Commercial Leasing for Wind Power on the Outer Continental Shelf Offshore Maryland-Call for Information and Nominations, 5552-5560 [2012-2497]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Ocean Energy Management

[Federal Register Volume 77, Number 23 (Friday, February 3, 2012)]
[Notices]
[Pages 5552-5560]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2497]


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DEPARTMENT OF THE INTERIOR

Bureau of Ocean Energy Management

[Docket No. BOEM-2011-0058]


Commercial Leasing for Wind Power on the Outer Continental Shelf 
Offshore Maryland--Call for Information and Nominations

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

[[Page 5553]]


ACTION: Call for Information and Nominations for Commercial Leases for 
Wind Power on the Outer Continental Shelf Offshore Maryland.

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SUMMARY: In November 2010, the Bureau of Ocean Energy Management, 
Regulation and Enforcement, now BOEM, issued a Request for Interest 
(RFI) to gauge specific interest in obtaining commercial wind leases in 
an area on the Outer Continental Shelf (OCS) offshore Maryland. Based 
on the expressions of interest received in response to the RFI, BOEM 
has determined that competitive interest exists in the area identified. 
The publication of this Call for Information and Nominations (Call) 
initiates the competitive leasing process on the OCS offshore Maryland 
for the area identified herein.
    The publication of this notice does not mean that BOEM will 
ultimately grant a lease to any particular party in the area identified 
offshore Maryland. Rather, the publication of this notice indicates 
that the area described may be subject to future leasing. BOEM is using 
this notice both to solicit any additional lease nominations and to 
request comments from interested and affected parties regarding site 
conditions, resources, and multiple uses of the area identified that 
would be relevant to BOEM's potential leasing and development 
authorization process. Parties wishing to submit a nomination in 
response to this Call should submit detailed and specific information 
as described in the section entitled, ``Required Nomination 
Information.'' The information that BOEM is requesting from the public 
is described 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), which was added by section 388 of the 
Energy Policy Act of 2005 (EPAct), as well as the implementing 
regulations at 30 CFR part 585.
    The Call area described in this notice is located on the OCS 
offshore Maryland. The western edge of the Call is approximately 10 
nautical miles (nmi) from the Ocean City, Maryland coast, and the 
eastern edge is approximately 23 nmi from the Ocean City, Maryland 
coast. The longest portion of the north/south portion is approximately 
13 nmi in length and the longest portion of the east/west portion is 
approximately 13 nmi in length. This Call area was established in 
consultation with the BOEM Maryland Renewable Energy Task Force, and 
comments received in response to the RFI were considered when 
delineating the area. A detailed description of the area and its 
development is found later in this notice.

DATES: Nominations submitted in response to this notice must be 
postmarked no later than March 19, 2012. Submissions of comments or 
other submissions of information are also requested by this date.
    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, Office of 
Renewable Energy Programs, 381 Elden Street, Mail Stop HM 1328, 
Herndon, Virginia 20170. In addition to a paper copy of the nomination, 
include an electronic copy of the nomination on a compact disc (CD). 
Nominations must be postmarked by March 19, 2012. BOEM will list the 
parties that submitted nominations and the location of the proposed 
lease areas (OCS blocks they nominated) on the BOEM 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 titled ``Enter Keyword or ID,'' enter BOEM-2011-0058, then click 
``search.'' Follow the instructions to submit public comments and view 
supporting and related materials available for this notice.
    2. By U.S. Postal Service or other delivery service, sending your 
comments and information to the following address: Bureau of Ocean 
Energy Management, Office of Renewable Energy Programs, 381 Elden 
Street, Mail Stop HM 1328, Herndon, Virginia 20170.
    All responses will be reported on https://www.regulations.gov. If 
you wish to protect the confidentiality of your nominations or 
comments, clearly mark the relevant sections and request that BOEM 
treat them as confidential. Please label privileged or confidential 
information ``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, ``Protection of Privileged or Confidential Information.'' 
Information that is not labeled as privileged or confidential will be 
regarded by BOEM as suitable for public release.

FOR FURTHER INFORMATION CONTACT: Aditi Mirani, Project Coordinator, 
BOEM, Office of Renewable Energy Programs, 381 Elden Street, Mail Stop 
HM 1328, Herndon, Virginia 20170, (703) 787-1320.

SUPPLEMENTARY INFORMATION:

Purpose of the Call for Information and Nominations

    The OCS Lands Act requires BOEM to award leases competitively, 
unless BOEM makes a determination that there is no competitive interest 
(43 U.S.C. 1337(p)(3)). The purpose of this notice is to inform the 
public that BOEM has determined that competitive interest exists in the 
area identified, solicit any additional expressions of interest in 
obtaining a lease in the area identified, and request information from 
interested and affected parties on issues relevant to BOEM's review of 
nominations for potential leases in the area identified.

