Commercial Leasing for Wind Power on the Outer Continental Shelf (OCS) Off Delaware, Notice of Proposed Lease Area and Request for Competitive Interest, 4716-4719 [2011-1594]
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mstockstill on DSKH9S0YB1PROD with NOTICES
4716
Federal Register / Vol. 76, No. 17 / Wednesday, January 26, 2011 / Notices
Room 5230, 451 Seventh Street, SW.,
Washington, DC 20410–2000; e-mail
myron.p.newry@hud.gov; telephone
number (202) 708–2215 (this is not a
toll-free number). A
telecommunications device (TTY) for
hearing and speech impaired persons is
available at 1–800–877–8339 (this is a
toll-free number).
SUPPLEMENTARY INFORMATION: The
Department is submitting this proposed
information collection requirement to
OMB for processing, as described below.
This notice is soliciting comments
from members of the public and affected
agencies concerning the proposed
information collection in order to:
(1) Evaluate whether the proposed
information collection is necessary for
the proper performance of the functions
of the agency, including whether the
information will have practical utility;
(2) Evaluate the accuracy of the agency’s
estimate of the proposed collection of
information; (3) Enhance the quality,
utility and clarity of the information
which must be collected; and (4)
Minimize the burden of the information
collection on those who are to respond,
including the use of appropriate
automated collection techniques or
other forms of information technology,
e.g., electronic transmission of data.
Title of Regulation: 24 CFR Part 125,
Fair Housing Initiatives Program.
OMB Control Number, if applicable:
To be assigned.
Description of information collection:
The proposed information collection is
intended to provide consistency in
testing and testing methodologies. In
addition, it will entail the creation of a
course to train coordinators at fair
housing organizations nationwide on
paired testing. Participants will learn
consistent methodologies for rental
tests, home buying tests, and lending
tests for race, familial status, disability,
and national origin. The course will
cover both in-person and telephone
testing. With respect to methodology the
course will cover, at minimum, testers
training, creating tester profiles, proper
and consistent procedures for
structuring tests, producing tester
reports, and debriefing testers.
Agency form number(s), if applicable:
HUD forms have been identified in the
Department’s General Section.
Members of affected public: Qualified
Fair Housing Organizations (QFHOs)
Fair Housing Organizations (FHOs);
public or private non-profit
organizations or institutions and other
public or private entities that are
working to prevent or eliminate
discriminatory housing practices; State
and local governments; and Fair
Housing Assistance Program Agencies.
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Estimation of the total numbers of
hours needed to prepare the information
collection including the number of
respondents, frequency of response, and
hours of response: An estimation of the
total number of hours needed to prepare
the information collection is 4,793, the
likely number of respondents is 50, with
a frequency response of 4 per annum.
Status of the proposed information
collection: Proposed new collection.
Authority: The Paperwork Reduction Act
of 1995, 44 U.S.C. Chapter 35, as amended.
Dated: January 19, 2011.
Myron P. Newry,
Director, FHIP Support Division, Office of
Fair Housing and Equal Opportunity.
[FR Doc. 2011–1670 Filed 1–25–11; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management,
Regulation and Enforcement
[Docket No. BOEM–2010–0075]
Commercial Leasing for Wind Power
on the Outer Continental Shelf (OCS)
Off Delaware, Notice of Proposed
Lease Area and Request for
Competitive Interest
Bureau of Ocean Energy
Management, Regulation and
Enforcement (BOEMRE), Interior.
ACTION: Request for Competitive Interest
(RFCI) in Proposed Lease Area off
Delaware.
AGENCY:
BOEMRE provides public
notice of a proposed lease area for
commercial wind development on the
OCS off Delaware and requests
submission of indications of
competitive interest. The proposed lease
area was identified through the issuance
of a Request for Interest (RFI) published
in the Federal Register on April 26,
2010 (75 FR 21653). In response to that
notice, BOEMRE received two
nominations of proposed lease areas:
One from Bluewater Wind Delaware
LLC (Bluewater) and another from
Occidental Development & Equities,
LLC (Occidental). Subsequently,
BOEMRE determined that Bluewater is
qualified to hold an OCS commercial
wind lease in accordance with the
regulatory requirements at 30 CFR
285.106 and .107, and that Occidental
did not provide the necessary
documentation demonstrating that it
was qualified to hold an OCS
commercial lease at the time. As a
result, Occidental’s lease nomination
was nullified and Bluewater’s
nomination remained as the only
SUMMARY:
PO 00000
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eligible expression of interest upon
which to base the proposed lease area.
In accordance with 30 CFR 285.232, by
letter dated November 8, 2010, BOEMRE
informed Bluewater that there appeared
to be no competitive interest in the
proposed lease area and requested that
Bluewater inform BOEMRE if it wished
to proceed with acquiring a lease. By
correspondence dated December 3 and
December 9, 2010, Bluewater Wind
stated its intention to acquire a lease for
the proposed lease area and provided
documentation that it had submitted the
required acquisition fee.
