Commercial Leasing for Wind Power on the Outer Continental Shelf (OCS) Offshore Rhode Island and Massachusetts-Call for Information and Nominations (Call), 51383-51391 [2011-21136]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Ocean Energy Management, Regulation and Enforcement

[Federal Register Volume 76, Number 160 (Thursday, August 18, 2011)]
[Notices]
[Pages 51383-51391]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21136]


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DEPARTMENT OF THE INTERIOR

Bureau of Ocean Energy Management, Regulation and Enforcement

[Docket No. BOEM-2011-0049]


Commercial Leasing for Wind Power on the Outer Continental Shelf 
(OCS) Offshore Rhode Island and Massachusetts--Call for Information and 
Nominations (Call)

AGENCY: Bureau of Ocean Energy Management, Regulation and Enforcement 
(BOEMRE), Interior.

ACTION: Call for Information and Nominations for Commercial Leasing for 
Wind Power on the OCS Offshore Rhode Island and Massachusetts.

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SUMMARY: BOEMRE invites the submission of nominations for one or more 
commercial leases that would allow a lessee to propose the construction 
of a wind energy project(s) on the OCS offshore Rhode Island and 
Massachusetts and to develop a project if further environmental review 
is successful. Although this announcement is not itself a leasing 
announcement, the area described herein may be subject to future 
leasing, and BOEMRE will use the responses to this Call for Information 
and Nominations (Call) to gauge specific interest in acquiring 
commercial wind leases in some or all of the area described, and to 
determine whether competitive interest exists in any particular area, 
as required by 43 U.S.C. 1337(p)(3). Parties wishing to submit a 
nomination in response to this Call should submit detailed and specific 
information in response to the requirements described in the section 
entitled, ``Required Nomination Information.''
    This announcement also requests that interested and affected 
parties comment and provide information about site conditions, 
resources and multiple uses within the area identified in this notice 
that would be relevant to BOEMRE's review of the nominations submitted 
and any subsequent decision to offer all or part of the area for 
commercial wind leasing. The information that BOEMRE is requesting is 
described below in the section entitled, ``Requested Information from 
Interested or Affected Parties.''
    This notice is published pursuant to subsection 8(p)(3) of the OCS 
Lands Act, 43 U.S.C. 1337(p)(3), as well as the implementing 
regulations at 30 CFR Part 285.
    The area under consideration for this Call (Call Area) is located 
on the OCS off the coast of Rhode Island and Massachusetts within the 
Area of Mutual Interest (AMI), as described by a Memorandum of 
Understanding (MOU) between the Governors of Rhode Island and 
Massachusetts.
    The Call Area is divided into two areas which are separated by an 
existing Traffic Separation Scheme (TSS). The first section of the Call 
Area is northwest of the TSS beginning approximately 9 nautical miles 
(nmi) southeast of Point Judith, Rhode Island, and extending 
approximately 2 nmi seaward (Northwest section). This section of the 
Call Area is approximately 1.25 square nmi and contains 1 partial OCS 
lease block. The second section of the Call Area is southeast of the 
TSS beginning approximately 10 nmi south of the Newport, Rhode Island 
coast, and extending approximately 20 nmi seaward (Southeast section). 
This section of the Call Area is approximately 246 square nmi and 
contains 31 whole OCS lease blocks as well as 10 partial OCS lease 
blocks.
    The Call Area was identified by BOEMRE in consultation with the 
State of Rhode Island and the Commonwealth of Massachusetts, and 
further delineated in consultation with the BOEMRE/Rhode Island and 
BOEMRE/Massachusetts Renewable Energy Task Forces. A detailed 
description of the area and how it was identified is found later in 
this notice.

DATES: BOEMRE must receive your nomination describing your interest in 
this potential commercial leasing area postmarked by October 3, 2011 
for your nomination to be considered. BOEMRE requests comments or other 
submissions of information by this same date. BOEMRE will consider only 
the nominations we receive by that time.
    Submission Procedures: If you are submitting a nomination for a 
lease in response to this Call, please submit your nomination by mail 
to 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. In addition to a 
paper copy of the nomination, please include an electronic copy of the 
nomination on a compact disc (CD). Nominations must be postmarked by 
October 3, 2011 to be considered by BOEMRE. BOEMRE will list the 
parties that submitted nominations and the location of the proposed 
lease areas (i.e., OCS blocks nominated) on the BOEMRE Web site after 
the 45-day comment period has closed.
    Comments and other submissions of information may be submitted by 
either of the following two methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. In the 
entry entitled, ``Enter Keyword or ID,'' enter BOEM-2011-0049, 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 which are not marked ``Contains Confidential 
Information.''
    2. By U.S. Postal Service or other delivery service, sending your 
comments and information to 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. All responses will be reported on https://www.regulations.gov.
    If you wish to protect the confidentiality of your nomination or 
comments, clearly mark the relevant sections and request that BOEMRE 
treat them as confidential. Please label privileged or confidential 
information with ``Contains Confidential Information,'' and consider 
submitting such information as a separate attachment. Treatment of 
confidential information is addressed in the section of this Call 
entitled, ``Privileged or Confidential Information.'' Information that 
is not labeled as privileged or confidential will be regarded by BOEMRE 
as suitable for public release.

FOR FURTHER INFORMATION CONTACT: Jessica Bradley, Project Coordinator, 
BOEMRE, Office of Offshore Alternative Energy Programs, 381 Elden 
Street, Mail Stop 4090, Herndon, Virginia 20170, (703) 787-1320.