Background

Energy Policy Act of 2005

    The EPAct amended the OCS Lands Act by adding subsection 8(p), 
which authorizes the Secretary of the Department of the Interior (DOI) 
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. Subsection 8(p) also requires the 
Secretary to issue regulations to carry out the new energy development 
authority on the OCS. The Secretary delegated the authority to issue 
such leases, easements, and ROWs, and to promulgate such regulations to 
the Director of BOEM. On April 29, 2009, BOEM promulgated the Renewable 
Energy and Alternate Uses (REAU) rule, at 30 CFR Part 585, which can be 
found at: https://www.boem.gov/UploadedFiles/FinalRenewableEnergyRule.pdf.

BOEM Maryland Renewable Energy Task Force

    BOEM formed the BOEM Maryland Renewable Energy Task Force to 
facilitate coordination among relevant Federal agencies and affected 
state, local, and tribal governments throughout the leasing process. 
The BOEM Maryland Renewable Energy Task Force meeting materials are 
available on the BOEM web site at: www.boem.gov/Renewable-Energy-Program/State-Activities/Maryland.aspx

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

[[Page 5554]]

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 BOEM 
actions affect the ocean, the Order requires BOEM to take such action 
as necessary to implement this policy, to adhere to the stewardship 
principles and national priority objectives adopted by the Order, and 
follow guidance from the National Ocean Council.
    BOEM appreciates the importance of coordinating its planning 
endeavors with other OCS users and regulators and intends to follow the 
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. BOEM anticipates that 
continued coordination with the State Renewable Energy Task Forces will 
help inform comprehensive coastal and marine spatial planning efforts.

Actions Taken by the State of Maryland in Support of Offshore Renewable 
Energy Development

    BOEM recognizes the importance of the steps that the State of 
Maryland has taken to encourage and incentivize offshore wind energy 
development. While a state may promote such development through 
activities such as the creation of financial incentives, it is 
important to note that an offshore wind project cannot be sited on the 
OCS without an OCS renewable energy lease issued by BOEM pursuant to 30 
CFR Part 585. Below is a description of the activities that the state 
has undertaken to support renewable energy development on the OCS off 
its coast.
    The State of Maryland has engaged in a planning process to evaluate 
and determine areas of the OCS that may be suitable for offshore wind 
energy development. This process was intended to inform state 
recommendations to BOEM regarding potentially suitable areas for BOEM 
to consider when moving forward with its offshore wind energy leasing 
process.
    Since 2009, the Maryland Department of Natural Resources (DNR) has 
been working with resource experts, user groups, The Nature Conservancy 
(TNC), Towson University and the Maryland Energy Administration (MEA) 
to compile data and information about habitats, human uses, and 
resources offshore Maryland. Using the state's foundation of ocean data 
and information, ocean planning tools were used to help identify areas 
most suitable for various types of activities to reduce the potential 
for conflict among uses, facilitate compatible uses, and reduce 
environmental impacts to preserve crucial ecosystem services. 
Information gathered through this state interagency marine spatial 
planning process allowed the development of the Maryland Coastal 
Atlas--a comprehensive internet-based tool that allows stakeholders to 
review the compiled data in an interactive format. The Maryland Coastal 
Atlas can be found at https://www.dnr.state.md.us/ccp/coastalatlas/ocean.asp.
    In November 2009, the MEA issued a Request for Expressions of 
Interest and Information for the development of areas of the OCS 
offshore Maryland. The Request, which closed on March 1, 2010, called 
for information about areas considered most desirable for offshore wind 
energy development and comment on what technologies were most 
appropriate for the geophysical conditions present in this area of the 
OCS. Additionally, information was requested on what policies and 
incentives would be most helpful for the development of offshore wind 
energy in this area.
    In addition to providing input to the BOEM Maryland Renewable 
Energy Task Force, Maryland State agencies have continued to conduct 
outreach to stakeholders. In April 2010, DNR and MEA conducted two open 
houses to allow citizens to ask questions and provide feedback. Experts 
from both agencies and project partners were on hand to answer 
questions and provide information about ocean mapping and planning, 
offshore wind, prospective project timelines, anticipated processes and 
opportunities for community response. In addition, MEA and DNR 
conducted comprehensive outreach to Ocean City and other coastal 
communities to gather input on potential viewshed impact and share 
information on planning processes.
    To inform the state recommendations to BOEM during the planning and 
leasing process, the DNR has maintained a dialogue with the 
recreational and commercial fishing sectors to collect more detailed 
information about fishing use areas. Information about general 
recreational and commercial fishing use areas, more specific pot and 
trawl fishing areas, and other fishing use and offshore renewable wind 
energy concerns is being collected. DNR has conducted outreach through: 
(1) Existing Fishery Advisory Committees; (2) discussions with DNR's 
Fisheries Service regarding fishing tournaments and specific fishing 
industries; (3) individual commercial fishing mapping meetings; (4) 
phone calls with affected individuals; and (5) mailed mapping charts.
    At the March 23, 2011, BOEM Maryland Task Force meeting the MEA 
requested the formation of a Marine Transportation, Navigation and 
Safety working group to specifically address commercial shipping, 
navigation and safety concerns associated with the development of 
offshore wind resources off the coast of Maryland. The working group 
met on May 11, 2011, to discuss possible leasing areas and the various 
potential implications for maritime safety and navigation matters. 
Additionally, MEA staff has participated in stakeholder-led discussions 
on these issues. After extensive consultation with the Maryland 
Department of Transportation, the Maryland Port Administration and 
other interested stakeholders, the working group's discussions informed 
the recommendation of state agencies to BOEM regarding the geographical 
area described in this Call.

