Commercial Leasing for Wind Power on the Outer Continental Shelf (OCS) Offshore Delaware-Request for Interest (RFI), 21653-21657 [2010-9610]

Agencies

• DEPARTMENT OF THE INTERIOR
• Minerals Management Service

[Federal Register Volume 75, Number 79 (Monday, April 26, 2010)]
[Notices]
[Pages 21653-21657]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-9610]



[[Page 21653]]

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DEPARTMENT OF THE INTERIOR

Minerals Management Service

[Docket No. MMS-2010-OMM-0017]


Commercial Leasing for Wind Power on the Outer Continental Shelf 
(OCS) Offshore Delaware--Request for Interest (RFI)

AGENCY: Minerals Management Service, Interior.

ACTION: RFI in renewable energy leasing offshore Delaware, and 
invitation of comments from interested and affected parties.

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SUMMARY: The Minerals Management Service (MMS) invites submissions 
describing interest in obtaining one or more commercial leases for the 
construction of a wind energy project(s) on the OCS offshore Delaware. 
The MMS will use responses to this RFI to enable MMS to gauge specific 
interest in commercial development of OCS wind resources in the area 
described, as required by 43 U.S.C. 1337(p)(3). Parties wishing to 
obtain a commercial lease for a wind energy project should submit 
detailed and specific information as described below in the section 
entitled, ``Required Indication of Interest Information.'' Also, with 
this announcement the MMS invites all interested and affected parties 
to comment and provide information--including information on 
environmental issues and concerns--that will be useful in the 
consideration of the area of interest for commercial wind energy 
leases.
    This RFI is published pursuant to subsection 8(p) of the OCS Lands 
Act, as amended by section 388 of the Energy Policy Act of 2005 (EPAct) 
(43 U.S.C. 1337(p)(3)) and the implementing regulations at 30 CFR Part 
285.
    The area of interest rests between the incoming and outgoing 
shipping routes for Delaware Bay. The geographic extent was selected 
based on preliminary indications of interest from developers in 
response to Delmarva Power's Request for Proposals (RFP) in 2006 and 
through consultation with the MMS Delaware OCS Renewable Energy Task 
Force. A detailed description of the area of interest is found later in 
this notice.

DATES: The MMS must receive your submission indicating your interest in 
this potential commercial leasing area no later than June 25, 2010 for 
your submission to be considered. The MMS requests comments or other 
submissions of information by this same date. We will consider only the 
submissions we receive by that time.
    Submission Procedures: You may submit your indications of interest, 
comments, and information by one of two methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Under 
the tab ``More Search Options,'' click ``Advanced Docket Search,'' then 
select ``Minerals Management Service'' from the agency drop-down menu, 
then click ``submit.'' In the Docket ID column, select MMS-2010-OMM-
0017 to submit public comments and to view supporting and related 
materials available for this rulemaking. Information on using 
Regulations.gov, including instructions for accessing documents, 
submitting comments, and viewing the docket after the close of the 
comment period, is available through the site's ``User Tips'' link;
    2. By mail, sending your indications of interest, comments, and 
information to the following address: Minerals Management Service, 
Office of Offshore Alternative Energy Programs, 381 Elden Street, Mail 
Stop 4090, Herndon, VA 20170.

FOR FURTHER INFORMATION CONTACT: Erin C. Trager, Projects and 
Coordination Branch, Minerals Management Service, Office of Offshore 
Alternative Energy Programs, 381 Elden Street, Mail Stop 4090, Herndon, 
Virginia 20170-4817; telephone (703) 787-1223.

SUPPLEMENTARY INFORMATION:

Purpose of the Request for Interest

    The OCS Lands Act requires MMS to award leases competitively, 
unless MMS makes a determination that there is no competitive interest 
(43 U.S.C. 1337(p)(3)). This RFI is a preliminary step in the leasing 
process and the responses to it will assist MMS in determining if there 
is competitive interest in the area described herein on the OCS off the 
coast of Delaware. If, following this RFI, MMS determines that there is 
no competitive interest in this area off the coast of Delaware, MMS may 
proceed with the noncompetitive lease process pursuant to 30 CFR 
285.230 through 285.232 of the Renewable Energy and Alternate Uses of 
Existing Facilities on the Outer Continental Shelf (REAU) rulemaking. 
If, following this RFI, MMS determines that there is competitive 
interest in the area of interest, MMS may proceed with the competitive 
lease process set forth under 30 CFR 285.211 through 285.225. Whether 
the leasing process is competitive or noncompetitive, it will include 
opportunities for the public to provide input as well as a thorough 
environmental review, and will be conducted in conformance with all 
applicable laws.
    Parties other than those interested in obtaining a commercial lease 
are welcome to submit comments in response to this RFI. Additionally, 
MMS has formed a Delaware OCS Renewable Energy Task Force for 
coordination with affected Federal agencies and State, local, and 
Tribal governments throughout the leasing process. Task Force members 
and meeting materials are available on the MMS Web site at: https://www.mms.gov/offshore/RenewableEnergy/stateactivities.htm#Delaware.

Background

Energy Policy Act of 2005

    The EPAct amended the OCS Lands Act by adding subsection 8(p) that 
authorizes the Secretary of the Interior to grant a lease, easement, or 
right-of-way (ROW) on the OCS for activities that are not otherwise 
authorized by law and that produce or support the production, 
transportation, or transmission of energy from sources other than oil 
or gas. The EPAct also required the issuance of regulations to carry 
out the new authority pertaining to renewable energy on the OCS. The 
Secretary delegated the authority to issue leases, easements, and ROWs 
and to promulgate regulations to the Director of MMS.

Interim Policy

    After the passage of EPAct, the MMS created and published an 
Interim Policy (IP) to allow the issuance of leases to assess the 
renewable energy resource potential on the OCS and evaluate new 
technology. The IP governed the issuance of leases for the installation 
of offshore data collection and technology testing facilities on the 
OCS until the effective date of the REAU rule. Leases issued under the 
IP have terms of five years and confer no preferential right to 
acquire, develop, or operate commercially any renewable energy project 
on the OCS.
    The IP lease issuance process began on November 6, 2007, when MMS 
published in the Federal Register a Request for Information and 
Nominations for IP leases. Subsequently, MMS published a listing of the 
locations described in the responses to the Request for Information and 
Nominations in the Federal Register to determine if there was 
competitive interest in leasing the proposed areas pursuant to the IP. 
After considering responses to the second Federal Register notice, MMS 
determined that there was no

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competitive interest in any of the sites and decided to proceed with a 
noncompetitive leasing process. A single area on the OCS 14 miles 
offshore was nominated off the coast of Delaware by one developer. The 
MMS received an application for the construction of meteorological 
towers and other site assessment activities on the OCS for this area 
from Bluewater Wind Delaware LLC. The MMS executed an IP lease on 
November 1, 2009, with the installation of meteorological towers 
anticipated to begin in the summer of 2010.

Renewable Energy and Alternate Use Rulemaking

    The MMS began the REAU rulemaking process by issuing an Advance 
Notice of Proposed Rulemaking on December 30, 2005, (70 FR 250 December 
30, 2005). The MMS began the preparation of a Programmatic 
Environmental Impact Statement (PEIS), analyzing the environmental 
consequences of establishing a REAU program, with a Notice of Intent 
issued on May 5, 2006, (71 FR 87 May 5, 2006). Subsequently, MMS held 
scoping meetings, issued a draft PEIS for comment on March 21, 2007, 
and held hearings on the draft PEIS in the Spring of 2007. The MMS 
issued the final PEIS on November 6, 2007, and the related Record of 
Decision on January 10, 2008. In July 2008, MMS published a Notice of 
Proposed Rulemaking for the REAU rule (73 FR 132 July 9, 2008) and the 
comment period closed on September 8, 2008. After considering all 
comments submitted, MMS published the final REAU rule on April 29, 
2009, (74 FR 81 April 29, 2009).

Relevant Actions Taken by the State of Delaware

    In 2006, the Delaware General Assembly passed a bill directing the 
State's largest utility, Delmarva Power, to contract with providers of 
new power resources that will guarantee stable prices for electricity. 
The Delaware legislature also passed a Renewable Portfolio Standard 
(RPS) requiring that 20 percent of Delaware's electricity come from 
renewable sources by the year 2019. In November 2006, Delmarva Power 
issued a RFP for the construction of a new power plant to serve 
Delaware. Proposals were evaluated by Delmarva Power along with four 
State agencies: the Delaware Public Service Commission (PSC), the 
Delaware Energy Office, the Office of Management and Budget, and the 
Office of the Controller General. Bluewater Wind Delaware LLC submitted 
the winning proposal. In June 2008, Bluewater Wind Delaware LLC 
announced that it signed a 25-year power purchase agreement with 
Delmarva Power to sell up to 200 megawatts (MW) of power to the utility 
from an offshore wind facility proposed on the OCS, about 12.5 miles 
off of Rehoboth Beach. The agreement with Delmarva Power was ratified 
by the Delaware legislature on July 31, 2008.