SUPPLEMENTARY INFORMATION:

[[Page 51384]]

Purpose of the Call for Information and Nominations

    The OCS Lands Act requires BOEMRE to award leases competitively, 
unless BOEMRE makes a determination that there is no competitive 
interest (43 U.S.C. 1337(p)(3)). The issuance of this notice is not 
intended to indicate that BOEMRE has determined that competitive 
interest exists in the area identified. Rather, this notice is the 
first step in the renewable energy planning and leasing process in the 
AMI offshore Rhode Island and Massachusetts. The responses to this 
notice will assist BOEMRE in determining if there is any competitive 
interest in the area identified. This notice also requests information 
from interested and affected parties on issues relevant to BOEMRE's 
review of nominations for potential leasing in the area identified.
    BOEMRE is issuing a Call instead of an Request for Interest (RFI) 
to facilitate and expedite the leasing process in keeping with the 
goals and objectives of the Secretary of the Interior's ``Smart from 
the Start'' initiative. If an RFI were issued and the responses to it 
indicated competitive interest, the applicable regulations would 
require BOEMRE to issue a Call, which BOEMRE believes would be 
duplicative of the RFI process and, therefore, unnecessary and 
inefficient. Issuance of this Call, without a RFI, is designed to 
enable BOEMRE to analyze information needed to support appropriate 
commercial leasing, while ensuring ample opportunity for input from 
interested and affected parties.
    The responses to this Call could lead to the initiation of a 
competitive leasing process in some areas of the AMI (i.e., where 
competition exists for certain tracts), and a noncompetitive process in 
other areas of the AMI (i.e., where no competitive interest exists in 
certain tracts). The leasing process is described more completely under 
the ``Determination of Competitive Interest'' and ``Noncompetitive 
Leasing Process,'' sections of this notice. If BOEMRE determines that 
there is no competitive interest in some or all of this area offshore 
Rhode Island and Massachusetts, BOEMRE may proceed with the 
noncompetitive lease process pursuant to 30 CFR 285.232 for any area(s) 
where no competitive interest exists. If BOEMRE determines that there 
is competitive interest in some or all of this area offshore Rhode 
Island and Massachusetts, BOEMRE may proceed with Area Identification, 
as set forth in 30 CFR 285.211(b), and the competitive leasing process 
set forth under 30 CFR 285.211 through 285.225. Whether the leasing 
process would be competitive or noncompetitive, it would (1) include 
additional opportunities for the public to provide input; (2) be 
reviewed thoroughly for potential environmental and multiple use 
impacts; and (3) be conducted in conformance with all applicable laws 
and regulations. The area that may be offered for lease, if any, has 
not yet been determined, and may be reduced in size from the area 
identified in this Call.

Background

Energy Policy Act of 2005 (EPAct)

    The EPAct amended the OCS Lands Act by adding subsection 
8(p)(1)(C), which authorizes the Secretary of the Interior to grant 
leases, easements, or rights-of-way (ROWs) on the OCS for activities 
that are not otherwise authorized by law and that produce or support 
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 this authority to issue 
leases, easements, and ROWs, and to promulgate regulations, to the 
Director of BOEMRE. On April 29, 2009, BOEMRE published the Renewable 
Energy and Alternate Uses (REAU) rule, at 30 CFR Part 285, which can be 
found at: https://www.boemre.gov/offshore/RenewableEnergy/PDF/FinalRenewableEnergyRule.pdf.

Executive Order 13547: Stewardship of the Ocean, Our Coasts, and the 
Great Lakes

    On July 19, 2010, the President signed Executive Order 13547 
establishing a national ocean policy and the National Ocean Council (75 
FR 43023).
    The Order establishes a comprehensive, integrated national policy 
for the stewardship of the ocean, our coasts, and the Great Lakes. 
Where BOEMRE actions affect the ocean, the Order requires BOEMRE to 
take such action as necessary to implement this policy, the stewardship 
principles, and national priority objectives adopted by the Order, and 
guidance from the National Ocean Council.
    BOEMRE appreciates the importance of coordinating its planning 
endeavors with other OCS users and regulators and intends to follow 
principles of coastal and marine spatial planning, and coordinate with 
the regional planning bodies as established by the National Ocean 
Council to inform its leasing processes. BOEMRE anticipates that 
continued coordination with the state Renewable Energy Task Forces will 
help inform comprehensive coastal and marine spatial planning efforts.

Department of the Interior ``Smart From the Start'' Atlantic Wind 
Initiative

    Secretary Ken Salazar announced the ``Smart from the Start'' OCS 
renewable energy initiative on November 23, 2010. This initiative 
includes three key elements: (1) Streamlined processes for commercial 
wind lease issuance; (2) the identification of Wind Energy Areas (WEA) 
followed by concrete information gathering; and (3) processing OCS 
energy transmission line proposals on a parallel but separate track 
from generation projects.
    A WEA is an OCS area identified as having high wind resource 
potential along with relatively low potential use conflict, making it 
suitable for the consideration of wind energy leasing. Some of the area 
delineated for this Call may be identified as a WEA during the Area 
Identification stage of the leasing and planning process.

BOEMRE/State Renewable Energy Task Forces

    BOEMRE established the Rhode Island Task Force in November 2009, at 
the request of Governor Donald Carcieri, to facilitate coordination 
among affected Federal agencies and state, local, and tribal 
governments throughout the entire leasing process. The first meeting 
was held on November 17, 2009, to introduce the intergovernmental 
members, discuss the purpose of the task force, explain the BOEMRE 
renewable energy leasing and environmental review process, and discuss 
a draft charter. BOEMRE began working on a RFI with the BOEMRE/Rhode 
Island Renewable Energy Task Force, and originally intended to issue a 
RFI for an area offshore Rhode Island. Rhode Island and Massachusetts 
then developed a partnership that resulted in an MOU signed by the 
Governors of both States in July of 2010. This MOU created the AMI and 
set a framework for the two states to collaborate on issues concerning 
offshore wind development on the OCS. In October and November of 2010, 
two developers submitted separate unsolicited requests pursuant to 30 
CFR 285.230 for commercial leases within the AMI that partially overlap 
geographically. BOEMRE convened joint meetings of the BOEMRE/Rhode 
Island and BOEMRE/Massachusetts Renewable Energy Task Forces to 
coordinate on offshore renewable energy leasing within this area. The 
BOEMRE/Rhode Island Renewable Energy Task Force meeting materials and 
information related to the joint Task Force efforts are

[[Page 51385]]

available on the BOEMRE web site at: https://www.boemre.gov/offshore/RenewableEnergy/StateActivities-RhodeIsland.htm.
    In light of these partially overlapping unsolicited requests, as 
well as the high level of interest that has been expressed for 
potential commercial wind leasing in other areas of the OCS (e.g. 
Maryland and New Jersey), we anticipate that there will be competitive 
interest within the Call Area. Issuance of this Call is designed to 
enable BOEMRE to proceed with the competitive process in an efficient 
manner while ensuring ample opportunity for input from interested and 
affected parties.

