Request for Information and Nominations of Areas for Leases Authorizing Alternative Energy Resource Assessment and Technology Testing Activities Pursuant to Subsection 8(p) of the Outer Continental Shelf Lands Act, as Amended, 62673-62675 [E7-21793]
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Federal Register / Vol. 72, No. 214 / Tuesday, November 6, 2007 / Notices
Minerals Management Service,
Environmental Assessment Branch (MS
4042), 381 Elden Street, Herndon,
Virginia 20170. An electronic copy of
the final programmatic EIS is available
at the MMS’s EIS Web site at:
ocsenergy.anl.gov.
FOR FURTHER INFORMATION CONTACT:
Minerals Management Service, Mr.
James F. Bennett, Environmental
Division, 381 Elden Street, Herndon,
Virginia 20170, (703) 787–1660.
Dated: October 25, 2007.
Robert P. LaBelle,
Acting Associate Director for Offshore
Minerals Management.
[FR Doc. E7–21792 Filed 11–5–07; 8:45 am]
BILLING CODE 4310–MR–P
DEPARTMENT OF THE INTERIOR
Minerals Management Service
Request for Information and
Nominations of Areas for Leases
Authorizing Alternative Energy
Resource Assessment and Technology
Testing Activities Pursuant to
Subsection 8(p) of the Outer
Continental Shelf Lands Act, as
Amended
Minerals Management Service
(MMS), Interior.
ACTION: Request for information and
nominations.
mstockstill on PROD1PC66 with NOTICES
AGENCY:
SUMMARY: The Minerals Management
Service (MMS) invites comments
concerning the authorization of
activities on the Outer Continental Shelf
(OCS) involving the installation of
meteorological or marine data collection
facilities to assess alternative energy
resources (e.g., wind, wave, and ocean
current) or to test alternative energy
technology to produce or support
production of alternative energy. The
MMS intends to adopt an interim policy
to authorize such facilities (e.g.,
meteorological towers or wave and
current data collection instruments and
wave or current generators or other
developing technology) under
subsection 8(p) of the OCS Lands Act,
as amended by section 388 of the Energy
Policy Act of 2005. Parties wishing to
obtain such authorizations should
submit detailed and specific nomination
and application information as
described below.
DATES: The MMS requests comments by
January 7, 2008. We will begin review
on that date and consider all comments
received by that time.
ADDRESSES: You may submit your
comments by one of two methods:
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16:55 Nov 05, 2007
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(1) Commenting electronically using
the MMS Public Connect online
commenting system (https://
ocsconnect.mms.gov).
(2) Mailing your comments to the
following address: Minerals
Management Service, Offshore Minerals
Management, Alternative Energy and
Alternate Use Team, 381 Elden Street,
Herndon, Virginia 20170–4817.
FOR FURTHER INFORMATION CONTACT:
Ms. Maureen Bornholdt, Minerals
Management Service, Offshore Minerals
Management, 381 Elden Street,
Herndon, Virginia 20170–4817, (703)
787–1300, Mail Stop 4080.
SUPPLEMENTARY INFORMATION: Public
Comment Policy. Before including your
address, phone number, e-mail address,
or other personal identifying
information in your submission, you
should be aware that your entire
submission—including your personal
identifying information—may be made
publicly available at any time. While
you may ask us in your comment to
withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
The MMS will protect privileged or
confidential information that you
submit as allowed 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 that you submit,
clearly mark it and request that the
MMS treat it as confidential. The MMS
will not disclose such information,
subject to the standards of FOIA.
However, the MMS will not treat as
confidential any aggregate summaries of
such information or comments not
containing such information. Please
label privileged or confidential
information ‘‘Contains Confidential
Information’’ and consider submitting
such information as a separate
attachment to your comments.
Background. The Energy Policy Act of
2005 amended the OCS Lands Act by
adding subsection 8(p), which
authorizes the Secretary of the Interior
to grant a lease, easement or right-ofway on the OCS for activities that are
not otherwise authorized by the OCS
Lands Act or other existing law and that
(1) produce or support production,
transportation, or transmission of energy
from sources other than oil or gas; or (2)
use for energy-related purposes or for
other authorized marine-related
purposes, facilities currently or
previously used for activities authorized
under the OCS Lands Act. This
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62673
authority was delegated from the
Secretary to the MMS Director on March
20, 2006. This Notice pertains only to
the activities covered in (1) above.
