Notice2024-06161
Notice of Intent To Prepare an Environmental Impact Statement for the Proposed Vineyard Northeast Project on the U.S. Outer Continental Shelf Offshore Massachusetts
Primary source
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Published
March 25, 2024
Issuing agencies
Interior DepartmentOcean Energy Management Bureau
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 58 (Monday, March 25, 2024)</title>
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[Federal Register Volume 89, Number 58 (Monday, March 25, 2024)]
[Notices]
[Pages 20691-20696]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-06161]
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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.
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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:
<bullet> Wednesday, April 17, 2024, 5 p.m.-9 p.m., Clark
Auditorium, Mitchell
[[Page 20692]]
College, 437 Pequot Avenue, New London, Connecticut 06320; and
<bullet> Thursday, April 18, 2024, 5 p.m.-9 p.m., Westport High
School Cafeteria, 17 Main Road, Westport, Massachusetts 02790.
Virtual:
<bullet> Monday, April 15, 2024, 1 p.m.-ending; and
<bullet> Monday, April 22, 2024, 5 p.m.-ending.
Registration for the virtual public meetings may be completed here:
<a href="https://www.boem.gov/renewable-energy/state-activities/vineyard-northeast">https://www.boem.gov/renewable-energy/state-activities/vineyard-northeast</a> 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:
<bullet> 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
<bullet> Through the <a href="http://regulations.gov">regulations.gov</a> web portal: Navigate to
<a href="https://www.regulations.gov">https://www.regulations.gov</a> 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: <a href="https://www.boem.gov/renewable-energy/state-activities/vineyard-northeast">https://www.boem.gov/renewable-energy/state-activities/vineyard-northeast</a>.
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
<a href="/cdn-cgi/l/email-protection#d8b0bdb9acb0bdaaf6abbbb0adb4aca298bab7bdb5f6bfb7ae"><span class="__cf_email__" data-cfemail="4f272a2e3b272a3d613c2c273a233b350f2d202a2261282039">[email protected]</span></a>.
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.
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\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 <a href="https://www.whitehouse.gov/briefing-room/statements-releases/2021/03/29/fact-sheet-biden-administration-jumpstarts-offshore-wind-energy-projects-to-create-jobs/">https://www.whitehouse.gov/briefing-room/statements-releases/2021/03/29/fact-sheet-biden-administration-jumpstarts-offshore-wind-energy-projects-to-create-jobs/</a>.
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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:
<bullet> Modified Layout Alternative: Design layout to minimize
potential impacts to cultural, visual, navigation, and other resource
values.
<bullet> Nantucket Shoals Minimization Alternative: BOEM intends to
design an alternative to avoid and minimize potential impacts to
protected species and habitats around Nantucket Shoals.
<bullet> 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
<a href="https://www.boem.gov/renewable-energy/state-activities/vineyard-northeast">https://www.boem.gov/renewable-energy/state-activities/vineyard-northeast</a>.
(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: <a href="https://www.permits.performance.gov/permitting-project/fast-41-covered-projects/vineyard-northeast">https://www.permits.performance.gov/permitting-project/fast-41-covered-projects/vineyard-northeast</a>.
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: <a href="https://www.energy.gov/sites/prod/files/nepapub/nepa_documents/RedDont/G-CEQ-CoopAgenciesImplem.pdf">https://www.energy.gov/sites/prod/files/nepapub/nepa_documents/RedDont/G-CEQ-CoopAgenciesImplem.pdf</a>. 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
<a href="/cdn-cgi/l/email-protection#b8f2f4d1dadad7d6f8cbcfdbd996dbd7d5"><span class="__cf_email__" data-cfemail="cd8781a4afafa2a38dbebaaeace3aea2a0">[email protected]</span></a>. 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 <a href="http://regulations.gov">regulations.gov</a>.
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
[[Page 20696]]
information regarding known historic properties during the public
scoping period at <a href="https://www.boem.gov/renewable-energy/state-activities/vineyard-northeast">https://www.boem.gov/renewable-energy/state-activities/vineyard-northeast</a>. 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
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</html>Indexed from Federal Register on March 25, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.