Environmental Review Process

    BOEMRE intends to prepare an environmental assessment (EA), which 
will consider the environmental consequences associated with issuing 
commercial wind leases and approving site assessment activities on 
those leases within all or some of this Call area. BOEMRE is seeking 
public input in identifying the environmental issues and alternatives 
to be considered through the publication of a Notice of Intent (NOI) to 
prepare an EA, concurrently with this Call.
    The EA will consider the environmental consequences associated with 
reasonably foreseeable leasing and site characterization scenarios 
within the Call Area (including geophysical, geotechnical, 
archaeological, and biological surveys), and reasonably foreseeable 
site assessment scenarios (including the installation and operation of 
meteorological towers and buoys) on the potential leaseholds. At a 
minimum, the alternatives that will be considered are: no action, (i.e. 
no issuance of leases or approval of site assessment activities); and 
the issuance of leases and approval of site assessment activities 
within the areas described in this Call. The NOI solicits input on the 
environmental effects associated with the activities described above. 
The EA will not, however, be used to support any future decision 
regarding the approval of the construction or operation of any wind 
energy facility on leases that may be issued within this Call Area. 
Instead, any proposed project will go through a thorough environmental 
review process at a future date.
    Several consultations will be conducted concurrently with and 
integrated into the National Environmental Policy Act (NEPA) process. 
These consultations include, but are not limited to, those required by 
the Coastal Zone Management Act (CZMA), the Endangered Species Act 
(ESA), the Magnuson-Stevens Fishery Conservation and Management Act, 
the National Historic Preservation Act (NHPA), and Executive Order 
13175--``Consultation and Coordination With Tribal Governments.'' The 
results of these consultations will assist BOEMRE in deciding whether 
and where leases may be issued. These consultations would take place 
prior to the issuance of any leases. BOEMRE has initiated government-
to-government tribal consultation pursuant to Executive Order 13175 
with three federally recognized tribes that have expressed interest in 
wind energy development in the New England area. After evaluating the 
responses to the Call, but before publishing the Proposed Sale Notice 
(PSN) for a competitive lease sale or issuing a lease noncompetitively, 
BOEMRE will conduct consultations pursuant to Section 106 of the NHPA. 
When possible, BOEMRE will conduct consultations concurrently with the 
NEPA process (30 CFR 800.8(3)(c)).

Actions Taken by the States of Rhode Island and Massachusetts in 
Support of Offshore Renewable Energy Development

    BOEMRE recognizes the importance of the steps that the State of 
Rhode Island and the Commonwealth of Massachusetts have taken to 
encourage environmentally sound offshore wind energy development. While 
a state may promote such development through initiatives such as the 
creation of screening tools that inform the BOEMRE planning process, 
BOEMRE retains the exclusive authority to issue leases, easements, and 
rights-of-way on the OCS for renewable energy purposes. Below is a 
summary of the initiatives and actions undertaken by the State of Rhode 
Island and the Commonwealth of Massachusetts that promote the 
development of wind energy on the OCS.
    The State of Rhode Island has devised a process for identifying 
areas it believes are suitable for renewable energy development, by 
considering wind development's compatibility with existing uses and the 
character of the natural resources in those areas. This effort tiered 
off two previous initiatives: (1) The Rhode Island Winds Report of 
2005, which made a preliminary assessment of the feasibility of wind 
energy projects offshore Rhode Island; and (2) the Baird's Sea Grant 
Science Symposium, Sound Connections: The Science of Rhode Island and 
Block Island Sounds, October 2008; findings of which can be found at 
https://seagrantadm.gso.uri.edu/Baird_08/default.htm. The Baird 
Symposium provided a forum for researchers, resource managers, and 
stakeholders to discuss the state of the science in various areas 
important to Rhode Island coastal communities, including ecosystems and 
fisheries.
    The State of Rhode Island has completed and adopted a Marine 
Spatial Planning Plan called the Ocean Special Area Management Plan 
(SAMP) for the areas offshore Rhode Island that support siting 
activities for offshore renewable energy and reflects extensive 
stakeholder input. This document, adopted by the National Oceanic and 
Atmospheric Administration (NOAA) on July 22, 2011, will become the 
basis for the State of Rhode Island's Federal consistency process for 
the AMI and is recognized in the July 2010 MOU between Rhode Island and 
Massachusetts as the guiding document for the AMI area.
    The State of Rhode Island continues to gather data for a number of 
areas on the OCS, including data on avian species, fish habitat, marine 
mammals, physical oceanographic measurements, acoustics, geophysical 
and other data. BOEMRE appreciates the importance of this information 
and will use the data and information gathered by the state in its 
evaluation of potential lease issuance in the AMI.
    The July 2010 MOU between Rhode Island and Massachusetts recognizes 
the benefits of collaborating in the evaluation and potential 
development of the AMI. Rhode Island and Massachusetts officials held a 
series of public meetings in Massachusetts to discuss SAMP data and the 
process involved. Rhode Island and Massachusetts officials expect that 
similar stakeholder discussions will continue, such as through the 
convening of a Fisheries Advisory Board consisting of fishing 
representatives from both States. In the development of the Call Area, 
input from both the BOEMRE/Rhode Island and BOEMRE/Massachusetts Task 
Forces has provided a regional perspective on the physical, biological, 
and socioeconomic resources of the AMI.

BOEMRE's Planning and Leasing Process

    BOEMRE has been involved in a planning process for the AMI area 
since the establishment of the BOEMRE/Rhode Island Renewable Energy 
Task Force in 2009. The planning process has involved coordination with 
the joint BOEMRE/Rhode Island and BOEMRE/Massachusetts Renewable Energy 
Task Forces on the development of this Call. In addition, at the 
request of the State of Rhode Island and the Commonwealth

[[Page 51386]]

of Massachusetts, BOEMRE has participated in ten public information 
sessions with stakeholders from both states to provide information 
regarding BOEMRE's planning process. Additional information, including 
presentations and materials from the public information sessions and 
the joint Task Force meetings can be found at: https://www.boemre.gov/offshore/RenewableEnergy/StateActivities-RhodeIsland.htm.