The MMS is developing an
Alternative Energy and Alternate Use
(AEAU) program and associated
regulations. We also are analyzing the
environmental consequences of
establishing an AEAU program in a
Programmatic Environmental Impact
Statement (PEIS) being prepared
pursuant to the National Environmental
Policy Act (NEPA). The MMS began the
rulemaking process by issuing an
Advance Notice of Proposed
Rulemaking on December 30, 2005. The
MMS started the preparation of the PEIS
with a Notice of Intent issued on May
5, 2006. Subsequently, we held scoping
meetings around the country in Spring
2006, issued a draft PEIS for comment
on March 21, 2007, and held hearings
on the draft PEIS in Spring 2007. The
MMS issued its final PEIS on November
6, 2007. Later this year, the MMS will
issue its Record of Decision on the PEIS
and plans to publish a Notice of
Proposed Rulemaking. This Notice is
not part of the rulemaking process.
While the MMS is developing the
AEAU program, we have adhered to a
policy of not considering proposals for
new alternative energy projects until
after completion of the PEIS and
issuance of a final rulemaking. During
this time, we have proceeded with
environmental analyses under NEPA on
only two projects identified in the
‘‘savings provision’’ included as section
388(d) of the Energy Policy Act of 2005.
Interim Policy for Authorization of
Resource Data Collection and
Technology Testing Facilities. Among
the first steps of alternative energy
project development is the collection of
resource data. Such data are often
required by component manufacturers,
such as wind turbine suppliers, and by
financial backers. Thus, initial site
assessment activities, such as
meteorological tower installation and
operation, are properly considered a
first phase of commercial alternative
energy production on the OCS.
Similarly, activities involving the
installation and operation of facilities to
test alternative energy generating
technologies advance the development
of an alternative industry offshore and
support the ultimate deployment of
commercial-scale alternative energy
production on the OCS. For these
reasons, installation and operation of
resource data collection and technology
testing facilities on the OCS are deemed
by the MMS to support production of
alternative energy and therefore leases
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62674
Federal Register / Vol. 72, No. 214 / Tuesday, November 6, 2007 / Notices
for this activity are authorized under
subsection 8(p) of the OCS Lands Act.
The MMS is initiating this interim
policy under which resource data
collection facilities, such as
meteorological towers and wave and
current data collection instruments, and
technology testing facilities, such as
wave and current turbines, could be
considered and authorized for
installation and operation on the OCS
before promulgation of final rules. Many
stakeholders—including coastal states,
alternative energy project proponents,
nongovernmental organizations, and the
general public—have commented to the
MMS, recommending that OCS
alternative energy resource assessment
activities be authorized expeditiously.
The MMS wishes to be responsive and
believes that significant benefits would
accrue to both the stakeholders and the
Federal Government if we expedite the
ability to acquire resource data and
technology testing results to inform
future decision-making with respect to
the AEAU program.
This interim policy would not apply
to project proposals for the installation
of turbines or other energy generating
devices associated with the commercial
development of alternative energy
resources on the OCS (i.e., sale or
distribution for compensation). Projects
that MMS is currently evaluating
pursuant to the ‘‘savings provision’’ of
Section 388 of the Energy Policy Act of
2005 would not be affected or limited by
this interim policy. Thus, any
authorization issued under the interim
policy would be limited in scope to the
installation of meteorological, marine,
or other resource data collection
facilities and associated data collection
activities and the installation and
operation of technology testing
facilities. Offshore wind turbine
technologies will not be authorized for
technology testing through this interim
policy.
The interim policy would be in effect
until the MMS promulgates final rules
for the AEAU program, at which time all
AEAU program activities will be
regulated under those rules. However,
the MMS may limit the number of
authorizations under this interim
policy. Parties wishing to receive
authorizations for data collection
activities and technology testing may
continue to submit requests under the
interim policy until the final rules are
in place.