This RFCI is published pursuant to
subsection 8(p)(3) 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.
Subsection 8(p)(3) of the OCS Lands Act
requires that OCS renewable energy
leases, easements, and rights-of-way be
issued ‘‘on a competitive basis unless
the Secretary determines after public
notice of a proposed lease, easement, or
right-of-way that there is no competitive
interest.’’ This RFCI provides such
public notice for the proposed lease
area. Also, with this announcement
BOEMRE invites all interested and
affected parties to comment and provide
information—including information on
existing uses and environmental issues
and concerns—that will be useful in the
environmental analysis of potential
wind development activities in the
proposed lease area. A detailed
description of the proposed lease area is
presented below.
DATES: BOEMRE must receive your
indication of competitive interest for
this entire proposed lease area no later
than February 10, 2011 for your
submission to be considered. BOEMRE
requests comments or other submissions
of information by this same date. We
will consider only valid submissions
that meet the criteria set forth in 30 CFR
Part 285 received by the due date above.
SUBMISSION PROCEDURES: You may
submit your indication of competitive
interest by one of two methods:
1. Electronically: https://
www.regulations.gov. In the entry titled
‘‘Enter Keyword or ID,’’ enter BOEM–
2010–0075, and then click ‘‘search’’.
Follow the instructions to submit public
comments and view supporting and
related materials available for this
notice. BOEMRE will post all
comments.
2. By mail, sending your indication of
interest, comments, and information to
the following address: Bureau of Ocean
Energy Management, Regulation and
Enforcement, Office of Offshore
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Federal Register / Vol. 76, No. 17 / Wednesday, January 26, 2011 / Notices
Alternative Energy Programs, 381 Elden
Street, Mail Stop 4090, Herndon,
Virginia 20170–4817.
FOR FURTHER INFORMATION CONTACT: Erin
C. Trager, Projects and Coordination
Branch, BOEMRE, Office of Offshore
Alternative Energy Programs, 381 Elden
Street, Mail Stop 4090, Herndon,
Virginia 20170–4817; telephone (703)
787–1713.
SUPPLEMENTARY INFORMATION:
Purpose of This RFCI
This RFCI gives parties the
opportunity to express interest in
competing for the acquisition of an OCS
commercial wind lease for the proposed
lease area. If BOEMRE receives valid
indications of competitive interest in
response to this notice, it may
implement the competitive lease
process outlined at 30 CFR 285.210–
.225. If BOEMRE receives no valid
indications of competitive interest and
determines that there is no competitive
interest, it may implement the
noncompetitive lease process outlined
at 30 CFR 285.232. Both the competitive
and noncompetitive processes and
related environmental review processes
were described in the RFI dated April
26, 2010.
Parties other than those interested in
obtaining a commercial lease are
welcome to submit comments in
response to this RFCI. Additionally,
BOEMRE 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
BOEMRE Web site at: https://www.
boemre.gov/offshore/RenewableEnergy/
stateactivities.3htm#Delaware.
Protraction name
Salisbury
Salisbury
Salisbury
Salisbury
Salisbury
Salisbury
Salisbury
Salisbury
Salisbury
Salisbury
Salisbury
Salisbury
Salisbury
Salisbury
Salisbury
Salisbury
Salisbury
Protraction No.
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In addition, the table below describes
the partial sub-blocks included in the
area of interest: The partial sub-blocks
are bounded by the coordinates
Protraction name
Salisbury
Salisbury
Salisbury
Salisbury
Salisbury
Salisbury
Salisbury
......................................
......................................
......................................
......................................
......................................
......................................
......................................
NJ18–05
NJ18–05
NJ18–05
NJ18–05
NJ18–05
NJ18–05
NJ18–05
NJ18–05
NJ18–05
NJ18–05
NJ18–05
NJ18–05
NJ18–05
NJ18–05
NJ18–05
NJ18–05
NJ18–05
Block No.
NJ18–05
NJ18–05
NJ18–05
NJ18–05
NJ18–05
NJ18–05
NJ18–05
6274
6275
6276
6374
6424
6425
6475
The proposed lease area consists of 10
OCS lease full blocks, 116 OCS lease
sub-blocks, and 18 OCS lease partial
sub-blocks. A sub-block for the purposes
of this RFCI is 1/16 of an OCS lease full
block. Following are the OCS lease full
blocks: Salisbury NJ18–05 Blocks 6325,
6326, 6327, 6375, 6376, 6377, 6426,
6427, 6477, and 6527. In addition, the
table below describes the OCS lease subblocks included within the area of
interest. Note that the most western
areas within the western column of subblocks in Salisbury NJ18–05 Blocks
6274 and 6324 will be stipulated to
prohibit any development activities
where the sub-block overlaps with the
charted ‘‘Danger Area,’’ an explosives
dumping ground. The sub-blocks that
will be stipulated based on this known
Explosives Dumping Ground are noted
below with an asterisk (*).
