/
vineyard-mid-atlantic-ocs-0544.
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.
Walter D. Cruickshank,
Deputy Director, Bureau of Ocean Energy
Management.
[FR Doc. 2025–00733 Filed 1–14–25; 8:45 am]
BILLING CODE 4340–98–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 332–606]
Caribbean Basin Economic Recovery
Act: Impact on U.S. Industries and
Consumers and on Beneficiary
Countries
United States International
Trade Commission.
ACTION: Notice of preparation of 2025
biennial report and scheduling of a
public hearing.
AGENCY:
The Commission has begun
preparation of its 2025 report, as
required by section 215 of the Caribbean
SUMMARY:
PO 00000
Frm 00135
Fmt 4703
Sfmt 4703
3921
Basin Economic Recovery Act, and has
scheduled a public hearing for February
20, 2025, in connection with the report.
The report will cover trade during
calendar years 2023 and 2024.
DATES:
February 5, 2025: Deadline for filing
requests to appear at the public hearing.
February 7: Deadline for filing
prehearing briefs and statements.
February 12: Deadline for filing
electronic copies of public hearing oral
statements.
February 20: Public hearing.
March 6: Deadline for filing
posthearing briefs and statements.
March 13: Deadline for filing all other
written submissions related to this
investigation.
September 30: Deadline for
transmittal of Commission report to
Congress and the President.
ADDRESSES: All Commission offices,
including the Commission’s hearing
rooms, are located in the U.S.
International Trade Commission
Building, 500 E Street SW, Washington,
DC. All written submissions must be
submitted electronically and addressed
to the Secretary, U.S. International
Trade Commission, 500 E Street SW,
Washington, DC 20436. The
Commission cannot accept paper copies
at this time.
FOR FURTHER INFORMATION CONTACT:
Project Leader Alan Fox (202–205–3267
or alan.fox@usitc.gov) or Deputy Project
Leader Chang Hong (202–205–2791 or
chang.hong@usitc.gov) for information
specific to this investigation. For
information on the legal aspects of this
investigation, contact Brian Allen
(brian.allen@usitc.gov or 202–205–3034)
or William Gearhart (202–205–3091 or
william.gearhart@usitc.gov) of the
Commission’s Office of the General
Counsel. The media should contact
Claire Huber, Office of External
Relations (202–205–1819 or
claire.huber@usitc.gov).
The public record for this
investigation may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov. General
information concerning the Commission
may be obtained by accessing its
internet address (https://www.usitc.gov).
Hearing-impaired individuals are
advised that information on this matter
can be obtained by contacting the
Commission’s TDD terminal on 202–
205–1810.
SUPPLEMENTARY INFORMATION:
Background: The report is required by
section 215 of the Caribbean Economic
Recovery Act (19 U.S.C. 2704). The Act
requires the Commission to submit to
Congress and the President biennial
E:\FR\FM\15JAN1.SGM
15JAN1
]]>Agencies
[Federal Register Volume 90, Number 9 (Wednesday, January 15, 2025)]
[Notices]
[Pages 3917-3921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00733]
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DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
[Docket No. BOEM 2025-0002]
Notice of Intent To Prepare an Environmental Impact Statement for
the Proposed Vineyard Mid-Atlantic Project on the U.S. Outer
Continental Shelf Offshore New York
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) (Unique
Identification Number DOI-BOEM-OREP-2025-0001-EIS) for a construction
and operations plan (COP) of an offshore wind energy facility submitted
by Vineyard Mid-Atlantic, LLC (hereinafter referred to as Vineyard Mid-
Atlantic or Proponent). This notice of intent (NOI) initiates the
public scoping and comment process under the National Environmental
Policy Act (NEPA) and under section 106 of the National Historic
Preservation Act (NHPA). Vineyard Mid-Atlantic proposes to construct
and operate the facility in Renewable Energy Lease Area OCS-A 0544
(Lease Area), which is approximately 43,056 acres and located
approximately 24 statute miles (mi) offshore, south of Fire Island, New
York, and approximately 60 statute mi offshore New Jersey. Vineyard
Mid-Atlantic proposes to develop the entire Lease Area.