Leases. Under this interim policy the
MMS would issue limited-term leases
authorizing data collection activities
and technology testing in support of
alternative energy production subject to
obtaining necessary approvals for
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16:55 Nov 05, 2007
Jkt 214001
construction and placement of
associated structures on the OCS lease
area. Such leases would have a limited
term and would confer no priority rights
to subsequently develop an alternative
energy facility on the OCS for generating
electricity or other produced energy for
commercial sale or distribution. The
MMS proposes a lease term of 5 years.
Any subsequent MMS authorizations for
commercial alternative energy facilities
would be processed independently in
accordance with subsection 8(p) of the
OCS Lands Act and the associated
implementing regulations currently in
development by the MMS. However, the
initial lease term may be extended at the
discretion of the MMS if the lessee
demonstrates that more time is needed
to conduct data collection or technology
testing activities. The size of each lease
issued would be designed to
accommodate the activities proposed,
but multiple facilities in noncontiguous
areas would require separate leases.
As required by subsection 8(p)(3) of
the OCS Lands Act, leases for
alternative energy resource assessment
and technology testing must be issued
on a competitive basis unless the MMS
determines, after public notice, that
there is no competitive interest. The
MMS will consider nominations and
other information received in response
to this notice to evaluate competitive
interest in leases for alternative energy
resource assessment and technology
testing. In cases where we determine
that there is competitive interest in the
same geographic area, we may conduct
a competitive auction (lease sale).
Otherwise, we may proceed to issue
leases noncompetitively on a case-bycase basis. The MMS will use criteria,
such as complexity of facilities,
proposed installation dates, and
available MMS resources to oversee
such projects, in setting priorities and
determining the number of applications
we will consider. As required by
subsection 8(p)(7) of the OCS Lands Act,
the MMS will coordinate and consult
with the Governor of any State or the
executive of any local government that
may be affected by a lease issued under
the interim policy.
The installation of resource data
collection and technology testing
facilities will require the submission of
a plan describing the proposed
construction, operation, and removal of
the facility, which will be subject to
MMS review before authorization of the
proposed activities. Each lease and
associated activities must comply fully
with all applicable laws and regulations
(e.g., NEPA, the Coastal Zone
Management Act, the Endangered
Species Act, the Marine Mammal
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Fmt 4703
Sfmt 4703
Protection Act, the Rivers and Harbors
Act, the Clean Air and Water Acts, and
U.S. Coast Guard and Federal Aviation
Administration requirements). A NEPA
review of potential environmental
impacts will be conducted for each
lease, and appropriate restrictions and
mitigation measures may be applied.
Unless otherwise authorized by the
Director, any facilities constructed on
the lease must be removed when the
lease expires, and removal of facilities
must be accomplished in a manner
approved by the MMS. The MMS will
require an annual rental payment for
each lease and proposes that the rental
amount be $3.00 per acre. Also, the
MMS will require lessees to meet
appropriate financial assurance
requirements to guarantee compliance
with all terms and conditions of the
lease. The specific terms and conditions
of this authorization, including plan
information, rental payments and
financial assurance requirements, will
be set forth in the lease instrument, a
draft of which will be published for
public review and comment. The draft
lease instrument may include the
clauses listed below.
1. Rights of Lessee.
2. Reservations to Lessor.
3. Effective Date and Lease Term (5
years proposed).
4. Designation of Operator.
5. Applicable Statutes and Regulations.
6. Rentals ($3.00 per acre proposed).
7. Notice of Commencement and
Termination of Activities.
8. Project Plan.
9. Compliance.
10. Progress Reports.
11. Confidentiality of Information.
12. Inspections.
13. Violations, Suspensions and
Cancellations.
14. Liability of Lessee.
15. Security.
16. Assignment or Transfer of Lease.
17. Surrender of Lease.
18. Removal of Property and Restoration
of the Leased Area on Termination.