Block No.
6274
6275
6276
6277
6278
6324
6328
6374
6378
6424
6425
6428
6475
6476
6478
6526
6577
Sub-block
M*,N,O,P.
M,N,O,P.
M,N,O,P.
M,N,O,P.
M,N.
A*,B,C,D,E*,F,G,H,I*,J,K,L,M*,N,O,P.
A,B,E,F,I,J,M,N.
A,B,C,D,E,F,G,H,J,K,L,O,P.
A,B,E,F,I,J,M,N.
D.
A,B,C,D,E,F,G,H,I,J,K,L,N,O,P.
A,B,E,F,I,J,M.
C,D,H.
A,B,C,D,E,F,G,H,I,J,K,L,N,O,P.
A,E,I,M.
B,C,D,G,H,L.
B,C.
provided below the table as referenced
in the column Boundary edge.
Coordinates are provided in X, Y
(eastings, northings) UTM Zone 18N,
Protraction No.
Description of the Proposed Lease Area
NAD 83 and geographic (longitude,
latitude), NAD83.
Partial sub-block
Boundary edge
J,K,L ...........................................
I,J,K,L .........................................
I,J ................................................
I,N ...............................................
C,H,L ..........................................
M .................................................
B,G,L ..........................................
Northern**.
Northern**.
Northern**.
Southwestern***.
Southwestern***.
Southwestern***.
Southwestern***.
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** Northern boundary:
Point
No.
X
(easting)
1 .......................................................................................................
2 .......................................................................................................
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PO 00000
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Y
(northing)
505537.918949
537257.896672
Fmt 4703
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Longitude
4289342.054910
4287622.083370
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¥74.936267
¥74.571316
Latitude
38.752755
38.736486
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Federal Register / Vol. 76, No. 17 / Wednesday, January 26, 2011 / Notices
*** Southwestern boundary:
Point
No.
X
(easting)
1 .......................................................................................................
2 .......................................................................................................
Map of Proposed Lease Area
A map of the proposed lease area is
available at the following URL: https://
www.boemre.gov/offshore/
RenewableEnergy/
stateactivities.htm#Delaware.
A large-scale map of the proposed
lease area showing its boundaries and
numbered blocks is available from
BOEMRE at the following address:
505537.918949
530399.822669
Highlighted Portions of the Proposed
Lease Area
The proposed lease area includes
portions that BOEMRE wishes to
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X
(easting)
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Additional highlighted areas include
those identified by comments submitted
in response to the April 26, 2010 notice
or through deliberations of the
BOEMRE—Delaware OCS Renewable
Energy Task Force as described below:
Potential U.S. Coast Guard (USCG)
Anchorage Area—The USCG anticipates
establishing through rulemaking an
anchorage ground within the proposed
lease area, east of the Delaware to Cape
Henlopen Traffic Lane, defined by the
area enclosed by the following points:
38–40.9N 74–52.0W, 38–40.9N 74–
48.8W, 38–37.6N 74–48.5W. Authority
to create such an anchorage ground
beyond 3 NM is included in The Coast
Guard Authorization Act of 2010 [Pub.
L. 111–281].
Recreational Fishing Grounds—
NOAA, National Marine Fisheries
Service (NMFS), identified five
recreational fishing areas that reside
partially or wholly within the proposed
lease area in consultation with the MidAtlantic Fishery Management Council,
including Old Grounds, Mussel Bed,
Inside Mud Hole, Middle Mud Hole,
and Outer Mud Hole.
Summary of Comments Received in
Response to the April 26, 2010, RFI
On June 25, 2010, the comment
period closed for the Delaware RFI (75
FR 21653). BOEMRE received eight
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523043.216256
525024.306894
524708.429395
524599.514352
524255.539477
522091.708618
522393.836728
522464.137335
523043.216256
Frm 00110
Fmt 4703
Sfmt 4703
¥74.936267
¥74.651442
Latitude
38.752755
38.485007
highlight as areas of special interest or
concern based on available information.
These include the obstruction area
consisting of a fish haven/artificial reef
site identified on National Oceanic and
Atmospheric Administration (NOAA)
nautical charts, which was described in
the April 26, 2010 notice (coordinates
listed below):
Y
(northing)
Longitude
4281282.246340
4281183.549880
4279986.367770
4279572.346900
4279604.189130
4279798.266490
4281025.207860
4281311.495710
4281282.246340
responses during the public comment
period, including two commercial
expressions of interest and comments
from three government agencies, one
marine waterway operator, one trade
association, and a non-governmental
organization. Comments received in
response to the RFI are available at the
following URL: https://www.boemre.gov/
offshore/RenewableEnergy/
stateactivities.htm#Delaware.
BOEMRE convened a task force
meeting on July 15, 2010, to inform the
task force members of the RFI responses
and discuss next steps. The task force
meeting also gave representatives from
the Federal agencies that submitted
comments an opportunity to present
and discuss those comments with the
rest of the task force.
