[Federal Register Volume 86, Number 208 (Monday, November 1, 2021)]
[Notices]
[Pages 60270-60274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23806]


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DEPARTMENT OF THE INTERIOR

Bureau of Ocean Energy Management

[Docket No. BOEM 2021-0062]


Notice of Intent To Prepare an Environmental Impact Statement for 
the Proposed Mayflower Wind Project on the Northeast Atlantic Outer 
Continental Shelf

AGENCY: Bureau of Ocean Energy Management (BOEM), Interior.

ACTION: Notice of intent (NOI) to prepare an environmental impact 
statement (EIS); request for comments.

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SUMMARY: Consistent with the regulations implementing the National 
Environmental Policy Act (NEPA), BOEM announces its intent to prepare 
an EIS for the review of a construction and operations plan (COP) 
submitted by Mayflower Wind Energy, LLC (Mayflower Wind) for the 
construction and operation of a wind energy facility offshore 
Massachusetts with proposed interconnection locations at Falmouth, 
Massachusetts, and at Brayton Point in Somerset, Massachusetts. This 
NOI announces the EIS scoping process for the Mayflower COP. 
Additionally, this NOI seeks public comment and input under section 106 
of the National Historic Preservation Act (NHPA) and its implementing 
regulations. Detailed information about the proposed wind energy 
facility, including the COP, can be found on BOEM's website at: 
www.boem.gov/mayflower-wind.

DATES: Comments received by December 1, 2021, will be considered.
    BOEM will hold virtual public scoping meetings for the Mayflower 
Wind EIS at the following dates and times (eastern time):
     Wednesday, November 10, 5 p.m.;
     Monday, November 15, 1 p.m.; and
     Thursday, November 18, 5 p.m.
    Registration for the virtual public meetings may be completed here: 
www.boem.gov/Mayflower-Wind-Scoping-Virtual-Meetings or by calling 
(703) 787-1553.

ADDRESSES: Written comments can be submitted in any of the following 
ways:
     Delivered by mail or delivery service, enclosed in an 
envelope labeled, ``MAYFLOWER WIND COP EIS'' and addressed to Program 
Manager, Office of Renewable Energy, Bureau of Ocean Energy Management, 
45600 Woodland Road, Sterling, Virginia 20166; or
     Through the regulations.gov web portal: Navigate to 
www.regulations.gov and search for Docket No. BOEM-2021-0062. 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 FURTHER INFORMATION CONTACT: Genevieve Brune, BOEM Office of 
Renewable Energy Programs, 45600 Woodland Road, Sterling, Virginia 
20166, telephone (703) 787-1553, 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 Biden stated that it is 
the policy of his administration ``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.''
    Mayflower Wind has the exclusive right to submit a COP for 
activities located offshore Massachusetts in the

[[Page 60271]]