19. Debarment Compliance.
20. Notices.
Leases issued under this interim
policy will grant the lessee exclusive
rights to conduct the activities
identified in the lease on the designated
OCS lease area. However, the MMS is
not restricted from, and may consider,
authorizing other activities on the same
area of the OCS that do not impede on
or interfere with the original lessee’s
exclusive rights under its lease.
Applicability. In accordance with
subsection 8(p)(10) of the OCS Lands
Act, data collection and technology
testing activities may not be authorized
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Federal Register / Vol. 72, No. 214 / Tuesday, November 6, 2007 / Notices
mstockstill on PROD1PC66 with NOTICES
within the exterior boundaries of any
unit of the National Park System,
National Wildlife Refuge System, or
National Marine Sanctuary System, or
any National Monument. Also, any
request for authorization of data
collection or technology testing
activities in the areas of Nantucket
Sound off Massachusetts and off Jones
Beach, Long Island, New York, would
be considered by the MMS to determine
what impact any such authorizations
would have on projects that are
currently being evaluated by MMS
pursuant to the ‘‘savings provision’’
included as section 388(d) of the Energy
Policy Act of 2005.
authorization you are interested in
acquiring?
(4) Is the rental rate of $3.00 per acre
appropriate?
(5) How much acreage should be
authorized for the types of activities
proposed and how should leases for
such activities be appropriately spaced
(i.e., inclusion of buffers)?
(6) How should the MMS define
technology testing activities and what
specific types of activities should be
authorized by technology testing leases?
Should technology testing leases
accommodate projects that would
require a transmission cable to connect
to onshore interconnection points?
Information Requested From
Commenters
As the MMS proposes to authorize on
a limited basis the installation of data
collection and technology testing
facilities to produce or support
production of alternative energy on the
OCS, we invite all interested and
affected parties to provide comments on
any aspect of the interim policy. We
also would appreciate responses to the
questions posed below.
(1) Would you be interested in
acquiring an alternative energy resource
assessment lease or technology testing
lease as proposed under the interim
policy? If so, please identify the
resource(s) you would want to assess
(e.g., wind, wave, current) and the
technology you would want to test and
provide a general description of the type
and number of installations or
technologies you would use,
prospective locations, and a project
schedule for the activities you would
propose to pursue. The MMS requests
respondents to identify prospective
locations by depicting them on Official
Protraction Diagrams (Leasing Maps for
areas off Texas and Louisiana) available
from each MMS regional office and
online at https://www.mms.gov/ld/
Maps.htm. For areas such as those off
Hawaii and Alaska that have
nonexistent or incomplete Official
Protraction Diagrams, please identify
prospective locations by latitude and
longitude (NAD 83). If you submit such
nomination and application
information, please provide the name,
telephone number, and e-mail address
of an individual for the MMS to contact.
(2) Would you be willing to
collaborate and enter into joint ventures
with other prospective lessees who
express interest in acquiring the same
location for an alternative energy
resource assessment or technology
testing lease?
(3) What would be an appropriate
lease term (duration) for the
Dated: October 25, 2007.
Randall B. Luthi,
Director, Minerals Management Service.
[FR Doc. E7–21793 Filed 11–5–07; 8:45 am]
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BILLING CODE 4310–MR–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–598]
In the Matter of Certain Unified
Communications Systems, Products
Used With Such Systems, and
Components Thereof; Notice of
Commission Decision Not To Review
an Initial Determination Granting
Complainant’s Motion To Amend the
Complaint
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
SUMMARY: Notice is hereby given that
the U.S. International Trade
Commission has determined not to
review an initial determination (‘‘ID’’)
(Order No. 19) of the presiding
administrative law judge (‘‘ALJ’’)
granting complainant’s motion to amend
the complaint in the above-captioned
investigation.
FOR FURTHER INFORMATION CONTACT:
Clint Gerdine, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street, SW.,
Washington, DC 20436, telephone (202)
708–2310. Copies of non-confidential
documents filed in connection with this
investigation are or will be available for
inspection during official business
hours (8:45 a.m. to 5:15 p.m.) in the
Office of the Secretary, U.S.