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

    Secretary of the Interior Ken Salazar announced the ``Smart from 
the Start'' OCS renewable energy initiative on November 23, 2010. This 
initiative includes three key elements: (1) Eliminating a redundant 
step from the REAU rule; (2) the identification of Wind Energy Areas 
(WEA) to be analyzed in an Environmental Assessment (EA) (prepared 
pursuant to the National Environmental Policy Act (NEPA) (42 U.S.C. 
4321 et seq.)) for the purpose of supporting lease issuance with 
associated site characterization and site assessment activities; and 
(3) proceeding on a parallel track to process offshore transmission 
proposals.
    A WEA is an OCS area that appears to be most suitable for 
commercial wind energy leasing. The area that was included in the 
Maryland RFI, published in November 2010, was designated as the WEA in 
February 2011 (76 FR 7226 (Feb. 9, 2011)). A map showing the WEA can be 
found on the BOEM Web site at: www.boem.gov/Renewable-Energy-Program/Smart-from-the-start/index.aspx.
    As described in the section of this notice entitled, ``Development 
of the RFI and Call Area'' this area has been further refined based 
upon input from the BOEM Maryland Renewable Energy Task Force, the 
United States Coast Guard (USCG), and other stakeholders who commented 
on the original RFI and the Notice of Intent (NOI) to Prepare an EA for 
the ``Smart from the Start'' WEAs (76 FR 7226 (Feb. 9, 2011)). The 
Maryland WEA may be further adjusted

[[Page 5555]]

in response to comments and information received from this notice as 
well as future notices.

Publication of RFI and Responses Received

    The first step in determining whether there is competitive interest 
in acquiring commercial wind energy leases in the WEA on the OCS 
offshore Maryland was the issuance of an RFI in November 2010. By the 
close of the comment period for the RFI, BOEM received nine expressions 
of interest from eight individual entities. A table showing the parties 
and the OCS blocks nominated for leasing can be found at: www.boem.gov/UploadedFiles/TableSummarizingMDRFI012011.pdf. Of the eight entities 
that submitted nominations, two entities nominated the entire area 
described in the RFI.
    BOEM also received comments from members of the public as well as 
state and Federal agencies in response to the RFI. Most of the comments 
discussed shipping and navigational concerns. Two comments focused on 
the impacts of commercial wind lease development on fishing interests. 
The comments received in response to the RFI can be found at: https://www.boem.gov/Renewable-Energy-Program/State-Activities/Maryland.aspx.