Some of the comments requested a
change to the RFI area considered for
leasing and included suggestions such
as identifying areas for exclusion,
mitigation, or further study. Specific
areas identified for exclusion or
mitigation include the area charted as
Explosives Dumping Ground in the
westernmost part of the area of interest,
an area that could potentially be
designated as a vessel anchorage
ground, and five recreational fishing
areas, as depicted on the map of the
proposed lease area. In addition, the
USCG suggested—pending further study
PO 00000
Longitude
4289342.054910
4259687.322270
Bureau of Ocean Energy Management,
Regulation and Enforcement, Office of
Offshore Alternative Energy Programs,
381 Elden Street, Mail Stop 4090,
Herndon, Virginia 20170–4817, Phone:
(703) 787–1300, Fax: (703) 787–1708.
Point
No.
1
2
3
4
5
6
7
8
1
Y
(northing)
¥74.735077
¥74.712304
¥74.715978
¥74.717245
¥74.721198
¥74.746063
¥74.742551
¥74.741733
¥74.735077
Latitude
38.679839
38.678896
38.668116
38.664388
38.664684
38.666490
38.677539
38.680118
38.679839
of traffic patterns—that a 0.5 NM (925
meters) buffer may be needed between
the Traffic Separation Scheme (TSS)
and the area identified for leasing,
instead of the 500 meter buffer proposed
in the RFI. Other comments expressed
concern with navigational safety in the
RFI area as a result of development in
that area of interest.
Given existing defense activities in
the area of interest, the Department of
Defense (DoD) informed BOEMRE of its
assessment that wind energy
infrastructure may be feasible in this
area if the infrastructure is subject to
DoD site specific conditions and
stipulations. Stipulations could include:
A hold and save harmless agreement
between the developer and DoD;
mandatory coordination with DoD on
specified activities; restrictions on
electromagnetic emissions; and a
requirement for wind energy industry
personnel to evacuate the area for safety
reasons when notified by DoD. In
addition, other comments suggested
areas where further environmental data
may be warranted, and provided
environmental data that may further
inform future environmental review.
Given concerns about the safety of
development in the charted Explosives
Dumping Ground, BOEMRE has decided
to exclude this area from potential
development, which is reflected in the
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Federal Register / Vol. 76, No. 17 / Wednesday, January 26, 2011 / Notices
map of the proposed lease area. The
easternmost edge of the Explosives
Dumping Ground will be stipulated as
a ‘‘no build’’ area where it overlaps with
the proposed lease area in OCS lease
blocks NJ18–05 6274 and 6324.
BOEMRE has decided to retain within
its proposed lease area the area
designated as a potential USCG vessel
anchorage area, given that this potential
anchorage ground is subject to a yet-tobe-made rulemaking decision. In the
event that the designated area becomes
a USCG vessel anchorage area, BOEMRE
may consider applying mitigation
measures such as designating the area as
a ‘‘no build’’ zone.
Further, BOEMRE will examine vessel
traffic data for vessels equipped with
automatic identification system (AIS)
transponders before requiring a larger
buffer between the edge of the TSS and
the proposed lease area or applying
other mitigation measures within the
proposed lease area. BOEMRE, in
consultation with the USCG, will
conduct further study on traffic patterns
and traffic density in the area of interest
before modifying the proposed TSS
buffer, which is currently set at 500
meters. If data suggests that heavy traffic
transits within 0.5 NM of the edge of the
TSS, BOEMRE has the discretion to
require a larger buffer.
For the purposes of the RFCI, the
recreational fishing areas identified by
NOAA NMFS and the Mid-Atlantic
Fishery Management Council, including
Old Grounds, Mussel Bed, Inside Mud
Hole, Middle Mud Hole, and Outer Mud
Hole, will be retained in the proposed
lease area rather than excluded at this
time. Because little information is
known about the potential impact of
development on these sites, BOEMRE
will consider available information
during the NEPA process that will be
undertaken in advance of commercial
development.
mstockstill on DSKH9S0YB1PROD with NOTICES
Required Indication of Interest
Information
If you intend to express competitive
interest in acquiring an OCS commercial
wind lease for the proposed lease area,
you must submit the following (note:
Bluewater is not required to re-submit
its expression of interest):
(1) A statement that you wish to
acquire a commercial wind lease for the
proposed lease area (i.e., the entire area
as described above). BOEMRE will not
consider nominations valid if they cover
less than the entire proposed lease area
or describe any areas outside of the
proposed lease area in this process. Any
request for a commercial wind lease
located outside of the proposed lease
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17:27 Jan 25, 2011
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area should be submitted separately
pursuant to 30 CFR 285.230;
(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.
