Notice2025-00733

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

Primary source

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Published
January 15, 2025

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) (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.

Full Text

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<title>Federal Register, Volume 90 Issue 9 (Wednesday, January 15, 2025)</title>
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[Federal Register Volume 90, Number 9 (Wednesday, January 15, 2025)]
[Notices]
[Pages 3917-3921]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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.

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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):
    <bullet> Thursday, February 6, 5:00 p.m.--ending;
    <bullet> Tuesday, February 11, 5:00 p.m.--ending; and
    <bullet> Wednesday, February 19, 1:00 p.m.--ending.
    Registration for the virtual public meetings may be completed here: 
<a href="https://www.boem.gov/renewable-energy/state-activities/vineyard-mid-atlantic-ocs-0544">https://www.boem.gov/renewable-energy/state-activities/vineyard-mid-atlantic-ocs-0544</a> 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:
    <bullet> 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
    <bullet> Through the <a href="http://regulations.gov">regulations.gov</a> web portal: Navigate to 
<a href="http://www.regulations.gov">www.regulations.gov</a> 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: <a href="https://www.boem.gov/renewable-energy/state-activities/vineyard-mid-atlantic-ocs-0544">https://www.boem.gov/renewable-energy/state-activities/vineyard-mid-atlantic-ocs-0544</a>.

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 
<a href="/cdn-cgi/l/email-protection#54183d3a302d7a1a3138273b3a14363b31397a333b22"><span class="__cf_email__" data-cfemail="1d5174737964335378716e72735d7f727870337a726b">[email&#160;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 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.
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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 
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:
    <bullet> Visual Minimization Alternative: BOEM intends to examine 
design parameters to reduce visual impacts.
    <bullet> 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 
<a href="https://www.boem.gov/renewable-energy/state-activities/vineyard-mid-atlantic-ocs-0544">https://www.boem.gov/renewable-energy/state-activities/vineyard-mid-atlantic-ocs-0544</a>.
    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: <a href="https://www.boem.gov/renewable-energy/state-activities/vineyard-mid-atlantic-ocs-0544">https://www.boem.gov/renewable-energy/state-activities/vineyard-mid-atlantic-ocs-0544</a>.

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: <a href="https://www.energy.gov/nepa/articles/cooperating-agencies-implementing-procedural-requirements-national-environmental">https://www.energy.gov/nepa/articles/cooperating-agencies-implementing-procedural-requirements-national-environmental</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 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 <a href="/cdn-cgi/l/email-protection#c99fa0a7acb0a8bbad84a0ad88bda5a8a7bda0aae49aacaabda0a6a7f8f9ff89a0aaafe7aaa6a4"><span class="__cf_email__" data-cfemail="6e3807000b170f1c0a23070a2f1a020f001a070d433d0b0d1a0701005f5e582e070d08400d0103">[email&#160;protected]</span></a>. 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 <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

[[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 <a href="https://www.boem.gov/renewable-energy/state-activities/vineyard-mid-atlantic-ocs-0544">https://www.boem.gov/renewable-energy/state-activities/vineyard-mid-atlantic-ocs-0544</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.

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


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Indexed from Federal Register on January 15, 2025.

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