Competitive Leasing Process

    The following are the next steps in the competitive leasing process 
after this Call:
    (1) Proposed Sale Notice (PSN): BOEM publishes a PSN in the Federal 
Register and sends the PSN to the Governor of any affected state, any 
affected tribes, and the executive of any local government that might 
be affected. The PSN describes the areas that BOEM has decided to offer 
for leasing and the proposed terms and conditions of a lease sale, 
including the proposed auction format, lease form, and lease 
provisions. Additionally, the PSN describes the criteria and process 
for evaluating bids. The PSN is issued after preparation of various 
analyses of proposed lease sale terms and conditions. The comment 
period following the issuance of a PSN is 60 days.
    (2) Final Sale Notice: BOEM publishes the Final Sale Notice (FSN) 
in the Federal Register at least 30 days before the date of the sale. 
BOEM may use one of the following three auction formats to select the 
winning bidder(s): Sealed bidding; ascending bidding; or two-stage 
bidding (a combination of ascending bidding and sealed bidding). BOEM 
publishes the criteria for winning bid determinations in the FSN.
    (3) Bid Submission and Evaluation: Following publication of the FSN 
in the Federal Register, qualified bidders may submit their bids to 
BOEM in accordance with procedures specified in the FSN. The bids, 
including the bid deposits if applicable, are reviewed for technical 
and legal adequacy. BOEM evaluates each bid to determine if the bidder 
has complied with all applicable regulations. BOEM reserves the right 
to reject any or all bids and the right to withdraw an offer to lease 
an area from the sale.
    (4) Issuance of a Lease: Following the selection of a winning 
bid(s) by BOEM, the submitter(s) is notified of the decision and 
provided a set of official lease documents for execution. The 
successful bidder(s) is 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, BOEM issues a lease to the successful bidder(s).
    Pursuant to 30 CFR 585.212, BOEM may decide to end the competitive 
leasing process prior to the publication of a FSN if it believes that 
competitors have withdrawn and competitive interest no longer exists. 
This would require BOEM to publish an additional notice in the Federal 
Register to confirm that competitive interest no longer exists in the 
area. BOEM would use the information received in response to this 
additional notice to determine whether we would continue with the 
competitive lease sale process or initiate the non-competitive lease 
negotiation process.

Environmental Reviews

    BOEM has prepared an EA considering the environmental impacts and 
socioeconomic effects of issuing renewable energy leases (which 
includes reasonably foreseeable site characterization activities--
geophysical, geotechnical, archeological, and biological surveys--on 
those leases) in identified WEAs offshore New Jersey, Delaware, 
Maryland, and Virginia. The EA also considers the reasonably 
foreseeable environmental impacts and socioeconomic effects associated 
with the approval of site assessment activities (including the 
installation and operation of meteorological towers and buoys) on the 
leases that may be issued. The Commercial Wind Lease Issuance and Site 
Assessment Activities on the Atlantic Outer Continental Shelf Offshore 
New Jersey, Delaware, Maryland, and Virginia Environmental Assessment 
(Regional EA) can be found at: www.boem.gov/Renewable-Energy-Program/Smart-from-the-start/index.aspx.
    The area identified in this Call matches the Maryland area 
described in the preferred alternative in the Regional EA.
    In the event that a lease is issued in the area identified offshore 
Maryland, and the lessee submits a Site Assessment Plan (SAP) pursuant 
to 30 CFR 585.605-618, BOEM will consider whether the regional NEPA 
analysis adequately analyzed all the reasonably foreseeable 
environmental consequences associated with the activities proposed in 
the lessee's SAP. If BOEM determines that the existing NEPA document 
adequately analyzed these consequences, then no further NEPA analysis 
would be required before BOEM may approve the SAP. If the NEPA analysis 
is inadequate or there is new information, additional NEPA review would 
be conducted before the SAP could be approved.
    If and when a lessee is ready to construct and operate a specific 
renewable energy facility on the lease, it would submit a Construction 
and Operations Plan (COP) pursuant to 30 CFR 585.601 and 620-638. 
Pursuant to 30 CFR 585.626, a lessee must submit certain site 
characterization and site assessment information with its COP. Once a 
COP is submitted for a particular project, BOEM will prepare a separate 
NEPA analysis evaluating the reasonably foreseeable environmental 
consequences of the activities described in the COP. This would likely 
take the form of an Environmental Impact Statement (EIS), which would 
provide additional opportunities for public involvement. The NEPA 
review conducted for the COP would provide Federal, state, local, and 
tribal officials and the public with comprehensive site- and project-
specific information regarding potential environmental impacts of the 
project activities. These potential impacts would be taken into account 
prior to BOEM deciding whether to approve, approve with modification, 
or disapprove the COP.

Development of the Call Area

    The Call area was delineated by BOEM in consultation with the BOEM 
Maryland Renewable Energy Task Force, and is intended to minimize user 
conflicts while making an appropriate area available for commercial 
offshore wind energy development. Specific mitigation, stipulations, or 
exclusion areas may be developed and applied at the leasing, site 
assessment, and/or the construction and operations stages as a result 
of environmental reviews and