It is critical that your submission of
an indication of competitive interest is
complete so that BOEMRE may proceed
in a timely manner with the commercial
wind leasing process for the lease area
on the OCS off Delaware. If BOEMRE
reviews your indication of competitive
interest and determines that it is
incomplete, BOEMRE will inform you of
this determination in writing. This letter
will describe the information BOEMRE
determined to be missing and that you
must submit in order for BOEMRE to
deem your submission complete. You
will be given 15 business days from the
date of the letter to submit the
information that BOEMRE has
determined to be missing from your
original submission. If you do not meet
this deadline, or if BOEMRE determines
that the additional information that you
provided in response to its initial
determination fails to complete your
submission, then BOEMRE may deem
your indication of competitive interest
incomplete and may not consider it a
valid submission.
Privileged or Confidential Information
BOEMRE 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
BOEMRE treat it as confidential.
BOEMRE will not disclose such
information, qualifying for withholding
under the terms of FOIA. Please label
privileged or confidential information
‘‘Contains Confidential Information’’ and
consider submitting such information as
a separate attachment.
PO 00000
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4719
However, BOEMRE will not treat as
confidential any aggregate summaries of
such information or comments not
containing such information. Also,
BOEMRE will not treat as confidential
(1) the legal title of the nominating
entity (for example, the name of your
company), or (2) the list of whole or
partial blocks that you are nominating.
Dated: January 14, 2011.
Michael R. Bromwich,
Director, Bureau of Ocean Energy
Management, Regulation and Enforcement.
[FR Doc. 2011–1594 Filed 1–24–11; 11:15 am]
BILLING CODE 4310–MR–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R7–R–2011–N003; 70133–1265–0000–
S3]
Draft Comprehensive Conservation
Plan and Environmental Assessment,
Selawik National Wildlife Refuge,
Kotzebue, AK
U.S. Fish and Wildlife Service,
Interior.
ACTION: Notice to reopen the public
comment period for the Revised
Comprehensive Conservation Plan and
Environmental Assessment for Selawik
National Wildlife Refuge.
AGENCY:
The U.S. Fish and Wildlife
Service published FR Doc. 2010–26655
in the Federal Register on October 21,
2010, announcing availability of the
draft revised Comprehensive
Conservation Plan (CCP) and
Environmental Assessment (EA) for
Selawik National Wildlife Refuge. The
document identified a review period
ending on January 15, 2011. Due to the
holiday rush and delayed postal
delivery of some materials for public
involvement, we are concerned that
many people will not be able to meet
our deadline; therefore we are reopening
the comment period until March 15,
2011.
SUMMARY:
To ensure consideration, please
send your written comments by the new
deadline of March 15, 2011.
ADDRESSES: You may submit comments
or requests for copies of the draft CCP
and the EA or more information by any
of the following methods. You may
request hard copies or a CD–ROM of the
document.
Agency Web Site: Download a copy of
the document at https://alaska.fws.gov/
nwr/planning/plans.htm.
E-mail: selawik_planning@fws.gov;
please include ‘‘Selawik National
DATES:
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Agencies
[Federal Register Volume 76, Number 17 (Wednesday, January 26, 2011)]
[Notices]
[Pages 4716-4719]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-1594]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management, Regulation and Enforcement
[Docket No. BOEM-2010-0075]
Commercial Leasing for Wind Power on the Outer Continental Shelf
(OCS) Off Delaware, Notice of Proposed Lease Area and Request for
Competitive Interest
AGENCY: Bureau of Ocean Energy Management, Regulation and Enforcement
(BOEMRE), Interior.
ACTION: Request for Competitive Interest (RFCI) in Proposed Lease Area
off Delaware.
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SUMMARY: BOEMRE provides public notice of a proposed lease area for
commercial wind development on the OCS off Delaware and requests
submission of indications of competitive interest. The proposed lease
area was identified through the issuance of a Request for Interest
(RFI) published in the Federal Register on April 26, 2010 (75 FR
21653). In response to that notice, BOEMRE received two nominations of
proposed lease areas: One from Bluewater Wind Delaware LLC (Bluewater)
and another from Occidental Development & Equities, LLC (Occidental).
Subsequently, BOEMRE determined that Bluewater is qualified to hold an
OCS commercial wind lease in accordance with the regulatory
requirements at 30 CFR 285.106 and .107, and that Occidental did not
provide the necessary documentation demonstrating that it was qualified
to hold an OCS commercial lease at the time. As a result, Occidental's
lease nomination was nullified and Bluewater's nomination remained as
the only eligible expression of interest upon which to base the
proposed lease area. In accordance with 30 CFR 285.232, by letter dated
November 8, 2010, BOEMRE informed Bluewater that there appeared to be
no competitive interest in the proposed lease area and requested that
Bluewater inform BOEMRE if it wished to proceed with acquiring a lease.
By correspondence dated December 3 and December 9, 2010, Bluewater Wind
stated its intention to acquire a lease for the proposed lease area and
provided documentation that it had submitted the required acquisition
fee.