Determination of Competitive Interest

    The first step in determining whether there is competitive interest 
in an area on the OCS for wind energy projects offshore of Delaware 
will be the evaluation of submissions indicating whether parties are 
willing to nominate particular areas of interest as suitable for 
renewable energy projects in response to this RFI. At the conclusion of 
the comment period for this RFI, the MMS will review information 
submitted and make a determination of whether competitive interest 
exists. Factors MMS may consider when evaluating the submittals 
include, but are not limited to: site locations; the timing and type of 
proposed activities; infrastructure; anticipated power production and 
likely purchasers; environmental and resource data and information; and 
the qualifications of a bidder to hold a lease on the OCS.
    Specifically, MMS will first determine whether there is any 
geographic overlap of the areas of interest. If two areas of interest 
fully or partially overlap, the competitive process will begin as 
outlined in 30 CFR 285.211 through 285.225 and discussed below.
    Situations may arise in which several parties nominate project 
areas that do not overlap. Under these circumstances, MMS could choose 
to employ an allocation system of leases that involves competition 
across tracts. This system is referred to as intertract competition and 
will also trigger the competitive process outlined in 30 CFR 285.211 
through 285.225 and discussed below.

Competitive Process

    If MMS determines that competitive interest exists for this area, 
it would proceed with the following defined process, as described in 30 
CFR 285.211 through 285.225:
    (1) Call for Information and Nominations (Call). The MMS would 
publish in the Federal Register a notice of a Call for Information and 
Nominations for leasing in specified areas. The comment period 
following the notice of a Call would be 45 days. In the notice, MMS may 
request comments seeking information on areas that should receive 
special consideration and analysis; on geological conditions (including 
bottom hazards); on archaeological sites on the seabed or nearshore; on 
possible multiple uses of the proposed leasing area (including 
navigation, recreation, and fisheries); and on other socioeconomic, 
biological, and environmental matters.
    In response to the Call, the MMS would require potential lessees to 
submit the following information: the area of interest for a possible 
lease; a general description of the potential lessee's objectives and 
the facilities that the potential lessee would use to achieve those 
objectives; a general schedule of proposed activities, including those 
leading to commercial operations; and data and information concerning 
renewable energy and environmental conditions in the area of interest, 
including the energy and resource data and information that was used to 
evaluate the area of interest. However, an applicant would not be 
required to resubmit information already submitted in response to this 
RFI.
    (2) Area Identification. The MMS would identify areas for 
environmental analysis and consideration for leasing in discussion with 
appropriate Federal agencies, States, local governments, Indian Tribes, 
and other interested parties based on the information submitted in this 
RFI and the Call.
    (3) Proposed Sale Notice. The MMS would then publish a Proposed 
Sale Notice (PSN) in the Federal Register and send the PSN to the 
Governor of any affected State and the executive of any local 
government that might be affected. The PSN would describe the areas 
offered for leasing and the proposed terms and conditions of a lease 
sale, including the proposed auction format, lease form, and lease 
provisions. Additionally, the PSN would describe the criteria and 
process for evaluating bids. Generally, the PSN would be issued after 
completion of the final National Environmental Policy Act (NEPA) 
documentation, preparation of the Consistency Determination as required 
by the Coastal Zone Management Act (CZMA) and its implementing 
regulations, and preparation of various analyses of proposed lease sale 
economic terms and conditions. The comment period following issuance of 
a PSN would be 60 days.
    Should MMS proceed with a competitive lease award process, MMS will 
use one of the following four auction formats to select the winner as 
described at 30 CFR Sec.  285.220: multiple-factor bidding; sealed 
bidding; ascending bidding; or two-stage bidding (a combination of 
ascending bidding and sealed bidding). The multi-factor