[[Page 5556]]

associated consultations, as well as continued coordination through the 
BOEM Maryland Renewable Energy Task Force. Issues discussed during 
consultation with the BOEM Maryland Renewable Task Force, and OCS areas 
where site-specific stipulations may be required, are described below.
    Initially, the MEA and the DNR proposed to BOEM an area consisting 
of 45 whole OCS blocks for consideration as an RFI area. As described 
earlier in the section entitled, ``Actions Taken by the State of 
Maryland in Support of Renewable Energy Development,'' this area 
reflected DNR's consideration of numerous factors, including shipping 
lanes, artificial reefs, wind speed, water depths, Assateague Island 
proposed wilderness, sand mining shoals, initial fisheries stakeholder 
feedback, waterbird habitat and density, onshore electric transmission 
systems, and wind energy developer interest. As a result of 
consultations with the BOEM Maryland Renewable Energy Task Force, and 
input from the Department of Defense (DoD) and DNR, BOEM excluded from 
the area certain blocks that were included in the area originally 
proposed by MEA and DNR. The DoD identified 15 blocks located in the 
southern part of this area as a ``Wind Energy Exclusion Area'' and 
recommended that those blocks be removed from consideration mainly due 
to DoD testing and training activities conducted in these blocks. 
Further, the DNR recommended that 6 blocks located in the southwest 
portion of the area be removed from consideration, because of the 
existence of bird concentrations, summer fishing tournaments and 
boating corridors, recreational and sport-fishing, ship wrecks, 
important fishing grounds, artificial reefs, natural corals, and unique 
benthic habitats in these blocks. Based on the input of both the DoD 
and the DNR, BOEM reduced the size of the area that was originally put 
forward by the DNR and MEA, and published the resulting area in the 
RFI.
    Navigational safety issues that were raised at the initial BOEM 
Maryland Renewable Energy Task Force meetings were acknowledged in the 
RFI. The notice provided an explanation of the USCG's concerns about 
renewable energy leasing in the area identified and acknowledged that 
the RFI area may need to be modified in consideration of these issues. 
Twenty two blocks were highlighted for particular consideration of USCG 
concerns. The RFI can be found on BOEM's Web site at: https://www.boem.gov/uploadedFiles/BOEM/Renewable_Energy_Program/State_Activities/FederalRegisterdocument.pdf under Docket Number BOEM-2010-
0038.
    The comment period for the RFI closed on January 10, 2011. Based on 
public comments received in response to the RFI and engagement with the 
BOEM Maryland Renewable Energy Task Force, BOEM determined that 
revisions to the RFI area were appropriate. In particular, BOEM decided 
that, based on an evaluation conducted by USCG, using best available 
information, as well as comments received from the maritime and 
shipping industry, certain areas identified in the RFI would not be 
suitable for inclusion in this leasing initiative at this time, as 
described below.

Navigational Issues

    The USCG has provided the following information for consideration 
by potential respondents to this Call and other interested parties. 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 traffic separation schemes (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 proximity to shipping routes is affected by numerous 
factors including, but not limited to: vessel size, vessel type, 
density of traffic, prevailing conditions, cumulative impact 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 area 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 within acceptable levels. Respondents to this 
Call should note that impacts to radar and ARPA may 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 may be 
further modified upon completion of a Navigational Safety Risk 
Assessment (NSRA) that may be required before BOEM 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 BOEM Maryland Renewable Energy Task Force, the 
USCG partnered with BOEM to gather existing Automated Information 
System (AIS) data, stakeholder input, and information on existing 
traffic patterns and historical and current coastwise and international 
uses in the area offshore Maryland. The USCG conducted an evaluation, 
using the best available information, of the Maryland RFI area. The 
USCG identified 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

[[Page 5557]]

blocks would have on navigational safety.
    The USCG has advised BOEM that, at this time, all blocks included 
in the Call area may be appropriate for leasing and potential 
development. However, the USCG also recommended that our two agencies 
work together to further evaluate all blocks included in the Call area 
with regard to: (1) Existing traffic usage and patterns, (2) projected 
future traffic increases in the area based on the development of nearby 
blocks, and (3) the potential for modifications to existing routing 
measures and the possible creation of new routing measures in the area. 
The USCG will collect data that is relevant to these issues during the 
development of the ACPARS that USCG will share with BOEM as it becomes 
available. This additional information will also help the USCG 
determine what, if any, risks exist and whether USCG will amend its 
initial recommendation that all blocks included in the Call area appear 
to be appropriate for leasing and prospective development. Any 
additional evaluation will also inform the USCG's recommendations for 
potential mitigation measures for any blocks that may be made available 
for leasing.

Department of Defense (DoD) Activities

    The DoD conducts offshore testing, training, and operations in the 
majority of the Call area. Site specific stipulations may be necessary 
at the leasing and/or development stages to avoid and minimize 
conflicts with existing DoD activities in most of the lease blocks 
included in the Call area. A list of these lease blocks is included in 
a table in the section entitled, ``Description of the Call Area.'' BOEM 
will continue to consult with the DoD regarding potential issues 
concerning offshore testing, training, and operational activities, and 
will use best management practices to develop appropriate stipulations 
to avoid conflicts with DoD within the Call area.