area covered by BOEM Renewable Energy Lease OCS-A 0521 (Lease Area). 
Mayflower Wind has submitted a COP to BOEM proposing the construction, 
operation, and conceptual decommissioning of an offshore wind energy 
facility in the Lease Area (the Project).
    Mayflower Wind's goal is to develop a commercial-scale, offshore 
wind energy generation facility in the Lease Area, with up to 149 total 
foundation locations to be occupied by a combination of up to 147 wind 
turbine generators (WTGs) and up to 5 offshore substation platforms 
(OSPs). The Project would include two export cable corridors, one 
making landfall and interconnecting to the ISO New England Inc. (ISO-
NE) grid in Falmouth, Massachusetts, and one making landfall and 
interconnecting to the ISO-NE grid at Brayton Point in Somerset, 
Massachusetts (See Section 1.3 of the COP).
    The Project would provide between 1,600 to 2,400 megawatts (MW) of 
clean, renewable wind energy to the northeast United States, including 
Massachusetts, in accordance with section 83C of the Massachusetts' 
Green Communities Act, which allows electric distribution companies 
(EDCs) to solicit proposals for offshore wind energy generation 
(Chapter 188 of the Acts of 2016, An Act to Promote Energy Diversity). 
In October 2019, the EDCs selected Mayflower Wind's low-cost energy bid 
for a power purchase agreement (PPA) to generate 804 MW of offshore 
wind energy that will serve Massachusetts customers (Massachusetts 
Clean Energy, 2020). In addition to the 804 MW PPA, Mayflower Wind is 
actively exploring additional offtake opportunities. The Project is 
intended to address the needs identified by the Massachusetts EDCs for 
new sources of power generation that are cost-effective and reliable, 
as well as to contribute to the section 83C offshore wind mandate.
    Based on Mayflower Wind's goals and BOEM's authority, the purpose 
of BOEM's action is to respond to Mayflower Wind's COP proposal and 
determine whether to approve, approve with modifications, or disapprove 
the Mayflower Wind COP (the Proposed Action). BOEM's approval of the 
COP and any modifications is needed to construct and install, operate 
and maintain, and decommission a commercial-scale offshore wind energy 
facility within the Lease Area. BOEM's purpose and need is consistent 
with the United States' policy to make Outer Continental Shelf energy 
resources available for expeditious and orderly development, subject to 
environmental safeguards (43 U.S.C. 1332(3)), including consideration 
of natural resources, safety of navigation, and existing ocean uses.
    In addition, the National Oceanic and Atmospheric Administration 
(NOAA) National Marine Fisheries Service (NMFS) anticipates receipt of 
a request for authorization to take marine mammals incidental to 
construction-related activities related to the Project under the Marine 
Mammal Protection Act (MMPA). NMFS issuance of an MMPA incidental take 
authorization is a major Federal action and, in relation to BOEM's 
action, is considered a connected action (40 CFR 1501.9(e)(1)). The 
purpose of the NMFS action--which is a direct outcome of Mayflower 
Wind's request for authorization to take marine mammals incidental to 
specified activities associated with the Project (e.g., pile driving)--
is to evaluate the applicant'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 authorization. NMFS needs to 
render a decision regarding the request for authorization due to its 
responsibilities under the MMPA (16 U.S.C. 1371(a)(5)(D)) and its 
implementing regulations. If, after independent review, NMFS makes the 
findings necessary to issue the requested authorization, NMFS intends 
to adopt BOEM's EIS to support that decision and fulfill its NEPA 
requirements.
    The U.S. Army Corps of Engineers, New England District, (USACE) 
anticipates 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 USACE federally 
authorized Civil Works projects. The USACE considers issuance of a 
permit/permission under these three delegated authorities a major 
Federal action connected to BOEM's Proposed Action (40 CFR 
1501.9(e)(1)).
    As described in Section 1.3 of the COP, the applicant's stated 
purpose and need for the Project, is to provide a commercially viable 
offshore wind energy project (1,600 to 2,400 MW) within Lease OCS-A 
0521 to help states achieve their renewable energy goals. 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 and 
distribution to the New England energy grid. The purpose of USACE 
section 408 action, as determined by EC 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 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/permissions requested under section 10 of the RHA, section 404 
of the CWA, and section 14 of the RHA. The USACE would adopt the EIS 
pursuant to 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, USACE would issue a Record of 
Decision (ROD) to formally document its decision on the Proposed 
Action.

Proposed Action and Preliminary Alternatives

    As noted above, Mayflower Wind is proposing to construct and 
operate 149 total foundation locations to be occupied by a combination 
of up to 147 WTGs and up to 5 OSPs. The Project would also include two 
export cable corridors, one making landfall and interconnecting to the 
ISO-NE grid in Falmouth, Massachusetts, and one making landfall and 
interconnecting to the ISO-NE grid at Brayton Point in Somerset, 
Massachusetts. The WTG foundations may be monopiles, piled jackets, 
suction-bucket jackets, or gravity-based structures or some 
combination. The WTGs, OSPs, foundations, and inter-array cables would 
be located within the Lease Area on the U.S. Outer Continental Shelf 
approximately 30 statute miles (mi) (26 nautical miles [nm], 48 
kilometers [km]) south of Martha's Vineyard, Massachusetts, and 
approximately 23 mi (20 nm, 37 km) south of Nantucket, Massachusetts. 
The offshore export cables would be buried in the U.S. Outer 
Continental Shelf and in the seabed under State waters of Massachusetts 
and Rhode Island.
    If any reasonable alternatives to the Proposed Action are 
identified during

[[Page 60272]]

the scoping period, BOEM will evaluate those alternatives in the draft 
EIS, which will also include a no action alternative. Under the no 
action alternative, BOEM would disapprove the COP, and the proposed 
wind energy facility would not be built.
    Once BOEM completes the EIS and associated consultations, BOEM will 
decide whether to approve, approve with modification, or disapprove the 
Mayflower Wind COP. If BOEM approves the COP, Mayflower Wind 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 that 
are reasonably foreseeable and have a reasonably close causal 
relationship to the Proposed Action and the alternatives. This includes 
such effects that occur at the same time and place as the Proposed 
Action and alternatives and effects that are later in time or occur in 
a different place. Potential impacts to resources 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, 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 impacts will be analyzed in the draft and 
final EIS.
    Based on a preliminary evaluation of these resources, 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. Beneficial impacts are also expected by facilitating 
achievement of State renewable energy goals, increasing job 
opportunities, improving air quality, and reducing carbon emissions. 
Specifically, for increasing job opportunities, the Mayflower Wind 
project is estimated to support up to an estimated 4,970 job-years 
during the development and construction phases of the project. During 
the operations and maintenance phase the Mayflower offshore wind 
project will support about 11,440 jobs-years during its 30 years of 
operation (with decommissioning). The EIS will analyze measures that 
would avoid, minimize, or mitigate identified impacts.