Determination of Competitive Interest

    The first step in the leasing process is to determine whether or 
not there is interest in acquiring a lease and whether there is 
competitive interest in acquiring a lease in any particular area. At 
the conclusion of the comment period for this Call, BOEMRE will review 
the nominations received, undertake a completeness review and 
qualifications review, and make a determination as to whether 
competitive interest exists in any specific location within the Call 
Area.
    If two areas of interest fully or partially overlap, BOEMRE may 
proceed with the competitive leasing process as described below. For 
areas where BOEMRE determines that there is no competitive interest, 
BOEMRE may proceed with the noncompetitive leasing process also 
described below. While BOEMRE anticipates that this Call will result in 
multiple nominations for the area that indicate competitive interest 
exists, it is nonetheless possible that the responses to the Call could 
lead to following a competitive process, noncompetitive process, or 
both. BOEMRE may consult with the BOEMRE/Rhode Island and BOEMRE/
Massachusetts Task Forces throughout these processes.
    Situations may arise in which several parties nominate project 
areas that do not overlap. Under these circumstances, BOEMRE could 
choose to employ an allocation system of leases that involves the 
creation of competition across tracts. This system is referred to as 
intertract competition and would also be implemented under the 
competitive process outlined in the regulations. BOEMRE may consult 
with the BOEMRE/Rhode Island and BOEMRE/Massachusetts Task Forces in 
determining intertract competition.
    Respondents to this Call and members of the public should be aware 
that no lease will be issued, either competitively or noncompetitively, 
until the necessary consultations and environmental analysis have been 
completed and the public has been given ample opportunity to comment. 
As a result, it is possible that certain areas nominated may not be 
leased, or that the areas nominated may be modified from their 
original, proposed form before being offered for lease.

Competitive Leasing Process

    If, after receiving responses to this Call, BOEMRE proceeds with 
the competitive leasing process for certain areas, it would follow the 
steps required by 30 CFR 285.211 through 285.225:
    (1) Area Identification: Based on the information submitted in 
response to this Call, BOEMRE would identify an area in which interest 
exists, and which will be subject to environmental analysis, in 
consultation with appropriate Federal agencies, states, local 
governments, tribes and other interested parties. The area identified 
will constitute a WEA under the ``Smart from the Start'' initiative, 
which will be the area analyzed in the EA. The NOI to prepare the EA is 
being published concurrently with this Call.
    (2) Proposed Sale Notice: If BOEMRE decides to proceed with lease 
issuance in the area, then BOEMRE would publish the PSN in the Federal 
Register and send the PSN to any affected tribes, the State Historic 
Preservation Office, the Governor of any affected state, and the 
executive of any affected local government. The PSN would describe the 
areas to be offered for leasing and the proposed conditions of a lease 
sale, including the proposed auction format, lease form, and lease 
provisions/stipulations. Additionally, the PSN would describe the 
criteria and process for evaluating bids. The PSN would be issued after 
completion of any final NEPA documentation, preparation of the 
Consistency Determination as required by the 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.
    (3) Final Sale Notice: If BOEMRE decides to proceed with lease 
issuance after considering comments on the PSN, it would then publish 
the Final Sale Notice (FSN) in the Federal Register at least 30 days 
before the date of the sale. BOEMRE may use one of the following four 
auction formats to select the winning bidder(s) as required by 30 CFR 
285.220: Multiple-factor bidding; sealed bidding; ascending bidding; or 
two-stage bidding (a combination of ascending bidding and sealed 
bidding). BOEMRE would publish the criteria for winning bid 
determinations in the FSN.
    (4) Bid Submission and Evaluation: Following publication of the FSN 
in the Federal Register, qualified bidders would be able to submit 
their bids to BOEMRE in accordance with procedures in the FSN. The 
bids, including the bid deposits if applicable, would be reviewed for 
technical and legal adequacy. BOEMRE would evaluate the bids to 
determine if the bidder has complied with all applicable regulations. 
BOEMRE reserves the right to reject any or all bids and the right to 
withdraw an offer to lease an area from the sale.
    As stated above, BOEMRE may consider using the multiple-factor 
auction format in addition to the three other auction formats described 
at 30 CFR 285.220. If BOEMRE were to use a multiple-factor auction 
format, the evaluation of bids would be made by a panel composed of 
members selected by BOEMRE, and factors that BOEMRE may choose to 
include in the auction could be selected from a wide array of options. 
Factors that BOEMRE may consider for inclusion in this auction process 
are: Compatibility with existing state and local needs; or public 
benefits. These factors would be identified in the FSN.
    If BOEMRE were to use a multiple-factor auction format, it is 
possible that a negotiation stage may be included in the bid assessment 
criteria, to be used if it becomes necessary to modify a proposed lease 
prior to acceptance. BOEMRE would coordinate with the state 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 pursuant to subsection 8(p)(2)(A) of 
the OCS Lands Act (43 U.S.C. 1337(p)(2)(A)).
    (5) Issuance of a Lease: Following the selection of a winning 
bid(s) by BOEMRE, the submitter(s) would be notified of the decision 
and provided a set of official lease documents for execution. The 
successful bidder would be required to execute the lease, pay the 
remainder of the bonus bid, if applicable, and file the required 
financial assurance within 10 days of receiving the lease copies. Upon 
receipt of the required payments, financial assurance, and properly 
executed lease forms, BOEMRE would issue a lease to the successful 
bidder.

Noncompetitive Leasing Process

    If, after evaluating the responses to this notice, BOEMRE 
determines that there is no competitive interest in a proposed lease 
area, it may proceed with the noncompetitive lease issuance process 
pursuant to 30 CFR 285.232, as amended by a rulemaking, which took 
effect on June 15, 2011 (76 FR 28178).

[[Page 51387]]

Should BOEMRE decide to proceed with the noncompetitive leasing 
process, it would ask if the respondent wants to proceed with acquiring 
the lease, and if so, the respondent must submit an acquisition fee as 
specified by 30 CFR 285.502(a). After receiving the acquisition fee, 
BOEMRE would follow the process outlined in 30 CFR 285.231. After 
determining that no competitive interest exists, BOEMRE would publish a 
notice in the Federal Register announcing this determination. Within 60 
days of the date of that notice, the respondent would be required to 
submit a Site Assessment Plan (SAP), as described in 30 CFR 
285.231(d)(2)(i).
    BOEMRE will comply with the requirements of NEPA, CZMA, ESA, NHPA, 
and other applicable Federal statutes before issuing a lease 
noncompetitively. BOEMRE would coordinate and consult, as appropriate, 
with relevant Federal agencies, affected tribes, affected state and 
local governments, and provide opportunity for public comment prior to 
issuing a noncompetitive lease and in formulating lease terms, 
conditions, and stipulations.
    It is possible that responses to this notice may result in a 
determination that there is competitive interest in acquiring leases in 
some areas but not in others. BOEMRE will announce publicly its 
determinations before proceeding with any leasing process.