DATES: Your comments must be received by BOEM no later than March 3,
2025 for timely consideration. BOEM will hold three virtual public
scoping meetings at the following dates and times (eastern time):
Thursday, February 6, 5:00 p.m.--ending;
Tuesday, February 11, 5:00 p.m.--ending; and
Wednesday, February 19, 1:00 p.m.--ending.
Registration for the virtual public meetings may be completed here:
https://www.boem.gov/renewable-energy/state-activities/vineyard-mid-atlantic-ocs-0544 or by calling (888) 788-0099 (toll free). 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 Mid-Atlantic EIS'' and addressed to
Lindy Nelson, NEPA Coordinator, Environmental 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
www.regulations.gov and search for Docket No. BOEM-2025-0002. 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-mid-atlantic-ocs-0544.
FOR FURTHER INFORMATION CONTACT: Lindy Nelson, Office of Renewable
Energy Programs, Bureau of Ocean Energy Management, 45600 Woodland
Road, Sterling, Virginia 20166, telephone (703) 787-1460, 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 Commercial Lease OCS-A 0544 to Vineyard Mid-
Atlantic, covering an area offshore New York. BOEM approved an
assignment of 100 percent interest in the lease to Vineyard Mid-
Atlantic in April 2022. Vineyard Mid-Atlantic has the exclusive right
to submit a COP for activities within the Lease Area. Vineyard Mid-
Atlantic submitted a COP to BOEM proposing the construction, operation,
maintenance, and conceptual decommissioning of an offshore wind energy
facility consisting of up to two commercial-scale offshore wind energy
projects in Lease Area OCS-A 0544, referred to collectively as the
Vineyard Mid-Atlantic Offshore Wind Project (the Project).
Vineyard Mid-Atlantic's goal is to develop up to two commercial-
scale offshore wind energy project(s) in the Lease Area to provide
renewable energy to the State of New York. New York State's Climate
Leadership and Community Protection Act mandates that at least 70% of
the State's electricity come from renewable energy sources by 2030,
calls for the development of 9 gigawatts (GW) of offshore wind energy
by 2035, and mandates that greenhouse gas (GHG) emissions be reduced
85% below 1990 levels by 2050. Vineyard Mid-Atlantic's ability to
deliver ~2 GW of power is needed to meet the State's clean energy
goals. The Project will help further diversify New York State's
electricity supply, increase energy reliability, and reduce GHG
emissions. Vineyard Mid-Atlantic is actively seeking one or more
offshore renewable energy certificate or power purchase agreement
awards.
Vineyard Mid-Atlantic proposes to use up to 118 positions in the
Lease
[[Page 3918]]
Area to be occupied by up to 117 wind turbine generators (WTGs) and up
to 2 electrical service platforms (ESPs). In accordance with the lease
stipulations, the WTGs and ESP(s) would be oriented in west-northwest
to east-southeast rows and north to south columns with 0.68 nautical
mile (nm) (1.3 kilometer [km]) spacing between positions. Inter-array
cables would transmit power from groups of WTGs to the ESP(s). If two
ESPs are used, they may be connected with inter-link cables. Up to six
high voltage alternating current (HVAC) cables, two high voltage direct
current (HVDC) cable bundles, or a combination of up to four HVAC
cables/HVDC cable bundles would be installed within an Offshore Export
Cable Corridor (OECC) to transmit to shore the electricity collected at
the ESP(s).
The OECC extends from the northern end of the Lease Area, continues
west along the boundary of neighboring Lease Area OCS-A 0512, and then
proceeds northwest across the Ambrose to Nantucket and Nantucket to
Ambrose Traffic Lanes towards the southern shore of Long Island, New
York. As the OECC approaches shore, it splits into three variations to
connect to three potential landfall site(s) (of which, up to two would
be used): the Rockaway Beach Landfall Site, the Atlantic Beach Landfall
Site, and the Jones Beach Landfall Site. Vineyard Mid-Atlantic has also
identified a ``Western Landfall Sites OECC Variant'' that may be used
for routing offshore export cables to the Rockaway Beach and Atlantic
Beach Landfall Sites.