This RFCI is published pursuant to subsection 8(p)(3) 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. Subsection 8(p)(3) of the OCS Lands Act requires that OCS
renewable energy leases, easements, and rights-of-way be issued ``on a
competitive basis unless the Secretary determines after public notice
of a proposed lease, easement, or right-of-way that there is no
competitive interest.'' This RFCI provides such public notice for the
proposed lease area. Also, with this announcement BOEMRE invites all
interested and affected parties to comment and provide information--
including information on existing uses and environmental issues and
concerns--that will be useful in the environmental analysis of
potential wind development activities in the proposed lease area. A
detailed description of the proposed lease area is presented below.
DATES: BOEMRE must receive your indication of competitive interest for
this entire proposed lease area no later than February 10, 2011 for
your submission to be considered. BOEMRE requests comments or other
submissions of information by this same date. We will consider only
valid submissions that meet the criteria set forth in 30 CFR Part 285
received by the due date above.
SUBMISSION PROCEDURES: You may submit your indication of competitive
interest by one of two methods:
1. Electronically: https://www.regulations.gov. In the entry titled
``Enter Keyword or ID,'' enter BOEM-2010-0075, and then click
``search''. Follow the instructions to submit public comments and view
supporting and related materials available for this notice. BOEMRE will
post all comments.
2. By mail, sending your indication of interest, comments, and
information to the following address: Bureau of Ocean Energy
Management, Regulation and Enforcement, Office of Offshore
[[Page 4717]]
Alternative Energy Programs, 381 Elden Street, Mail Stop 4090, Herndon,
Virginia 20170-4817.
FOR FURTHER INFORMATION CONTACT: Erin C. Trager, Projects and
Coordination Branch, BOEMRE, Office of Offshore Alternative Energy
Programs, 381 Elden Street, Mail Stop 4090, Herndon, Virginia 20170-
4817; telephone (703) 787-1713.
SUPPLEMENTARY INFORMATION:
Purpose of This RFCI
This RFCI gives parties the opportunity to express interest in
competing for the acquisition of an OCS commercial wind lease for the
proposed lease area. If BOEMRE receives valid indications of
competitive interest in response to this notice, it may implement the
competitive lease process outlined at 30 CFR 285.210-.225. If BOEMRE
receives no valid indications of competitive interest and determines
that there is no competitive interest, it may implement the
noncompetitive lease process outlined at 30 CFR 285.232. Both the
competitive and noncompetitive processes and related environmental
review processes were described in the RFI dated April 26, 2010.
Parties other than those interested in obtaining a commercial lease
are welcome to submit comments in response to this RFCI. Additionally,
BOEMRE 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 BOEMRE Web site at: https://www.boemre.gov/offshore/RenewableEnergy/stateactivities.3htm#Delaware.
Description of the Proposed Lease Area
The proposed lease area consists of 10 OCS lease full blocks, 116
OCS lease sub-blocks, and 18 OCS lease partial sub-blocks. A sub-block
for the purposes of this RFCI is 1/16 of an OCS lease full block.
Following are the OCS lease full blocks: Salisbury NJ18-05 Blocks 6325,
6326, 6327, 6375, 6376, 6377, 6426, 6427, 6477, and 6527. In addition,
the table below describes the OCS lease sub-blocks included within the
area of interest. Note that the most western areas within the western
column of sub-blocks in Salisbury NJ18-05 Blocks 6274 and 6324 will be
stipulated to prohibit any development activities where the sub-block
overlaps with the charted ``Danger Area,'' an explosives dumping
ground. The sub-blocks that will be stipulated based on this known
Explosives Dumping Ground are noted below with an asterisk (*).
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Protraction
Protraction name No. Block No. Sub-block
----------------------------------------------------------------------------------------------------------------
Salisbury..................................... NJ18-05 6274 M*,N,O,P.
Salisbury..................................... NJ18-05 6275 M,N,O,P.
Salisbury..................................... NJ18-05 6276 M,N,O,P.
Salisbury..................................... NJ18-05 6277 M,N,O,P.
Salisbury..................................... NJ18-05 6278 M,N.
Salisbury..................................... NJ18-05 6324 A*,B,C,D,E*,F,G,H,I*,J,K,L,M*,N,
O,P.
Salisbury..................................... NJ18-05 6328 A,B,E,F,I,J,M,N.
Salisbury..................................... NJ18-05 6374 A,B,C,D,E,F,G,H,J,K,L,O,P.
Salisbury..................................... NJ18-05 6378 A,B,E,F,I,J,M,N.
Salisbury..................................... NJ18-05 6424 D.
Salisbury..................................... NJ18-05 6425 A,B,C,D,E,F,G,H,I,J,K,L,N,O,P.
Salisbury..................................... NJ18-05 6428 A,B,E,F,I,J,M.
Salisbury..................................... NJ18-05 6475 C,D,H.
Salisbury..................................... NJ18-05 6476 A,B,C,D,E,F,G,H,I,J,K,L,N,O,P.
Salisbury..................................... NJ18-05 6478 A,E,I,M.