Description of the Area

    The Call Area is located on the OCS off the coast of Rhode Island 
and Massachusetts. The Call Area is divided into two areas separated by 
an existing TSS. The first section of the Call Area is northwest of the 
TSS beginning approximately 9 nmi southeast of Point Judith, Rhode 
Island and extending approximately 2 nmi seaward (Northwest section). 
This section of the Call Area is approximately 1.25 square nmi and 
contains 1 partial OCS lease block. The second section of the Call Area 
is southeast of the TSS beginning approximately 10 nmi south of the 
Newport, Rhode Island coast and extending approximately 20 nmi seaward 
(Southeast section). This section of the Call area is approximately 246 
square nmi and contains 31 whole OCS lease blocks as well as 10 partial 
OCS lease blocks.
    The following partial OCS lease block is included within the 
Northwest section of the Call Area, in Providence NK19-07:

------------------------------------------------------------------------
             Block No.                            Sub block
------------------------------------------------------------------------
6764..............................  A,B,E
------------------------------------------------------------------------

    The following whole OCS lease blocks, are included within the 
Southeast section of the Call Area in Providence NK19-07: 6817, 6866, 
6915, 6916, 6919, 6965, 6966, 6967, 6968, 6969, 6970, 6971, 7015, 7016, 
7017, 7018, 7019, 7020, 7021, 7064, 7065, 7066, 7067, 7068, 7069, 7070, 
7071, 7114, 7115, 7116, and 7117. The following partial OCS lease 
blocks, are included within the Southeast section of the Call Area in 
Providence NK19-07:

------------------------------------------------------------------------
            Block No.                            Sub block
------------------------------------------------------------------------
6766............................  L,O,P
6815............................  P
6816............................  B,C,D,F,G,H,I,J,K,L,M,N,O,P
6865............................  C,D,F,G,H,J,K,L,M,N,O,P
6867............................  A,B,C,D,E,I,M
6914............................  D,G,H,K,L,O,P
6917............................  A,E,F,G,H,I,J,K,L,M,N,O,P
6918............................  B,C,D,E,F,G,H,I,J,K,L,M,N,O,P
6964............................  C,D,G,H,K,L,O,P
7014............................  C,D,G,H,J,K,L,N,O,P
------------------------------------------------------------------------

    The boundary of the Call Area follows the points listed in the 
tables below for both the Northwest and Southeast sections of the Call 
Area in clockwise order. Point numbers 1 and 7 are the same in table 1 
(Northwest section boundary) and point numbers 1 and 39 are the same in 
table 2 (Southeast section boundary). Coordinates are provided in X, Y 
(eastings, northings) UTM Zone 19N, NAD 83 and geographic (longitude, 
latitude), NAD83.

                          Rhode Island Call Area--Northwest Section Boundary (Table 1)
----------------------------------------------------------------------------------------------------------------
                Point No.                    X (Easting)      Y (Northing)        Longitude         Latitude
----------------------------------------------------------------------------------------------------------------
1.......................................            308000           4574400        -71.293243         41.298222
2.......................................            310400           4574400        -71.264599         41.298789
3.......................................            310400           4573200        -71.264225         41.287989
4.......................................            309200           4573200        -71.278545         41.287706
5.......................................            309200           4572000        -71.278169         41.276905
6.......................................            308000           4572000        -71.292486         41.276621
7.......................................            308000           4574400        -71.293243         41.298222
----------------------------------------------------------------------------------------------------------------


                          Rhode Island Call Area--Southeast Section Boundary (Table 2)
----------------------------------------------------------------------------------------------------------------
                Point No.                    X (Easting)      Y (Northing)        Longitude         Latitude
----------------------------------------------------------------------------------------------------------------
1.......................................            321200           4572000        -71.134986         41.279651
2.......................................            322400           4572000        -71.120667         41.279915
3.......................................            322400           4569600        -71.119968         41.258312
4.......................................            327200           4569600        -71.062707         41.259352
5.......................................            327200           4563600        -71.061010         41.205340
6.......................................            323600           4563600        -71.103920         41.204564
7.......................................            323600           4558800        -71.102537         41.161355
8.......................................            328400           4558800        -71.045360         41.162385
9.......................................            328400           4560000        -71.045696         41.173187
10......................................            336800           4560000        -70.945614         41.174922
11......................................            336800           4555200        -70.944336         41.131709
12......................................            346400           4555200        -70.830021         41.133582
13......................................            346400           4540800        -70.826429         41.003931
14......................................            327200           4540800        -71.054600         41.000088
15......................................            327200           4536000        -71.053259         40.956877
16......................................            308000           4536000        -71.281235         40.952589
17......................................            308000           4545600        -71.284217         41.039000
18......................................            309200           4545600        -71.269952         41.039282

[[Page 51388]]

 
19......................................            309200           4548000        -71.270695         41.060884
20......................................            310400           4548000        -71.256424         41.061165
21......................................            310400           4558800        -71.259756         41.158376
22......................................            311600           4558800        -71.245465         41.158656
23......................................            311600           4560000        -71.245834         41.169457
24......................................            312800           4560000        -71.231539         41.169735
25......................................            312800           4561200        -71.231906         41.180536
26......................................            314000           4561200        -71.217609         41.180813
27......................................            314000           4563600        -71.218339         41.202416
28......................................            315200           4563600        -71.204037         41.202690
29......................................            315200           4564800        -71.204400         41.213492
30......................................            316400           4564800        -71.190096         41.213765
31......................................            316400           4566000        -71.190456         41.224566
32......................................            317600           4566000        -71.176149         41.224838
33......................................            317600           4567200        -71.176508         41.235639
34......................................            318800           4567200        -71.162198         41.235909
35......................................            318800           4569600        -71.162911         41.257512
36......................................            320000           4569600        -71.148597         41.257781
37......................................            320000           4570800        -71.148951         41.268582
38......................................            321200           4570800        -71.134634         41.268849
39......................................            321200           4572000        -71.134986         41.279651
----------------------------------------------------------------------------------------------------------------

Map of the Call Area

    A map of the area can be found at the following URL: https://www.boemre.gov/offshore/RenewableEnergy/StateActivities-RhodeIsland.htm.
    A large-scale map of the Call Area showing boundaries of the area 
with 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, Phone: (703) 787-1320.