Onshore export cables would connect up to two of the three
potential landfall site(s) to two new onshore substations in Nassau
County and/or Suffolk County, New York. If HVAC cables are used, an
onshore reactive compensation station may be located along each onshore
export cable route to manage the export cables' reactive power
(unusable electricity), increase the transmission system's operational
efficiency, reduce conduction losses, and minimize excess heating. Grid
interconnection cables would connect the new onshore substations to up
to two of the existing East Garden City Substation (Uniondale) Point of
Interconnection (POI) in Uniondale, New York, the Ruland Road
Substation POI in Melville, New York, or the proposed Eastern Queens
Substation POI in Queens, New York.
Based on BOEM's authority under the Outer Continental Shelf Lands
Act (OCSLA) to authorize renewable energy activities on the OCS;
Executive Order 14008; the shared goals of the Federal agencies to
deploy 30 GW of offshore wind in the United States by 2030, while
protecting biodiversity and promoting ocean co-use; \1\ and in
consideration of the Proponent's goals; the purpose of BOEM's action is
to determine whether to approve, approve with conditions, or disapprove
Vineyard Mid-Atlantic's COP. BOEM will make its determination 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(ies) 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
National Marine Fisheries Service (NMFS) anticipates one or more
requests for authorization under the Marine Mammal Protection Act
(MMPA) (16 U.S.C. 1361 et seq.) 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 1501.3(b)). The purpose of the NMFS
action--which is a direct outcome of Vineyard Mid-Atlantic's request
for authorization to take marine mammals incidental to specified
activities associated with the Project (e.g., pile driving)--is to
evaluate Vineyard Mid-Atlantic's request pursuant to specific
requirements of the MMPA and its implementing regulations administered
by NMFS, considering impacts of the Vineyard Mid-Atlantic Offshore Wind
Project's activities on relevant resources and, if appropriate, to
issue the permit or authorization. NMFS needs to render a decision
regarding the request for authorization due to NMFS's responsibilities
under the MMPA (16 U.S.C. 1371(a)(5)(A)&(D)) 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 York 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), and section 404 of the Clean Water Act (CWA) (33 U.S.C. 1344). In
addition, it is anticipated that a section 408 permission will 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 existing federally authorized civil works projects.
The USACE considers issuance of permits and permissions under these
three delegated authorities a major Federal action connected to BOEM's
action (40 CFR 1501.9(e)(1)). The need for the Project, as provided by
the Proponent in Volume 1, Section 1.2 of the COP and reviewed by USACE
for NEPA purposes, is to provide a commercially viable offshore wind
energy project within the Lease Area to supply electricity in support
of renewable and offshore wind energy goals established by the State of
New York.
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 Area OCS-A 0544 offshore New York and
transmission to the New York energy grid.
The purpose of USACE section 408 action as determined by Engineer
Circular 1165-2-220 is to evaluate the Proponent's request and
determine whether the proposed alterations are injurious to the public
interest or impair the usefulness of the USACE project. The 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 or permissions requested under section 10 of the RHA, section
404 of the CWA, and section 408 of the RHA. The USACE would adopt the
EIS per 40 CFR 1506.3 if, after its independent review of the document,
it concludes that the EIS appropriately addresses the USACE's comments
and recommendations. Based on its participation as a cooperating agency
and its consideration of BOEM's EIS, USACE intends to issue a record of
[[Page 3919]]
decision (ROD) to formally document its decision on the Proposed
Action.