International Trade Commission, 500 E
Street, SW., Washington, DC 20436,
telephone (202) 205–2000. General
information concerning the Commission
may also be obtained by accessing its
Internet server at https://www.usitc.gov.
PO 00000
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Fmt 4703
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62675
The public record for this investigation
may be viewed on the Commission’s
electronic docket (EDIS) at https://
edis.usitc.gov. Hearing-impaired
persons are advised that information on
this matter can be obtained by
contacting the Commission’s TDD
terminal on (202) 205–1810.
SUPPLEMENTARY INFORMATION: The
Commission instituted this investigation
on March 26, 2007, based on a
complaint filed by Microsoft
Corporation (‘‘Microsoft’’) of Redmond,
Washington. 72 FR 14138–9. The
complaint, as amended and
supplemented, alleges violations of
section 337 of the Tariff Act of 1930, as
amended, 19 U.S.C. **1337, in the
importation into the United States, the
sale for importation, and the sale within
the United States after importation of
certain unified communications
systems, products used with such
systems, and components thereof by
reason of infringement of certain claims
of U.S. Patent Nos. 6,421,439 (‘‘the ‘439
patent’’); 6,430,289 (‘‘the ‘289 patent’’);
6,263,064 (‘‘the ‘064 patent’’); and
6,728,357 (‘‘the ‘357 patent’’). The
complaint further alleges the existence
of a domestic industry. The
Commission’s notice of investigation
named Alcatel-Lucent of Paris, France
as the only respondent.
On April 20, 2007, Microsoft initially
moved to amend the complaint to: (1)
Substitute Alcatel Business Systems for
Alcatel-Lucent as respondent in this
investigation, and (2) add allegations of
infringement of claims 8, 28, 38, and 48
of the ‘439 patent, and claim 20 of the
‘064 patent. Alcatel-Lucent, proposed
respondent Alcatel Business Systems,
and the Commission investigative
attorney did not oppose the motion.
On May 17 and September 20, 2007,
respectively, the Commission
determined not to review IDs, issued by
the presiding ALJ, granting Microsoft’s
motions to amend the complaint and to
terminate the investigation in part based
on Microsoft’s withdrawal of certain
claims. On October 23, 2007, the
Commission determined not to review
an ID granting Microsoft’s withdrawal of
additional claims.
On October 12, 2007, respondent filed
an unopposed motion to further amend
the complaint to reflect a corporate
name change from Alcatel Business
Systems to Alcatel-Lucent Enterprise.
On October 15, 2007, the ALJ issued
the subject ID granting respondent’s
motion to amend the complaint. No
party petitioned for review of the ID
pursuant to 19 CFR 210.43(a). The
Commission has determined not to
review this ID.
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]]>Agencies
[Federal Register Volume 72, Number 214 (Tuesday, November 6, 2007)]
[Notices]
[Pages 62673-62675]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-21793]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Minerals Management Service
Request for Information and Nominations of Areas for Leases
Authorizing Alternative Energy Resource Assessment and Technology
Testing Activities Pursuant to Subsection 8(p) of the Outer Continental
Shelf Lands Act, as Amended
AGENCY: Minerals Management Service (MMS), Interior.
ACTION: Request for information and nominations.
-----------------------------------------------------------------------
SUMMARY: The Minerals Management Service (MMS) invites comments
concerning the authorization of activities on the Outer Continental
Shelf (OCS) involving the installation of meteorological or marine data
collection facilities to assess alternative energy resources (e.g.,
wind, wave, and ocean current) or to test alternative energy technology
to produce or support production of alternative energy. The MMS intends
to adopt an interim policy to authorize such facilities (e.g.,
meteorological towers or wave and current data collection instruments
and wave or current generators or other developing technology) under
subsection 8(p) of the OCS Lands Act, as amended by section 388 of the
Energy Policy Act of 2005. Parties wishing to obtain such
authorizations should submit detailed and specific nomination and
application information as described below.
DATES: The MMS requests comments by January 7, 2008. We will begin
review on that date and consider all comments received by that time.