Development of the Call Area

    The Call Area was identified by BOEMRE in consultation with the 
State of Rhode Island and the Commonwealth of Massachusetts, and 
further delineated through consultation with the BOEMRE/Rhode Island 
Renewable Energy Task Force and the BOEMRE/Massachusetts Renewable 
Energy Task Force. Specific mitigation, stipulations, or exclusion 
areas may be developed as a result of comments and information received 
in response to this Call, continued coordination with the BOEMRE/Rhode 
Island Renewable Energy Task Force and the BOEMRE/Massachusetts 
Renewable Energy Task Force, and the EA for which BOEMRE is 
concurrently issuing a NOI in the Federal Register, and consultations. 
Issues discussed through consultation with the BOEMRE/Rhode Island Task 
Force and the BOEMRE/Massachusetts Renewable Energy Task Force and 
areas where site-specific stipulations may be required are described 
below.

Unsolicited Requests

    In October and November 2010, BOEMRE received two separate 
unsolicited requests, pursuant to 30 CFR 285.230, for commercial leases 
for areas within the AMI that partially overlap geographically. Because 
the unsolicited lease requests identified areas within the AMI, BOEMRE 
organized a joint meeting with both the BOEMRE/Rhode Island and BOEMRE/
Massachusetts Renewable Energy Task Forces to discuss the proposals on 
December 10, 2010.
    The following whole OCS lease blocks were requested in an 
unsolicited commercial lease request by Deepwater Wind New England, 
LLC: In Providence NK19-07, blocks, 6815, 6816, 6817, 6864, 6865, 6866, 
6867, 6914, 6915, 6970, 6971, 7014, 7015, 7016, 7017, 7019, 7020, 7021, 
7064, 7065, 7066, 7067, 7068, 7069, 7070, 7071, 7114, 7115, 7116, and 
7117.
    The following whole OCS lease blocks were requested in an 
unsolicited commercial lease request by Neptune Wind, LLC: In 
Providence NK19-07, blocks, 6970, 6971, 7018, 7019, 7020, and 7021.
    Portions of the following OCS blocks submitted in Deepwater Wind 
New England, LLC's unsolicited request have not been included within 
the Call Area: In Providence NK19-07:

------------------------------------------------------------------------
            Block No.                            Sub block
------------------------------------------------------------------------
6815............................  A,B,C,D,E,F,G,H,I,J,K,L,M,N,O
6816............................  A,E
6864............................  All sub blocks
6865............................  A,B,E,I
6914............................  A,B,C,E,F,I,J,M,N
7014............................  A,B,E,F,I,M
------------------------------------------------------------------------

    Should Deepwater Wind New England, LLC wish to modify its proposal, 
it may do so pursuant to the section of this Call entitled ``Required 
Nomination Information.''

Charted Unexploded Ordnance

    BOEMRE is aware of unexploded ordnance, as indicated on the NOAA 
nautical chart, and has excluded the following OCS lease blocks that 
overlap:
    In Providence NK19-07:

------------------------------------------------------------------------
            Block No.                            Sub block
------------------------------------------------------------------------
6867............................  F,G,H,J,K,L,N,O,P
6917............................  B,C,D
6918............................  A
------------------------------------------------------------------------

Marine Fisheries and Habitats Within the Call Area

    The SAMP has identified portions of the Call Area as important for 
commercial and recreational fishing activities, as well as important 
marine fish habitat. Specifically, the area in the vicinity of Cox 
Ledge is identified in the SAMP as important for a range of commercial 
fishing activities, including scallop dredging, gillnetting, lobster 
trapping, bottom trawling and recreational activities. The area also 
contains complex marine habitats. Specific information on fishery 
resources, fishing activities and important marine habitats can be 
found in the Ocean SAMP Fisheries Chapter at: https://www.crmc.ri.gov/samp_ocean.html.

[[Page 51389]]

    Data suggest that future development in and around Cox Ledge would 
potentially conflict with fishing activities and marine habitats. The 
National Marine Fisheries Service (NMFS) has expressed concern 
regarding impacts to these fishery resources that may result from 
potential future development. BOEMRE may exclude additional areas from 
further consideration for potential commercial wind energy leasing 
based on the information acquired in response to this Call and the 
results of the environmental review process conducted pursuant to NEPA, 
as described earlier in this notice.
    BOEMRE received several comments, in consultation with the joint 
BOEMRE Rhode Island and Massachusetts Renewable Energy Task Forces, on 
the development of this Call on commercial and recreational fishing 
activities and fish habitat within the Call Area. BOEMRE has included a 
summary of these comments for consideration by respondents preparing to 
submit an expression of interest in response to this Call. The 
following associations forwarded comments for consideration through 
consultation with the joint Rhode Island and Massachusetts Renewable 
Energy Task Forces: Atlantic Offshore Lobstermen's Association, Eastern 
New England Scallop Association, Martha's Vineyard/Dukes County 
Fishermen's Association, Rhode Island Lobsterman's Association, Rhode 
Island Party and Charter Boat Association, and Sakonnet Point 
Fishermen's Association. BOEMRE has aggregated these comments and 
provided the following summary:
    The entire area included in this Call was identified as being 
important for commercial and recreational fishing and marine habitat 
for several species, including Atlantic blue fin tuna, black sea bass, 
cod, dogfish, groundfish species, lobster, monkfish, scup, sea 
scallops, large pelagic sharks, winter flounder, and yellowtail 
flounder. The following OCS blocks were requested to be removed from 
further consideration from the Call area, in Providence NK19-07: 6764, 
6815, 6816, 6865, 6866, 6914, 6915, 6916, 6964, 6966, 6967, 6968, 6969, 
6970, 6971, 7014, 7015, 7016, 7017, 7018, 7019, 7020, 7021, 7064, 7065, 
7066, 7067, 7068, 7069, 7070, and 7071. BOEMRE has identified these 
areas for consideration by respondents preparing to submit an 
expression of interest in response to this Call.