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, 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 www.boem.gov/Mayflower-Wind.
    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 a 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 in January 2023. 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 September 2023. 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: www.permits.performance.gov/permitting-project/mayflower-wind-energy-project.

Scoping Process

    This NOI commences the public scoping process to identify issues 
and potential alternatives for consideration in the Mayflower Wind EIS. 
BOEM will hold virtual public scoping meetings at the times and dates 
described above under the Dates caption. Throughout the scoping 
process, Federal agencies, Tribal, State, and local governments, and 
the general public 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 the NHPA regulations.

NEPA Cooperating Agencies

    BOEM invites other Federal agencies and Tribal, State, and local 
governments to consider becoming cooperating agencies in the 
preparation of this EIS. The Council on Environmental Quality (CEQ) 
NEPA regulations specify that qualified 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.

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    Upon request, BOEM will provide 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 also should 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: 
www.energy.gov/sites/prod/files/nepapub/nepa_documents/RedDont/G-CEQ-CoopAgenciesImplem.pdf.
    BOEM, as the lead agency, does not provide financial assistance to 
cooperating agencies. Governmental entities that are not cooperating 
agencies will have opportunities to provide information and comments to 
BOEM during the public input stages of the NEPA process.

NHPA Consulting Parties

    Individuals and organizations with a demonstrated interest in the 
Project can request to participate as NHPA consulting parties under 36 
CFR 800.2(c)(5) based on their legal or economic stake in historic 
properties affected by the Project.
    Before issuing this NOI, BOEM compiled a list of potential 
consulting parties and invited them to become consulting parties. To 
become a consulting party, those invited must respond in writing by the 
requested response date.
    Interested individuals and organizations that did not receive a 
written invitation can request to be consulting parties by writing to 
the staff NHPA contact at ICF International, Inc., the third party EIS 
contractor supporting BOEM in its administration of this review. ICF's 
NHPA contact for this review is Karen Crawford at 
[email protected]. BOEM will determine which interested 
parties should be consulting parties.
    Comments: Federal agencies, Tribal, 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. For information on how to submit comments, 
see the Addresses section above.
    BOEM does not consider anonymous comments. Please include your name 
and address as part of your comment. BOEM makes all comments, including 
the names, addresses, and other personally identifiable information 
included in the comment, available for public review online. 
Individuals can request that BOEM withhold their names, addresses, or 
other personally identifiable information included in their comment 
from the public record; however, BOEM cannot guarantee that it will be 
able to do so. To help BOEM determine whether to withhold from 
disclosure your personally identifiable information, you must identify 
any information contained in your comments that, if released, would 
constitute a clearly unwarranted invasion of your privacy. You also 
must briefly describe any possible harmful consequences of the 
disclosure of information, such as embarrassment, injury, or other 
harm.
    Additionally, under section 304 of NHPA, BOEM is required, after 
consultation with the Secretary of the Interior, to withhold the 
location, character, or ownership of historic resources if it 
determines that disclosure may, among other things, cause a significant 
invasion of privacy, risk harm to the historic resources, or impede the 
use of a traditional religious site by practitioners. Tribal entities 
and other parties providing information on historic resources should 
designate information that they wish to be held as confidential and 
provide the reasons why BOEM should do so.
    All submissions from organizations or businesses and from 
individuals identifying themselves as representatives or officials of 
organizations or businesses will be made available for public 
inspection in their entirety.

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 that the Proposed Action could have on 
biological resources, including bats, birds, coastal fauna, finfish, 
invertebrates, essential fish habitat, marine mammals, and sea turtles.
    2. Potential effects that the Proposed Action could have on 
physical resources and conditions including air quality, water quality, 
wetlands, and other waters of the United States.
    3. Potential effects that the Proposed Action could have 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 www.boem.gov/Mayflower-Wind. BOEM's effects analysis 
for historic properties will be available for public and consulting 
party comment in the draft EIS.
    6. Information on other current or planned activities in, or in the 
vicinity of, the Proposed Action, 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

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process for consideration by BOEM and the cooperating agencies.
    Authority: This NOI is published in accordance with NEPA, 42 U.S.C. 
4321 et seq., and 40 CFR 1501.9.

William Yancey Brown,
Chief Environmental Officer, Bureau of Ocean Energy Management.
[FR Doc. 2021-23806 Filed 10-29-21; 8:45 am]
BILLING CODE 4310-MR-P