Salisbury..................................... NJ18-05 6526 B,C,D,G,H,L.
Salisbury..................................... NJ18-05 6577 B,C.
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In addition, the table below describes the partial sub-blocks
included in the area of interest: The partial sub-blocks are bounded by
the coordinates provided below the table as referenced in the column
Boundary edge. Coordinates are provided in X, Y (eastings, northings)
UTM Zone 18N, NAD 83 and geographic (longitude, latitude), NAD83.
----------------------------------------------------------------------------------------------------------------
Protraction
Protraction name No. Block No. Partial sub-block Boundary edge
----------------------------------------------------------------------------------------------------------------
Salisbury......................... NJ18-05 6274 J,K,L................ Northern**.
Salisbury......................... NJ18-05 6275 I,J,K,L.............. Northern**.
Salisbury......................... NJ18-05 6276 I,J.................. Northern**.
Salisbury......................... NJ18-05 6374 I,N.................. Southwestern***.
Salisbury......................... NJ18-05 6424 C,H,L................ Southwestern***.
Salisbury......................... NJ18-05 6425 M.................... Southwestern***.
Salisbury......................... NJ18-05 6475 B,G,L................ Southwestern***.
----------------------------------------------------------------------------------------------------------------
** Northern boundary:
----------------------------------------------------------------------------------------------------------------
Point No. X (easting) Y (northing) Longitude Latitude
----------------------------------------------------------------------------------------------------------------
1....................................... 505537.918949 4289342.054910 -74.936267 38.752755
2....................................... 537257.896672 4287622.083370 -74.571316 38.736486
----------------------------------------------------------------------------------------------------------------
[[Page 4718]]
*** Southwestern boundary:
----------------------------------------------------------------------------------------------------------------
Point No. X (easting) Y (northing) Longitude Latitude
----------------------------------------------------------------------------------------------------------------
1....................................... 505537.918949 4289342.054910 -74.936267 38.752755
2....................................... 530399.822669 4259687.322270 -74.651442 38.485007
----------------------------------------------------------------------------------------------------------------
Map of Proposed Lease Area
A map of the proposed lease area is available at the following URL:
https://www.boemre.gov/offshore/RenewableEnergy/stateactivities.htm#Delaware.
A large-scale map of the proposed lease area showing its boundaries
and numbered blocks is available from BOEMRE at the following address:
Bureau of Ocean Energy Management, Regulation and Enforcement, Office
of Offshore Alternative Energy Programs, 381 Elden Street, Mail Stop
4090, Herndon, Virginia 20170-4817, Phone: (703) 787-1300, Fax: (703)
787-1708.
Highlighted Portions of the Proposed Lease Area
The proposed lease area includes portions that BOEMRE wishes to
highlight as areas of special interest or concern based on available
information. These include the obstruction area consisting of a fish
haven/artificial reef site identified on National Oceanic and
Atmospheric Administration (NOAA) nautical charts, which was described
in the April 26, 2010 notice (coordinates listed below):
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
Additional highlighted areas include those identified by comments
submitted in response to the April 26, 2010 notice or through
deliberations of the BOEMRE--Delaware OCS Renewable Energy Task Force
as described below:
Potential U.S. Coast Guard (USCG) Anchorage Area--The USCG
anticipates establishing through rulemaking an anchorage ground within
the proposed lease area, east of the Delaware to Cape Henlopen Traffic
Lane, defined by the area enclosed by the following points: 38-40.9N
74-52.0W, 38-40.9N 74-48.8W, 38-37.6N 74-48.5W. Authority to create
such an anchorage ground beyond 3 NM is included in The Coast Guard
Authorization Act of 2010 [Pub. L. 111-281].
Recreational Fishing Grounds--NOAA, National Marine Fisheries
Service (NMFS), identified five recreational fishing areas that reside
partially or wholly within the proposed lease area in consultation with
the Mid-Atlantic Fishery Management Council, including Old Grounds,
Mussel Bed, Inside Mud Hole, Middle Mud Hole, and Outer Mud Hole.
Summary of Comments Received in Response to the April 26, 2010, RFI
On June 25, 2010, the comment period closed for the Delaware RFI
(75 FR 21653). BOEMRE received eight responses during the public
comment period, including two commercial expressions of interest and
comments from three government agencies, one marine waterway operator,
one trade association, and a non-governmental organization. Comments
received in response to the RFI are available at the following URL:
https://www.boemre.gov/offshore/RenewableEnergy/stateactivities.htm#Delaware.
BOEMRE convened a task force meeting on July 15, 2010, to inform
the task force members of the RFI responses and discuss next steps. The
task force meeting also gave representatives from the Federal agencies
that submitted comments an opportunity to present and discuss those
comments with the rest of the task force.