The U.S. Environmental Protection Agency (EPA) Region 2 anticipates
requests under section 402 of the CWA for an individual National
Pollutants Discharge Elimination System (NPDES) permit to authorize
discharges to surface waters from operation of an HVDC ESP. EPA intends
to rely on the final EIS to support its decision on NPDES permit
issuance. EPA will also rely on certain components of the Final EIS and
ROD to support its Clean Air Act Outer Continental Shelf air permitting
decision.
Proposed Action and Preliminary Alternatives
Vineyard Mid-Atlantic proposes to construct and operate an offshore
wind energy facility consisting of up to two commercial-scale offshore
wind energy projects within Lease Area OCS-A-0544, with up to 118 total
foundation locations. Offshore components for the Vineyard Mid-Atlantic
Project include up to 117 WTGs and up to 2 ESPs, foundations and
associated scour protection for WTGs and ESPs, associated inter-array
cables, and up to two OECCs for HVAC and/or HVDC submarine export
cables and cable protection. Two to six offshore export cables are
proposed to transmit electricity from the Lease Areas to shore.
Vineyard Mid-Atlantic is proposing monopile foundations to support
the WTGs, and monopile or piled jacket foundations to support the ESPs.
The WTGs, ESPs, foundations, and inter-array cables would be located
entirely within the Lease Area. Additional details on the OECC and
onshore facilities are described under the Purpose and Need section of
this NOI.
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 Vineyard Mid-Atlantic's 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:
Visual Minimization Alternative: BOEM intends to examine
design parameters to reduce visual impacts.
Habitat and Fisheries Impact Minimization Alternatives:
BOEM intends to examine alternatives that would reduce impacts to
habitat and fisheries.
All preliminary alternatives would consider avoidance and
minimization of impacts to Waters of the U.S. and federal projects such
as federal navigation channels and flood protection projects. After
completing the EIS and associated consultations, BOEM will decide
through a record of decision (ROD) whether to approve, approve with
conditions, or disapprove the Vineyard Mid-Atlantic Offshore Wind
Project COP. If BOEM approves the COP, Vineyard Mid-Atlantic must
comply with all conditions of its approval.
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 and those that are
later in time or occur in a different place. Potential effects include,
but are not limited to, impacts (whether beneficial or adverse) 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 might 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.
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-mid-atlantic-ocs-0544.
BOEM has chosen to use the NEPA process to fulfill its obligations
under NHPA. While BOEM's obligations under NHPA and NEPA are
independent, regulations implementing section 106 of NHPA at 36 CFR
800.8(c) allow the NEPA process and documentation to substitute for
various aspects of the NHPA review. 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.
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 June 2026.
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 April 2027. As
permitted under 40 CFR 1501.10(b)(2), BOEM extended the schedule for
completion of the EIS beyond the 2-year deadline in
[[Page 3920]]
consultation with the Proponent. 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.boem.gov/renewable-energy/state-activities/vineyard-mid-atlantic-ocs-0544.
Scoping Process
This NOI commences the public scoping process to identify issues
and potential alternatives for consideration in the Vineyard Mid-
Atlantic EIS. BOEM will hold three 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 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 NHPA.
BOEM will consider all written requests from individuals and
organizations to participate as consulting parties under 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 has invited Federal agencies and State and local governments
to consider becoming cooperating agencies and has invited 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
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 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 on the internet at: https://www.energy.gov/nepa/articles/cooperating-agencies-implementing-procedural-requirements-national-environmental. 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 ICF International, Inc., the third-party EIS
contractor supporting BOEM in its administration of this review. ICF's
NHPA contact for this review is Jean Stoll at [email protected]. BOEM will determine which interested parties should
be consulting parties.
Public Participation
Federal agencies, Tribes, State and local governments, interested
parties, and the public 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
[[Page 3921]]
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.
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
information regarding known historic properties during the public
scoping period at https://www.boem.gov/renewable-energy/state-activities/vineyard-mid-atlantic-ocs-0544. 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.
Walter D. Cruickshank,
Deputy Director, Bureau of Ocean Energy Management.
[FR Doc. 2025-00733 Filed 1-14-25; 8:45 am]
BILLING CODE 4340-98-P