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auction format may consider factors such as: (1) Documentation that you 
have entered into a purchase power agreement with a utility based in 
the State of Delaware for the purchase of power from a wind power 
project on the OCS and/or (2) documentation of your receipt of, and 
progress under, a limited lease under MMS' IP for the installation of 
offshore data collection or technology testing facilities on the OCS 
offshore Delaware.
    (4) Final Sale Notice. The MMS would then publish the Final Sale 
Notice (FSN) in the Federal Register at least 30 days before the date 
of the sale. The MMS would publish the criteria for winning bid 
determinations in the FSN.
    (5) Bid Evaluation. Following publication of the FSN in the Federal 
Register, qualified bidders may submit their bids to MMS in accordance 
with procedures specified for the auction format to be used. The bids, 
including the bid deposits, if applicable, would be checked for 
technical and legal adequacy. The MMS would evaluate the bids to 
determine if the bidder has complied with all applicable regulations. 
The MMS reserves the right to reject any or all bids and the right to 
withdraw an offer to lease an area from the sale.
    If MMS were to use a multiple-factor auction format, the evaluation 
of bids would be made by a panel composed of members selected by MMS.
    Factors that likely would be considered for inclusion in this 
auction process are: Cash bonus; operating fees; rentals; technical 
merit, including site assessment efforts, project planning, and 
engineering studies; project experience; credit and security; the 
existence of power purchase arrangements; timeliness; financing and 
economics; environmental considerations; public benefits; and 
compatibility with State and local needs.
    The MMS would coordinate with States and other stakeholders, as 
appropriate, to establish procedures designed to assure the selection 
of the most worthy proposal that would provide a fair return to the 
United States.
    (6) Issuance of a Lease. Following the selection of a winning bid 
by the MMS, the submitter would be immediately notified of the decision 
and provided a set of official lease forms for execution. The 
successful bidder would have to pay the remaining 80 percent of the 
bonus bid, or other amount as specified in the Final Sale Notice, and 
file the required financial assurance within 10 days. Upon receipt of 
the required payments and properly executed lease forms, a lease would 
be issued to the successful bidder. The MMS leases would become 
effective on the first day of the month following the date the lease is 
signed by an MMS official unless MMS approves a written request that it 
become effective on the first day of the month in which it is signed. 
Within 45 days after receipt of the copies of the signed lease, payment 
of the first 6 months' rent is due.

Noncompetitive Process

    If, after evaluating the responses to this RFI, MMS determines that 
there is no competitive interest in a proposed lease, a lease may be 
issued noncompetitively pursuant to the process described in 30 CFR 
285.232, which is summarized below.
    Based on responses to this RFI, MMS would publish a notice of the 
proposed lease in the Federal Register. If, after publishing this 
notice, MMS receives no responses indicating competitive interest in 
the proposed lease, MMS would issue a determination that there is no 
competitive interest in the proposed lease.
    Within 60 days of the date of this determination, the lease 
applicant would be required to submit a Site Assessment Plan (SAP), as 
described in 30 CFR 285.231(d)(2)(i) and submit an acquisition fee 
pursuant to 30 CFR 285.502(a). Leases issued noncompetitively need to 
comply with the requirements of NEPA, CZMA, the Endangered Species Act 
(ESA), and other applicable Federal statutes. In accordance with 30 CFR 
285.231(e), MMS would coordinate and consult, as appropriate, with 
affected Federal agencies, State and local governments, and affected 
Indian Tribes in issuing a noncompetitive lease and developing lease 
terms and conditions.
    If, in response to the second Federal Register notice, MMS receives 
additional indications of interest in the proposed lease, MMS may 
determine that there is competitive interest and would follow the 
competitive process outlined above.

Other Process Issues

    In the event that there is geographically overlapping interest (or 
intertract competition) for some areas but not for others, MMS may 
defer announcement of the determination of competitive interest for 
leases involving the overlapping (or intertract) areas. In such a 
circumstance, MMS may first publish a notice of its determination of 
the proposed lease(s) for area(s) in which there is no competitive 
interest. Next, MMS would provide notice identifying the leases that 
were proposed for all areas for which there is competitive interest. 
All lease areas for which there is competitive interest would be 
processed under the competitive leasing procedures set forth in 30 CFR 
285.211 through 30 CFR 285.225. All lease(s) area(s) for which there is 
no competitive interest would be processed individually under the 
applicable provisions of 30 CFR 285.231.