Some of the comments requested a change to the RFI area considered
for leasing and included suggestions such as identifying areas for
exclusion, mitigation, or further study. Specific areas identified for
exclusion or mitigation include the area charted as Explosives Dumping
Ground in the westernmost part of the area of interest, an area that
could potentially be designated as a vessel anchorage ground, and five
recreational fishing areas, as depicted on the map of the proposed
lease area. In addition, the USCG suggested--pending further study of
traffic patterns--that a 0.5 NM (925 meters) buffer may be needed
between the Traffic Separation Scheme (TSS) and the area identified for
leasing, instead of the 500 meter buffer proposed in the RFI. Other
comments expressed concern with navigational safety in the RFI area as
a result of development in that area of interest.
Given existing defense activities in the area of interest, the
Department of Defense (DoD) informed BOEMRE of its assessment that wind
energy infrastructure may be feasible in this area if the
infrastructure is subject to DoD site specific conditions and
stipulations. Stipulations could include: A hold and save harmless
agreement between the developer and DoD; mandatory coordination with
DoD on specified activities; restrictions on electromagnetic emissions;
and a requirement for wind energy industry personnel to evacuate the
area for safety reasons when notified by DoD. In addition, other
comments suggested areas where further environmental data may be
warranted, and provided environmental data that may further inform
future environmental review.
Given concerns about the safety of development in the charted
Explosives Dumping Ground, BOEMRE has decided to exclude this area from
potential development, which is reflected in the
[[Page 4719]]
map of the proposed lease area. The easternmost edge of the Explosives
Dumping Ground will be stipulated as a ``no build'' area where it
overlaps with the proposed lease area in OCS lease blocks NJ18-05 6274
and 6324.
BOEMRE has decided to retain within its proposed lease area the
area designated as a potential USCG vessel anchorage area, given that
this potential anchorage ground is subject to a yet-to-be-made
rulemaking decision. In the event that the designated area becomes a
USCG vessel anchorage area, BOEMRE may consider applying mitigation
measures such as designating the area as a ``no build'' zone.
Further, BOEMRE will examine vessel traffic data for vessels
equipped with automatic identification system (AIS) transponders before
requiring a larger buffer between the edge of the TSS and the proposed
lease area or applying other mitigation measures within the proposed
lease area. BOEMRE, in consultation with the USCG, will conduct further
study on traffic patterns and traffic density in the area of interest
before modifying the proposed TSS buffer, which is currently set at 500
meters. If data suggests that heavy traffic transits within 0.5 NM of
the edge of the TSS, BOEMRE has the discretion to require a larger
buffer.
For the purposes of the RFCI, the recreational fishing areas
identified by NOAA NMFS and the Mid-Atlantic Fishery Management
Council, including Old Grounds, Mussel Bed, Inside Mud Hole, Middle Mud
Hole, and Outer Mud Hole, will be retained in the proposed lease area
rather than excluded at this time. Because little information is known
about the potential impact of development on these sites, BOEMRE will
consider available information during the NEPA process that will be
undertaken in advance of commercial development.
Required Indication of Interest Information
If you intend to express competitive interest in acquiring an OCS
commercial wind lease for the proposed lease area, you must submit the
following (note: Bluewater is not required to re-submit its expression
of interest):
(1) A statement that you wish to acquire a commercial wind lease
for the proposed lease area (i.e., the entire area as described above).
BOEMRE will not consider nominations valid if they cover less than the
entire proposed lease area or describe any areas outside of the
proposed lease area in this process. Any request for a commercial wind
lease located outside of the proposed lease area should be submitted
separately pursuant to 30 CFR 285.230;
(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.
It is critical that your submission of an indication of competitive
interest is complete so that BOEMRE may proceed in a timely manner with
the commercial wind leasing process for the lease area on the OCS off
Delaware. If BOEMRE reviews your indication of competitive interest and
determines that it is incomplete, BOEMRE will inform you of this
determination in writing. This letter will describe the information
BOEMRE determined to be missing and that you must submit in order for
BOEMRE to deem your submission complete. You will be given 15 business
days from the date of the letter to submit the information that BOEMRE
has determined to be missing from your original submission. If you do
not meet this deadline, or if BOEMRE determines that the additional
information that you provided in response to its initial determination
fails to complete your submission, then BOEMRE may deem your indication
of competitive interest incomplete and may not consider it a valid
submission.
Privileged or Confidential Information
BOEMRE 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 BOEMRE treat it as confidential. BOEMRE will not
disclose such information, qualifying for withholding under the terms
of FOIA. Please label privileged or confidential information ``Contains
Confidential Information'' and consider submitting such information as
a separate attachment.
However, BOEMRE will not treat as confidential any aggregate
summaries of such information or comments not containing such
information. Also, BOEMRE will not treat as confidential (1) the legal
title of the nominating entity (for example, the name of your company),
or (2) the list of whole or partial blocks that you are nominating.
Dated: January 14, 2011.
Michael R. Bromwich,
Director, Bureau of Ocean Energy Management, Regulation and
Enforcement.
[FR Doc. 2011-1594 Filed 1-24-11; 11:15 am]
BILLING CODE 4310-MR-P