Description of the Call Area

    The Call area offshore Maryland contains 9 whole OCS blocks and 11 
partial blocks. The western edge of the Call area is approximately 10 
nmi from the Ocean City, Maryland coast, and the eastern edge is 
approximately 23 nmi from the Ocean City, Maryland coast. The longest 
portion of the north/south portion is approximately 13 nmi in length 
and the longest portion of the east/west portion is approximately 13 
nmi in length. The entire area is approximately 94.04 square nautical 
miles; 79,706 acres; or 32,256 hectares. The boundary of the Call area 
follows the points listed in the table below in clockwise order. Point 
numbers 1 and 35 are the same. Coordinates are provided in X, Y 
(eastings, northings) UTM Zone 18N, NAD 83 and geographic (longitude, 
latitude), NAD83.

----------------------------------------------------------------------------------------------------------------
                    Point No.                       X (Easting)    Y (Northing)      Longitude       Latitude
----------------------------------------------------------------------------------------------------------------
1...............................................          512000         4257600      -74.862445       38.466634
2...............................................          519200         4257600      -74.779913       38.466508
3...............................................          519200         4256400      -74.779946       38.455693
4...............................................          520400         4256400      -74.766193       38.455666
5...............................................          520400         4254000      -74.766263       38.434037
6...............................................          521600         4254000      -74.752513       38.434009
7...............................................          521600         4252800      -74.752550       38.423194
8...............................................          522800         4252800      -74.738803       38.423165
9...............................................          522800         4251600      -74.738842       38.412350
10..............................................          524000         4251600      -74.725097       38.412319
11..............................................          524000         4249200      -74.725179       38.390689
12..............................................          525200         4249200      -74.711438       38.390656
13..............................................          525200         4248000      -74.711481       38.379842
14..............................................          526400         4248000      -74.697742       38.379807
15..............................................          526400         4245600      -74.697832       38.358178
16..............................................          527600         4245600      -74.684098       38.358142
17..............................................          527600         4244400      -74.684144       38.347327
18..............................................          528800         4244400      -74.670412       38.347289
19..............................................          528800         4242000      -74.670510       38.325660
20..............................................          530000         4242000      -74.656781       38.325620
21..............................................          530000         4240800      -74.656832       38.314806
22..............................................          531200         4240800      -74.643106       38.314765
23..............................................          531200         4238400      -74.643212       38.293135
24..............................................          532400         4238400      -74.629489       38.293093
25..............................................          532400         4237200      -74.629544       38.282278
26..............................................          533600         4237200      -74.615824       38.282234
27..............................................          533600         4234800      -74.615938       38.260604
28..............................................          534800         4234800      -74.602222       38.260559
29..............................................          534800         4233600      -74.602281       38.249744
30..............................................          519200         4233600      -74.780567       38.250213
31..............................................          519200         4238400      -74.780437       38.293472
32..............................................          514400         4238400      -74.835327       38.293562
33..............................................          514400         4240800      -74.835278       38.315192
34..............................................          512000         4240800      -74.862732       38.315227
35..............................................          512000         4257600      -74.862445       38.466634
----------------------------------------------------------------------------------------------------------------

    The following 9 whole OCS blocks are included within the Call area: 
Salisbury NJ18-05 Blocks 6624, 6674, 6724, 6774, 6725, 6775, 6825, 
6776, 6826. In addition, parts of the following 11 OCS blocks are 
included within the Call area: Salisbury NJ18-05 Blocks 6623, 6625, 
6673, 6675, 6676, 6723, 6726, 6773, 6777, 6827 and 6828.

[[Page 5558]]



                                  List of OCS Blocks Included in the Call Area
----------------------------------------------------------------------------------------------------------------
      Protraction name         Protraction No.      Block No.                        Sub block
----------------------------------------------------------------------------------------------------------------
Salisbury...................           NJ18-05              6623  C,D,G,H,K,L,O,P.
Salisbury...................           NJ18-05              6624  A,B,C,D,E,F,G,H,I,J,K,L,M,N,O,P.
Salisbury...................           NJ18-05              6625  E, I, M ,N.
Salisbury...................           NJ18-05              6673  C,D,G,H,K,L,O,P.
Salisbury...................           NJ18-05              6674  A,B,C,D,E,F,G,H,I,J,K,L,M,N,O,P.
Salisbury...................           NJ18-05              6675  A,B,C,E,F,G,H,I,J,K,L,M,N,O,P.
Salisbury...................           NJ18-05              6676  M.
Salisbury...................           NJ18-05              6723  C,D,G,H,K,L,O,P.
Salisbury...................           NJ18-05              6724  A,B,C,D,E,F,G,H,I,J,K,L,M,N,O,P.
Salisbury...................           NJ18-05              6725  A,B,C,D,E,F,G,H,I,J,K,L,M,N,O,P.
Salisbury...................           NJ18-05              6726  A,B,E,F,I,J,K,M,N,O,P.
Salisbury...................           NJ18-05              6773  C,D,G,H.
Salisbury...................           NJ18-05              6774  A,B,C,D,E,F,G,H,I,J,K,L,M,N,O,P.
Salisbury...................           NJ18-05              6775  A,B,C,D,E,F,G,H,I,J,K,L,M,N,O,P.
Salisbury...................           NJ18-05              6776  A,B,C,D,E,F,G,H,I,J,K,L,M,N,O,P.
Salisbury...................           NJ18-05              6777  E,I,J,M,N.
Salisbury...................           NJ18-05              6825  A,B,C,D,E,F,G,H,I,J,K,L,M,N,O,P.
Salisbury...................           NJ18-05              6826  A,B,C,D,E,F,G,H,I,J,K,L,M,N,O,P.
Salisbury...................           NJ18-05              6827  A,B,C,E,F,G,H,I,J,K,L,M,N,O,P.
Salisbury...................           NJ18-05              6828  M.
----------------------------------------------------------------------------------------------------------------