ADDRESSES: You may submit your comments by one of two methods:
(1) Commenting electronically using the MMS Public Connect online
commenting system (https://ocsconnect.mms.gov).
(2) Mailing your comments to the following address: Minerals
Management Service, Offshore Minerals Management, Alternative Energy
and Alternate Use Team, 381 Elden Street, Herndon, Virginia 20170-4817.
FOR FURTHER INFORMATION CONTACT: Ms. Maureen Bornholdt, Minerals
Management Service, Offshore Minerals Management, 381 Elden Street,
Herndon, Virginia 20170-4817, (703) 787-1300, Mail Stop 4080.
SUPPLEMENTARY INFORMATION: Public Comment Policy. Before including your
address, phone number, e-mail address, or other personal identifying
information in your submission, you should be aware that your entire
submission--including your personal identifying information--may be
made publicly available at any time. While you may ask us in your
comment to withhold your personal identifying information from public
review, we cannot guarantee that we will be able to do so.
The MMS will protect privileged or confidential information that
you submit as allowed 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 that you submit,
clearly mark it and request that the MMS treat it as confidential. The
MMS will not disclose such information, subject to the standards of
FOIA. However, the MMS will not treat as confidential any aggregate
summaries of such information or comments not containing such
information. Please label privileged or confidential information
``Contains Confidential Information'' and consider submitting such
information as a separate attachment to your comments.
Background. The Energy Policy Act of 2005 amended the OCS Lands Act
by adding subsection 8(p), which authorizes the Secretary of the
Interior to grant a lease, easement or right-of-way on the OCS for
activities that are not otherwise authorized by the OCS Lands Act or
other existing law and that (1) produce or support production,
transportation, or transmission of energy from sources other than oil
or gas; or (2) use for energy-related purposes or for other authorized
marine-related purposes, facilities currently or previously used for
activities authorized under the OCS Lands Act. This authority was
delegated from the Secretary to the MMS Director on March 20, 2006.
This Notice pertains only to the activities covered in (1) above.
The MMS is developing an Alternative Energy and Alternate Use
(AEAU) program and associated regulations. We also are analyzing the
environmental consequences of establishing an AEAU program in a
Programmatic Environmental Impact Statement (PEIS) being prepared
pursuant to the National Environmental Policy Act (NEPA). The MMS began
the rulemaking process by issuing an Advance Notice of Proposed
Rulemaking on December 30, 2005. The MMS started the preparation of the
PEIS with a Notice of Intent issued on May 5, 2006. Subsequently, we
held scoping meetings around the country in Spring 2006, issued a draft
PEIS for comment on March 21, 2007, and held hearings on the draft PEIS
in Spring 2007. The MMS issued its final PEIS on November 6, 2007.
Later this year, the MMS will issue its Record of Decision on the PEIS
and plans to publish a Notice of Proposed Rulemaking. This Notice is
not part of the rulemaking process.
While the MMS is developing the AEAU program, we have adhered to a
policy of not considering proposals for new alternative energy projects
until after completion of the PEIS and issuance of a final rulemaking.
During this time, we have proceeded with environmental analyses under
NEPA on only two projects identified in the ``savings provision''
included as section 388(d) of the Energy Policy Act of 2005.
Interim Policy for Authorization of Resource Data Collection and
Technology Testing Facilities. Among the first steps of alternative
energy project development is the collection of resource data. Such
data are often required by component manufacturers, such as wind
turbine suppliers, and by financial backers. Thus, initial site
assessment activities, such as meteorological tower installation and
operation, are properly considered a first phase of commercial
alternative energy production on the OCS. Similarly, activities
involving the installation and operation of facilities to test
alternative energy generating technologies advance the development of
an alternative industry offshore and support the ultimate deployment of
commercial-scale alternative energy production on the OCS. For these
reasons, installation and operation of resource data collection and
technology testing facilities on the OCS are deemed by the MMS to
support production of alternative energy and therefore leases
[[Page 62674]]
for this activity are authorized under subsection 8(p) of the OCS Lands
Act.