Navigational Issues

    The U.S. Coast Guard (USCG) has provided the following information 
for consideration by respondents and other interested parties to this 
Call. The USCG has a responsibility to ensure the safety of navigation 
under the Ports and Waterways Safety Act (PWSA). The PWSA requires the 
USCG to provide safe access routes for the movement of vessel traffic 
proceeding to or from ports or places subject to the jurisdiction of 
the United States. This is accomplished through designation of 
necessary fairways and TSS for vessels operating in the territorial sea 
of the United States and in high sea approaches, outside the 
territorial sea. The USCG may also determine that establishment of 
other ships' routing measures would enhance navigational safety, and it 
works with its Federal interagency and International Maritime 
Organization partners to establish these voluntary measures as 
necessary.
    The potential for navigational safety risk posed by building 
structures in the proximity of shipping is affected by numerous 
factors, including but not limited to: vessel size, vessel type, 
density of traffic, prevailing conditions, cumulative impacts of 
multiple obstructions (for example, wind assessment or development 
facilities), existence of multiple shipping routes (for example, 
crossing or meeting situations), radar/automatic radar plotting aid 
(ARPA) interference, and existence of mitigating factors such as 
navigational aids, vessel traffic services, or pilotage.
    Currently, there is no standard recommended separation distance 
between offshore renewable energy facilities and shipping routes. The 
USCG has reviewed guidance published by other countries such as the 
United Kingdom's Maritime Guidance Note MGN-371 and consulted with its 
own waterways subject matter experts. Currently, the USCG considers 
that the placement of offshore wind assessment and generation 
facilities in any areas less than 1 nmi from traditional shipping 
routes poses a high risk to navigational safety and therefore does not 
recommend placement of offshore renewable energy facilities in such 
areas. The USCG considers placement of such wind facilities in areas 
greater than 5 nmi from existing shipping routes to pose minimal risk 
to navigational safety. Areas considered for placement of wind 
facilities between 1 nmi and 5 nmi would require additional USCG 
analysis to determine if mitigation factors could be applied to bring 
navigational safety risk to within acceptable levels. Respondents to 
this Call should note that impacts to radar and ARPA still occur 
outside of 1 nmi and will have to be evaluated along with other 
potential impacts. The above are only planning guidelines and may be 
changed based on the completion of the Atlantic Coast Port Access Route 
Study (ACPARS) which is described below. In addition, these guidelines 
maybe further modified upon completion of a Navigational Safety Risk 
Assessment (NSRA) that may be required before BOEMRE approves 
construction of any offshore renewable energy facilities.
    The USCG is conducting an ACPARS to determine how best to route 
traffic on the Atlantic coast. (See Federal Register 76 FR 27288; May 
11, 2011). This study will better inform the USCG about the 
navigational safety risks, if any, associated with construction of 
offshore renewable energy facilities. The data gathered during this 
ACPARS may result in the establishment of new vessel routing measures, 
modification of existing routing measures, or removal of some existing 
routing measures off the Atlantic Coast from Maine to Florida.
    As a member of the BOEMRE Rhode Island and Massachusetts Renewable 
Energy Task Forces, the USCG conducted an evaluation, using the best 
available information, of the Rhode Island and Massachusetts Call Area. 
The USCG recommended OCS blocks (including sub-blocks) that, if 
developed, may have an unacceptable effect on navigational safety, and 
other OCS blocks (including sub-blocks) that would require further 
study to determine the potential effect that the installation of wind 
facilities in these blocks would have on navigation safety. In 
evaluating the practical effect of the OCS blocks that are the subject 
of this Call Area, the USCG applied the criteria described above and 
also conducted a review of other available information including: 
existing AIS data and user input; existing traffic patterns; and a 
literature review of material relevant to historical and current 
coastwise and international uses in the Call Area. In addition, the 
USCG considered the opinions and advice of USCG Subject Matter Experts 
(SMEs) and the ACPARS workgroup concerning waterways management, and 
the potential for modifications to existing routing measures and the 
creation of new routing measures in the area.
    The USCG has advised BOEMRE that, at this time, all blocks included 
in the Call may be considered for possible leasing and potential 
development. However, the USCG advises that all blocks included in the 
Call require further study and analysis related to existing traffic 
usage and patterns, as well as projected future traffic increases based 
on the development of adjacent and adjoining blocks, which will be 
accomplished during the development

[[Page 51390]]

of the ACPARS. Such an evaluation will help the USCG determine what, if 
any, risks exist, and whether USCG should recommend that BOEMRE remove 
any blocks included in the Call Area from consideration for leasing and 
potential development at a later stage in the leasing or plan approval 
process. This process will also allow the USCG to consider potential 
mitigation measures for blocks that are made available for leasing and 
potential development.

Department of Defense (DOD) Activities

    The DOD conducts offshore testing, training, and operations on the 
OCS. BOEMRE will consult with the DOD on all areas nominated for 
leasing to ensure that any future development can be compatible with 
defense activities on the OCS.

Telecommunications Cable

    BOEMRE received a request from Verizon to eliminate OCS blocks 
7014, 7064, 7065, 7115, and 6017 from consideration for potential 
future leasing due to the presence of the CB-1 (formerly Gemini) 
underwater telecommunications cable. BOEMRE has included this 
information for consideration by potential respondents to this Call.

BOEMRE Approach to Exclusion Requests

    Several task force reviewers of the Rhode Island/Massachusetts Call 
have recommended areas to be excluded from consideration of potential 
leasing. As explained in the section of the Call entitled, ``Purpose of 
the Call for Information and Nominations,'' the inclusion of an area in 
the Call is not a decision to lease that area. It is a decision to 
solicit information from all interested and affected parties that 
BOEMRE can use in arriving at an ultimate decision on whether to offer 
the area for lease. The information the Call seeks relates to both 
renewable energy development interest and to other resources and uses. 
After considering the information it receives in response to the Call, 
BOEMRE may decide to exclude certain areas at the next step in the 
planning process--the Area Identification--or to include those areas 
for further consideration and analysis in the NEPA review. Please refer 
to the NOI that is concurrently published with this notice. Generally, 
BOEMRE's approach is to analyze areas thoroughly with the goal of 
eliminating or reducing to an acceptable level any potential resource 
and use conflicts. However, if BOEMRE concludes that such conflicts 
cannot be properly mitigated, exclusions may be necessary. BOEMRE 
intends to make fully informed decisions on exclusions at the 
appropriate time in the lease planning process.
    The Rhode Island/Massachusetts Call includes areas in which 
competing uses have been identified by task force members. BOEMRE has 
highlighted in the Call two such uses: (1) Vessel traffic and (2) 
commercial fishing, for which we are requesting specific data and 
information to inform subsequent decisions. We will consider the 
information we receive from interested developers, maritime interests, 
commercial fishers, and others concerning these areas and uses in 
reaching an Area Identification and in planning the ensuing NEPA 
analysis. It is possible that certain geographic areas and associated 
mitigation measures could be framed as alternatives in the NEPA 
analysis to enable thorough and conclusive consideration by BOEMRE in 
its decisionmaking.