List of OCS Blocks in the Call Area With Potential Stipulations

    The USCG advises that all blocks included in the Call area require 
further study to determine risks to navigational safety. It is possible 
that OCS blocks included in the Call area may not be made available for 
leasing and/or development. If the entire Call area were to be made 
available for leasing and development, portions of a number of sub-
blocks may not be available for surface occupancy, (i.e. the placement 
of wind facilities), because of proximity to the TSS. These sub-blocks 
are listed in the table below.

----------------------------------------------------------------------------------------------------------------
      Protraction name         Protraction No.      Block No.                        Sub block
----------------------------------------------------------------------------------------------------------------
Salisbury...................           NJ18-05              6624  D,H.
Salisbury...................           NJ18-05              6625  E, I, N.
Salisbury...................           NJ18-05              6675  B,C,G,H,L,P.
Salisbury...................           NJ18-05              6676  M.
Salisbury...................           NJ18-05              6726  A,B,F,J,K,O,P.
Salisbury...................           NJ18-05              6776  D,H.
Salisbury...................           NJ18-05              6777  E,I,J,N.
Salisbury...................           NJ18-05              6827  B,C,G,H,L,P.
Salisbury...................           NJ18-05              6828  M.
----------------------------------------------------------------------------------------------------------------

    To avoid conflicts with existing DoD activities, site specific 
stipulations may be necessary in the following lease blocks.

----------------------------------------------------------------------------------------------------------------
      Protraction name         Protraction No.      Block No.                        Sub block
----------------------------------------------------------------------------------------------------------------
Salisbury...................           NJ18-05              6624  All Sub blocks.
Salisbury...................           NJ18-05              6625  All Sub blocks.
Salisbury...................           NJ18-05              6674  All Sub blocks.
Salisbury...................           NJ18-05              6675  All Sub blocks.
Salisbury...................           NJ18-05              6676  All Sub blocks.
Salisbury...................           NJ18-05              6724  All Sub blocks.
Salisbury...................           NJ18-05              6725  All Sub blocks.
Salisbury...................           NJ18-05              6726  All Sub blocks.
Salisbury...................           NJ18-05              6774  All Sub blocks.
Salisbury...................           NJ18-05              6775  All Sub blocks.
Salisbury...................           NJ18-05              6776  All Sub blocks.
Salisbury...................           NJ18-05              6777  All Sub blocks.
Salisbury...................           NJ18-05              6825  All Sub blocks.
Salisbury...................           NJ18-05              6826  All Sub blocks.
Salisbury...................           NJ18-05              6827  All Sub blocks.
Salisbury...................           NJ18-05              6623  C,D,G,H,K,L,O,P.
Salisbury...................           NJ18-05              6673  C,D,G,H,K,L,O,P.
Salisbury...................           NJ18-05              6723  C,D,G,H,K,L,O,P.
Salisbury...................           NJ18-05              6773  C,D,G,H.
----------------------------------------------------------------------------------------------------------------


[[Page 5559]]

Map of the Call Area

    A map of the Call area can be found at: www.boem.gov/Renewable-Energy-Program/State-Activities/Maryland.aspx.
    A large scale map of the Call area showing boundaries of the area 
with numbered blocks is available from BOEM at the following address: 
Bureau of Ocean Energy Management, Office of Renewable Energy Programs, 
381 Elden Street, Mail Stop HM 1328, Herndon, Virginia 20170. Phone: 
(703) 787-1320, Fax: (703) 787-1708.