The MMS is initiating this interim policy under which resource data
collection facilities, such as meteorological towers and wave and
current data collection instruments, and technology testing facilities,
such as wave and current turbines, could be considered and authorized
for installation and operation on the OCS before promulgation of final
rules. Many stakeholders--including coastal states, alternative energy
project proponents, nongovernmental organizations, and the general
public--have commented to the MMS, recommending that OCS alternative
energy resource assessment activities be authorized expeditiously. The
MMS wishes to be responsive and believes that significant benefits
would accrue to both the stakeholders and the Federal Government if we
expedite the ability to acquire resource data and technology testing
results to inform future decision-making with respect to the AEAU
program.
This interim policy would not apply to project proposals for the
installation of turbines or other energy generating devices associated
with the commercial development of alternative energy resources on the
OCS (i.e., sale or distribution for compensation). Projects that MMS is
currently evaluating pursuant to the ``savings provision'' of Section
388 of the Energy Policy Act of 2005 would not be affected or limited
by this interim policy. Thus, any authorization issued under the
interim policy would be limited in scope to the installation of
meteorological, marine, or other resource data collection facilities
and associated data collection activities and the installation and
operation of technology testing facilities. Offshore wind turbine
technologies will not be authorized for technology testing through this
interim policy.
The interim policy would be in effect until the MMS promulgates
final rules for the AEAU program, at which time all AEAU program
activities will be regulated under those rules. However, the MMS may
limit the number of authorizations under this interim policy. Parties
wishing to receive authorizations for data collection activities and
technology testing may continue to submit requests under the interim
policy until the final rules are in place.
Leases. Under this interim policy the MMS would issue limited-term
leases authorizing data collection activities and technology testing in
support of alternative energy production subject to obtaining necessary
approvals for construction and placement of associated structures on
the OCS lease area. Such leases would have a limited term and would
confer no priority rights to subsequently develop an alternative energy
facility on the OCS for generating electricity or other produced energy
for commercial sale or distribution. The MMS proposes a lease term of 5
years. Any subsequent MMS authorizations for commercial alternative
energy facilities would be processed independently in accordance with
subsection 8(p) of the OCS Lands Act and the associated implementing
regulations currently in development by the MMS. However, the initial
lease term may be extended at the discretion of the MMS if the lessee
demonstrates that more time is needed to conduct data collection or
technology testing activities. The size of each lease issued would be
designed to accommodate the activities proposed, but multiple
facilities in noncontiguous areas would require separate leases.
As required by subsection 8(p)(3) of the OCS Lands Act, leases for
alternative energy resource assessment and technology testing must be
issued on a competitive basis unless the MMS determines, after public
notice, that there is no competitive interest. The MMS will consider
nominations and other information received in response to this notice
to evaluate competitive interest in leases for alternative energy
resource assessment and technology testing. In cases where we determine
that there is competitive interest in the same geographic area, we may
conduct a competitive auction (lease sale). Otherwise, we may proceed
to issue leases noncompetitively on a case-by-case basis. The MMS will
use criteria, such as complexity of facilities, proposed installation
dates, and available MMS resources to oversee such projects, in setting
priorities and determining the number of applications we will consider.
As required by subsection 8(p)(7) of the OCS Lands Act, the MMS will
coordinate and consult with the Governor of any State or the executive
of any local government that may be affected by a lease issued under
the interim policy.
The installation of resource data collection and technology testing
facilities will require the submission of a plan describing the
proposed construction, operation, and removal of the facility, which
will be subject to MMS review before authorization of the proposed
activities. Each lease and associated activities must comply fully with
all applicable laws and regulations (e.g., NEPA, the Coastal Zone
Management Act, the Endangered Species Act, the Marine Mammal
Protection Act, the Rivers and Harbors Act, the Clean Air and Water
Acts, and U.S. Coast Guard and Federal Aviation Administration
requirements). A NEPA review of potential environmental impacts will be
conducted for each lease, and appropriate restrictions and mitigation
measures may be applied. Unless otherwise authorized by the Director,
any facilities constructed on the lease must be removed when the lease
expires, and removal of facilities must be accomplished in a manner
approved by the MMS. The MMS will require an annual rental payment for
each lease and proposes that the rental amount be $3.00 per acre. Also,
the MMS will require lessees to meet appropriate financial assurance
requirements to guarantee compliance with all terms and conditions of
the lease. The specific terms and conditions of this authorization,
including plan information, rental payments and financial assurance
requirements, will be set forth in the lease instrument, a draft of
which will be published for public review and comment. The draft lease
instrument may include the clauses listed below.