Environmental Review

    The following describes MMS' environmental review process, which 
would be coordinated, to the extent possible, with any Federal and 
State agencies having jurisdiction over activities associated with OCS 
commercial wind energy leases. Other Federal and State agencies may 
have additional and separate environmental review, consultation, and 
permitting processes and requirements.
    After evaluating the responses to the RFI, but before publishing 
the PSN for a competitive lease sale or issuing a lease 
noncompetitively, MMS would prepare a NEPA analysis for public review 
and conduct required consultations with Federal and State agencies.
    Several consultations would be conducted and integrated into the 
NEPA process described below. These consultations include, but are not 
limited to, those required by the CZMA, ESA, Magnuson-Stevens Fishery 
Conservation and Management Act, National Historic Preservation Act, 
and Executive Order 13175--``Consultation and Coordination with Tribal 
Governments.'' These consultations would be completed prior to the 
issuance of any leases.
    Should MMS determine that lease issuance would significantly affect 
the quality of the human environment, MMS would begin the process of 
preparing an Environmental Impact Statement (EIS) to analyze the 
effects of issuing the lease(s) through either a noncompetitive or 
competitive process. This would include a public scoping period, 
including a minimum 30-day comment period and one or more public 
meetings, would be conducted to solicit input on the alternatives and 
issues to be addressed in a draft EIS. This review would describe the 
technology expected to be used or deemed necessary for site assessment, 
construction, operations, and decommissioning in the area proposed for 
leasing, and any potential direct, indirect, and cumulative impacts to 
biological and physical resources, as well as socioeconomic 
consequences. During this process, MMS would review pertinent published 
and unpublished studies from academic and other

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institutions and organizations and from other Federal and State 
agencies. Upon completion of a draft EIS, MMS would file the draft EIS 
with the Environmental Protection Agency (EPA) and would publish a 
Notice of Availability in the Federal Register. The draft EIS would be 
made available and distributed for public review and comment during a 
minimum 45-day public comment period.
    The MMS would hold one or more public hearings in the vicinity of 
the proposed lease area for the purpose of receiving comments on the 
draft EIS. The MMS would announce the time and location in the Federal 
Register at least 30 days before the public hearings.
    The MMS would analyze the comments and information received during 
public review process, including those from public hearings, along with 
any newly acquired information and, where appropriate, would 
incorporate this information into the final EIS. Based on the NEPA 
analysis, results of the consultations, and comments received, the MMS 
would develop lease terms or stipulations to protect sensitive areas 
and/or biological and cultural resources. After the public hearings, 
MMS would develop a final EIS. The MMS would file the final EIS with 
EPA and publish a Notice of Availability in the Federal Register.
    In a competitive leasing process, MMS would issue the final EIS 
with the PSN. In a noncompetitive leasing process, MMS would issue the 
final EIS at least 30 days prior to issuance of the lease.

Description of the Area

    The area of interest rests between the incoming and outgoing 
shipping routes for Delaware Bay. The geographic extent of the area was 
selected based on preliminary indications of interest from developers 
in response to Delmarva Power's RFP in 2006, and through consultation 
with the MMS Delaware OCS Renewable Energy Task Force. The following 
full OCS lease blocks are included within the area of interest: 
Salisbury NJ18-05 Blocks 6324, 6325, 6326, 6327, 6375, 6376, 6377, 
6426, 6427, 6477, and 6527. In addition, the following partial OCS 
lease blocks are included within the area of interest: Salisbury NJ18-
05 Blocks 6272, 6273, 6274, 6275, 6276, 6277, 6278, 6322, 6323, 6328, 
6373, 6374, 6378, 6424, 6425, 6428, 6475, 6476, 6478, 6526, 6528, 6577, 
and 6578.
    This area is bounded by four coordinate pairs (listed below in a 
clockwise direction) and its closest point to shore is approximately 
7.5 miles due east from Rehoboth Beach Delaware.
    Coordinates are provided in X, Y (eastings, northings) UTM Zone 
18N, NAD 83 and geographic (longitude, latitude), NAD83. Coordinate 
pairs start and end on the same location (Point No. 1).