Required Nomination Information

    If you intend to submit a nomination for a commercial wind energy 
lease within the Call Area to BOEMRE, you must provide the following:
    (1) The BOEMRE Protraction name, number, and specific whole or 
partial OCS blocks or sub-blocks within the Call Area that are of 
interest for commercial wind leasing, including any required buffer 
area. This information should be submitted as a spatial file compatible 
with ArcGIS 9.3 in a geographic coordinate system (NAD 83) in addition 
to your hard copy submittal. If your proposed lease area includes one 
or more partial blocks please describe those partial blocks in terms of 
a sixteenth (i.e., sub-block) of an OCS block. Note that any nomination 
identifying areas greater than what would be reasonably necessary to 
develop a commercial wind facility may not be considered as a valid 
nomination. BOEMRE will not consider any areas outside of the Call Area 
in this process;
    (2) A description of your objectives and the facilities that you 
would use to achieve those objectives including: A general description 
of devices and infrastructure you intend to use; anticipated power 
production and likely purchasers; a statement that the proposed 
activity conforms with state and local energy planning requirements, 
initiatives or guidance, as appropriate;
    (3) A preliminary schedule of proposed activities, including those 
leading to commercial operations;
    (4) Available and pertinent data and information concerning 
renewable energy resources and environmental conditions in the area you 
wish to lease, including energy and resource data and information used 
to evaluate the Call Area. Where applicable, spatial information should 
be submitted in a format compatible with ArcGIS 9.3 in a geographic 
coordinate system (NAD 83);
    (5) If available, identification of potential cable landfall sites, 
staging areas and any other support sites that may be necessary for 
your project;
    (6) If available, information regarding proposed land-side and 
near-shore project elements and their potential effects on historic and 
cultural resources;
    (7) Description of the compatibility of your project with 
commercial fishing activity (e.g., spacing between individual turbines, 
array configurations, cable burial depths, routing measures, 
inspections, cable configurations or consolidations, etc.) in this 
area;
    (8) Documentation demonstrating that you are legally qualified to 
hold a lease as set forth in 30 CFR 285.106 and 107. Examples of 
documentation appropriate for demonstrating your legal qualifications 
can be found in Chapter 2 and Appendix B of the BOMRE Renewable Energy 
Framework Guide Book available at https://www.boemre.gov/offshore/RenewableEnergy/PDFs/REnGuidebook_ 03August2009_3_.pdf. Legal 
qualification documents will be placed in an official file that may be 
made available for public review. If you wish that any part of your 
legal qualification documentation be kept confidential, clearly 
identify what should be kept confidential, and submit it under separate 
cover (see Protection of Privileged or Confidential Information 
Section, below).
    (9) You must also include documentation demonstrating that you are 
technically and financially capable of constructing, operating, 
maintaining and decommissioning the facilities described in (2) above. 
Guidance regarding documentation appropriate for demonstrating your 
technical and financial qualifications can be found at: https://www.boemre.gov/offshore/RenewableEnergy/RegulatoryInformation.htm. 
Documentation you submit to demonstrate your legal, technical, and 
financial qualifications must be provided to BOEMRE in both paper and 
electronic formats. BOEMRE considers an Adobe PDF file stored on a 
compact disc (CD) to be an acceptable format for submitting an 
electronic copy; and
    (10) Information submitted previously in an unsolicited request 
need not be re-submitted in response to this Call unless

[[Page 51391]]

the applicant wishes to modify its nomination.
    It is critical that you submit a complete nomination so that BOEMRE 
may evaluate your submission in a timely manner. If BOEMRE reviews your 
nomination and determines that it is incomplete, BOEMRE will inform you 
of this determination in writing. This letter will describe the 
information that BOEMRE determined to be missing from your nomination, 
and indicate the information 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 found 
to be missing from your original submission. If you do not meet this 
deadline, or if BOEMRE determines this second submission to be 
insufficient, then BOEMRE may deem your nomination invalid. In such a 
case, BOEMRE would not move forward with your nomination submitted in 
response to this Call.

Requested Information From Interested or Affected Parties

    BOEMRE is requesting from the public and other interested or 
affected parties specific and detailed comments regarding the following 
conditions in the area identified:
    (1) Geological and geophysical conditions (including bottom and 
shallow hazards);
    (2) Known archaeological and/or cultural resource sites on the 
seabed or nearshore and methodologies used to acquire that data;
    (3) Historic properties potentially affected by the construction of 
meteorological towers, the installation of meteorological buoys, or 
commercial wind development in the area identified in this Call;
    (4) Multiple uses of the area, including navigation (in particular, 
commercial and recreational vessel use), recreation, and fisheries 
(commercial and recreational); and
    (5) Other relevant socioeconomic, biological, and environmental 
information.

Protection of Privileged or Confidential Information

Freedom of Information Act

    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, subject to the requirements 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. Additionally, 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. Information that is not labeled as privileged or 
confidential will be regarded by BOEMRE as suitable for public release.

Section 304 of the National Historic Preservation Act (16 U.S.C. 470w-
3(a))

    BOEMRE is required, after consultation with the Secretary, to 
withhold the location, character, or ownership of historic resources if 
it determines that disclosure may, among other things, risk harm to the 
historic resources or impede the use of a traditional religious site by 
practitioners. Tribal entities should designate information that falls 
under Section 304 of NHPA as ``Confidential''.

     Dated: August 1, 2011.
Michael R. Bromwich,
Director, Bureau of Ocean Energy Management, Regulation and 
Enforcement.
[FR Doc. 2011-21136 Filed 8-17-11; 8:45 am]
BILLING CODE 4310-MR-P