1. Rights of Lessee.
2. Reservations to Lessor.
3. Effective Date and Lease Term (5 years proposed).
4. Designation of Operator.
5. Applicable Statutes and Regulations.
6. Rentals ($3.00 per acre proposed).
7. Notice of Commencement and Termination of Activities.
8. Project Plan.
9. Compliance.
10. Progress Reports.
11. Confidentiality of Information.
12. Inspections.
13. Violations, Suspensions and Cancellations.
14. Liability of Lessee.
15. Security.
16. Assignment or Transfer of Lease.
17. Surrender of Lease.
18. Removal of Property and Restoration of the Leased Area on
Termination.
19. Debarment Compliance.
20. Notices.
Leases issued under this interim policy will grant the lessee
exclusive rights to conduct the activities identified in the lease on
the designated OCS lease area. However, the MMS is not restricted from,
and may consider, authorizing other activities on the same area of the
OCS that do not impede on or interfere with the original lessee's
exclusive rights under its lease.
Applicability. In accordance with subsection 8(p)(10) of the OCS
Lands Act, data collection and technology testing activities may not be
authorized
[[Page 62675]]
within the exterior boundaries of any unit of the National Park System,
National Wildlife Refuge System, or National Marine Sanctuary System,
or any National Monument. Also, any request for authorization of data
collection or technology testing activities in the areas of Nantucket
Sound off Massachusetts and off Jones Beach, Long Island, New York,
would be considered by the MMS to determine what impact any such
authorizations would have on projects that are currently being
evaluated by MMS pursuant to the ``savings provision'' included as
section 388(d) of the Energy Policy Act of 2005.
Information Requested From Commenters
As the MMS proposes to authorize on a limited basis the
installation of data collection and technology testing facilities to
produce or support production of alternative energy on the OCS, we
invite all interested and affected parties to provide comments on any
aspect of the interim policy. We also would appreciate responses to the
questions posed below.
(1) Would you be interested in acquiring an alternative energy
resource assessment lease or technology testing lease as proposed under
the interim policy? If so, please identify the resource(s) you would
want to assess (e.g., wind, wave, current) and the technology you would
want to test and provide a general description of the type and number
of installations or technologies you would use, prospective locations,
and a project schedule for the activities you would propose to pursue.
The MMS requests respondents to identify prospective locations by
depicting them on Official Protraction Diagrams (Leasing Maps for areas
off Texas and Louisiana) available from each MMS regional office and
online at https://www.mms.gov/ld/Maps.htm. For areas such as those off
Hawaii and Alaska that have nonexistent or incomplete Official
Protraction Diagrams, please identify prospective locations by latitude
and longitude (NAD 83). If you submit such nomination and application
information, please provide the name, telephone number, and e-mail
address of an individual for the MMS to contact.
(2) Would you be willing to collaborate and enter into joint
ventures with other prospective lessees who express interest in
acquiring the same location for an alternative energy resource
assessment or technology testing lease?
(3) What would be an appropriate lease term (duration) for the
authorization you are interested in acquiring?
(4) Is the rental rate of $3.00 per acre appropriate?
(5) How much acreage should be authorized for the types of
activities proposed and how should leases for such activities be
appropriately spaced (i.e., inclusion of buffers)?
(6) How should the MMS define technology testing activities and
what specific types of activities should be authorized by technology
testing leases? Should technology testing leases accommodate projects
that would require a transmission cable to connect to onshore
interconnection points?
Dated: October 25, 2007.
Randall B. Luthi,
Director, Minerals Management Service.
[FR Doc. E7-21793 Filed 11-5-07; 8:45 am]
BILLING CODE 4310-MR-P