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              Point No.                  X (easting)        Y (northing)        Longitude           Latitude
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1...................................      505537.918949     4289342.054910         -74.936267          38.752755
2...................................      537257.896672     4287622.083370         -74.571316          38.736486
3...................................      535159.620824     4262175.494230         -74.596744          38.507255
4...................................      530399.822669     4259687.322270         -74.651442          38.485007
1...................................      505537.918949     4289342.054910         -74.936267          38.752755
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Obstruction Area

    At this time, the MMS has identified at least one obstruction area 
within the area of interest, although more may be identified during a 
future project review process. Within this area lies a fish haven/
artificial reef site identified on National Oceanic and Atmospheric 
Administration (NOAA) nautical charts. The obstruction area's 
coordinates are listed below.

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              Point No.                  X (easting)        Y (northing)        Longitude           Latitude
----------------------------------------------------------------------------------------------------------------
1...................................      523043.216256     4281282.246340         -74.735077          38.679839
2...................................      525024.306894     4281183.549880         -74.712304          38.678896
3...................................      524708.429395     4279986.367770         -74.715978          38.668116
4...................................      524599.514352     4279572.346900         -74.717245          38.664388
5...................................      524255.539477     4279604.189130         -74.721198          38.664684
6...................................      522091.708618     4279798.266490         -74.746063          38.666490
7...................................      522393.836728     4281025.207860         -74.742551          38.677539
8...................................      522464.137335     4281311.495710         -74.741733          38.680118
1...................................      523043.216256     4281282.246340         -74.735077          38.679839
----------------------------------------------------------------------------------------------------------------

Traffic Separation Scheme (TSS) Buffer

    The U.S. Coast Guard will require an initial buffer from the edge 
of a traffic lane of 500 meters. Because proposed project 
characteristics will be unique to each individual project, the specific 
buffer may be adjusted as more information is collected. In addition, 
it is important to note that two-way routes, fairways, and TSSs are 
various forms of routing measures, and that distances from them will 
vary because of many factors, one of which is vessel traffic and rules-
of-the-road protocol.

Map of Area of Interest

    A map of the area of interest can be found at the following URL: 
https://www.mms.gov/offshore/RenewableEnergy/stateactivities.htm#Delaware
    A large-scale map of the RFI area showing boundaries of the RFI 
area with numbered blocks is available from MMS at the following 
address: Minerals Management Service, Office of Offshore Alternative 
Energy Programs, 381 Elden Street, Mail Stop 4090, Herndon, VA 20170, 
Phone: (703) 787-1300, Fax: (703) 787-1708.

Required Indication of Interest Information

    If you intend to submit an indication of interest in a commercial 
lease from MMS for the development of wind resources in the area(s) 
identified in this RFI, you must provide the following:
    (1) A description of the specific whole or partial OCS blocks or 
areas within the RFI area that are of interest for commercial 
development, including any required buffer area. Note that any 
indications of interest identifying areas greater than what would be 
reasonably necessary to develop a proposed

[[Page 21657]]

commercial wind facility will not be considered as valid indications of 
interest. In addition, MMS will not consider any areas outside of the 
RFI area in this process;
    (2) A description of your objectives and the facilities that you 
would use to achieve those objectives;
    (3) A schedule of proposed activities, including those leading to 
commercial operations;
    (4) Available and pertinent data and information concerning 
renewable energy and environmental conditions in the area of interest, 
including energy and resource data and information used to evaluate the 
area of interest;
    (5) Documentation demonstrating that you are qualified to hold a 
lease as set forth in 30 CFR 285.107, including documentation 
demonstrating that you are technically and financially capable of 
constructing, operating, maintaining, and decommissioning the 
facilities described in (2) above. Documentation of financial 
qualification may include information establishing access to sufficient 
capital to carry out development. Examples of documentation of 
technical qualification may include evidence of international or 
domestic experience with renewable energy projects or other types of 
electric-energy-related projects.

Protection of Privileged or Confidential Information

    The MMS will protect privileged or confidential information that 
you submit as required by the Freedom of Information Act (FOIA). 
Exemption 4 of FOIA applies to trade secrets and commercial or 
financial information that you submit that is privileged or 
confidential. If you wish to protect the confidentiality of such 
information, clearly mark it and request that the MMS treat it as 
confidential. The MMS will not disclose such information, subject to 
the requirements 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.

    Dated: March 31, 2010.
S. Elizabeth Birnbaum,
Director, Minerals Management Service.
[FR Doc. 2010-9610 Filed 4-23-10; 8:45 am]
BILLING CODE 4310-MR-P