Required Nomination Information

    If you intend to submit a nomination for a commercial wind energy 
lease in the area(s) identified in this notice, you must provide the 
following information. If you have already submitted this information 
in response to the RFI, there is no need to re-submit these materials 
in response to this Call. If you wish to modify any information 
submitted in response to the RFI, including the area described in your 
submission, you may do so in response to this Call.
    (1) The BOEM Protraction name, number, and specific whole or 
partial OCS 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. BOEM 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;
    (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 
that 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) Documentation demonstrating that you are legally qualified to 
hold a lease as set forth in 30 CFR 585.106 and 107. Examples of the 
documentation appropriate for demonstrating your legal qualifications 
and related guidance can be found in Chapter 2 and Appendix B of the 
BOEM Renewable Energy Framework Guide Book available at: https://www.boem.gov/Renewable-Energy-Program/Regulatory-Information/Index.aspx. 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); and
    (6) Documentation demonstrating that you are technically and 
financially capable of constructing, operating, maintaining and 
decommissioning the facilities described in (2) above. Guidance 
regarding the required documentation to demonstrate your technical and 
financial qualifications can be found at: https://www.boem.gov/Renewable-Energy-Program/Regulatory-Information/Index.aspx.
    Documentation you submit to demonstrate your legal, technical, and 
financial qualifications must be provided to BOEM in both paper and 
electronic formats. BOEM considers an Adobe PDF file stored on a 
compact disc (CD) to be an acceptable format for submitting an 
electronic copy.
    It is critical that you submit a complete nomination so that BOEM 
may evaluate your submission in a timely manner. If BOEM reviews your 
nomination and determines that it is incomplete, BOEM will inform you 
of this determination in writing. This letter will describe the 
information that BOEM determined to be missing from your nomination, 
and that you must submit in order for BOEM to deem your submission 
complete. You will be given 15 business days from the date of that 
letter to submit the information that BOEM found to be missing from 
your original submission. If you do not meet this deadline, or if BOEM 
determines this second submission is insufficient and has failed to 
complete your nomination, then BOEM retains the right to deem your 
nomination invalid. In such a case, BOEM will not process your 
nomination.
    It is not required that you submit a nomination in response to this 
Call if you intend to submit a bid in the potential lease sale offshore 
Maryland. However, you would not be able to participate in this lease 
sale unless, prior to the sale, you had been legally qualified to hold 
a BOEM renewable energy lease, and you had demonstrated that you are 
technically and financially capable of constructing, operating, 
maintaining and decommissioning the facilities you would propose to 
install on your lease. To ensure that BOEM has sufficient time to 
process your qualifications package, BOEM requests that you submit this 
package during the PSN 60-day public comment period. Failure to meet 
this deadline makes it unlikely that you would be able to participate 
in this lease sale. More information can be found at: https://www.boem.gov/Renewable-Energy-Program/Regulatory-Information/Index.aspx.

Requested Information From Interested or Affected Parties

    BOEM is requesting from the public and other interested or affected 
parties specific and detailed comments regarding the following:
    (1) Geological and geophysical conditions (including bottom and 
shallow hazards) in the area described in this notice;
    (2) Known archeological and/or cultural resource sites on the 
seabed in the area described in this notice;
    (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.
    The Maryland Call Area has been identified as an area where 
commercial and recreational fishing occurs. During the comment period 
for the Maryland RFI, BOEM received comments with regard to commercial 
fishing. Specifically, the comments noted that the RFI area is fished 
and navigated by scallop, surfclam, quahog, fluke, squid, purse seine, 
and otter trawl fishers. In light of the comments received, BOEM is 
interested in obtaining input from the fishing industry in its planning 
process. Therefore, BOEM encourages the fishing industry to submit, in 
response to this Call, any potential concerns they would like 
prospective developers to address in their future plans and 
applications to BOEM.
    In addition, the waters off Maryland's coast are home to a variety 
of natural coral and other bottom-dwelling communities, including 
relatively rare and ecologically vital live, hard bottom patch 
habitats. These habitats may require special attention during the 
siting and construction phases of wind turbines. This Call is 
soliciting information that can be used to

[[Page 5560]]

characterize and map these communities.

Protection of Privileged or Confidential Information

Freedom of Information Act

    BOEM 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 BOEM treat it as confidential. BOEM 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, BOEM will not treat as confidential any aggregate 
summaries of such information or comments not containing such 
information. Additionally, BOEM 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. Finally, information that is not labeled as privileged or 
confidential will be regarded by BOEM as suitable for public release.

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

    BOEM 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: December 2, 2011.
Tommy P. Beaudreau,
Director, Bureau of Ocean Energy Management.
[FR Doc. 2012-2497 Filed 2-2-12; 8:45 am]
BILLING CODE 4310-VH-P