Commercial Leasing for Wind Power on the Outer Continental Shelf Offshore Massachusetts-Call for Information and Nominations, 5820-5830 [2012-2645]
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Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Notices
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International Trade & Commerce, Inc ........................................................................................................................
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[FR Doc. 2012–2658 Filed 2–3–12; 8:45 am]
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Issuing port
Laredo.
DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
[Docket No. BOEM–2011–0097]
Commercial Leasing for Wind Power
on the Outer Continental Shelf
Offshore Massachusetts—Call for
Information and Nominations
Bureau of Ocean Energy
Management (BOEM), Interior.
ACTION: Call for Information and
Nominations.
AGENCY:
BOEM invites the submission
of nominations for commercial leases
that would allow a lessee to propose the
construction of a wind energy project on
the OCS offshore Massachusetts and to
develop a project if approved after
further environmental review. On
December 29, 2010, BOEM issued the
Massachusetts Request for Interest (RFI)
requesting submission of nominations
and other information by February 28,
2011 (75 FR 82055). In response to
requests from several interested and
affected parties, including the
Commonwealth of Massachusetts,
BOEM reopened the comment period for
the RFI on March 17, 2011 (76 FR
14681), asking for submissions by April
18, 2011. BOEM received 11
nominations of interest from 10
individual entities responding to the
RFI, as well as 247 comments from
members of the public and state and
Federal agencies. On May 2, 2011,
BOEM announced it would reduce the
area identified in the RFI based on
comments received from the fishing
community, the Massachusetts
Executive Office of Energy and
Environmental Affairs, and the
Massachusetts congressional delegation.
BOEM further refined the area that is
under consideration for this Call for
Information and Nominations (Call)
based on consultation with the BOEM
Massachusetts Renewable Energy Task
Force, as described in the ‘‘Development
of the Call Area’’ section later in this
notice. The area that is under
consideration for this Call is referred to
herein as the ‘‘Call Area.’’
Although this announcement is not
itself a leasing announcement, the Call
Area described herein, or portions
thereof, may be made available for
future leasing. BOEM will use the
responses to this Call to gauge specific
interest in acquiring commercial wind
leases in some or all of the Call Area,
SUMMARY:
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and to determine whether competitive
interest exists in any particular portion
of the Call 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 below in the
section entitled, ‘‘Required Nomination
Information.’’
This announcement also requests
comments and information from
interested and affected parties about site
conditions, resources, and multiple uses
in close proximity to, or within, the Call
Area that would be relevant to BOEM’s
review of any nominations submitted
and/or to BOEM’s subsequent decision
to offer all or part of the Call Area for
commercial wind leasing. The
information that BOEM is requesting is
described below in the section of this
Call entitled, ‘‘Requested Information
from Interested or Affected Parties.’’
This Call 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
585.
The Call Area is located off the coast
of Massachusetts beginning
approximately 12 nautical miles (nmi)
south of Martha’s Vineyard and 13 nmi
southwest of Nantucket. From its
northern boundary, the Call Area
extends 33 nmi southward to the 60
meter depth contour and has an east/
west extent of approximately 47 nmi.
The Call Area is approximately 826,241
acres or 975 square nmi in size and
contains 132 whole OCS lease blocks as
well as 19 partial blocks.
DATES: BOEM must receive your
nomination describing your interest in
this potential commercial leasing area
postmarked or delivered by March 22,
2012 for your nomination to be
considered. BOEM requests comments
or other submissions of information be
postmarked or delivered by this same
date. BOEM will consider only the
nominations received that conform to
this requirement.
Submission Procedures: If you are
submitting a nomination for a lease in
response to this Call, please submit your
nomination to the following address:
BOEM, Office of Renewable Energy
Programs, 381 Elden Street, HM 1328,
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).
BOEM will list the parties that
submitted nominations and the location
of the proposed lease areas (i.e., OCS
blocks nominated) on the BOEM Web
site after the 45-day comment period
has closed.
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Comments and other 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–2011–0097, and then click
‘‘search.’’ Follow the instructions to
submit public comments and view
supporting and related materials
available for this notice. BOEM will post
all comments which are not labeled
‘‘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, Office of Renewable
Energy Programs, 381 Elden Street, HM
1328, Herndon, Virginia 20170. All
responses will be reported on
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
with the caption ‘‘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:
Jessica Bradley, Renewable Energy
Program Specialist, BOEM, Office of
Renewable Energy Programs, 381 Elden
Street, HM 1328, Herndon, Virginia
20170, (703) 787–1730 or
jessica.bradley@boem.gov.
SUPPLEMENTARY INFORMATION:
Purpose of the Call for Information and
Nominations
The OCS Lands Act requires BOEM to
award leases competitively, unless
BOEM determines that there is no
competitive interest (43 U.S.C.
1337(p)(3)). The issuance of this Call is
not intended to indicate that BOEM has
determined that competitive interest
exists in the Call Area. Rather, this Call
is the next step in the renewable energy
planning and leasing process after the
publication of the RFI. As described
below in the section of this Call
describing development of the Call
Area, BOEM received numerous
expressions of interest and comments in
response to the RFI. After considering
the comments, BOEM announced on
May 2, 2011, that the Call Area would
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exclude all blocks east of 70° longitude.
This Call provides all potential
nominators—including those who
submitted nominations in response to
the RFI—the opportunity to indicate
their interest in the reduced Call Area
now being considered for leasing and
invites additional comments and
information relevant to the Call Area.
The original nominators may confirm,
revise, or withdraw the nominations
they submitted in response to the RFI or
may submit new nominations, and new
nominators may indicate their interest
in the Call Area. The responses to this
Call will assist BOEM in determining if
there is any competitive interest in the
Call Area. This Call also requests
information from interested and affected
parties on issues relevant to BOEM’s
review of nominations for potential
leases in the Call Area. A lease, whether
issued through a competitive or noncompetitive process, gives the lessee the
exclusive right to subsequently seek
BOEM approval for the development of
the leasehold. The lease does not grant
the lessee the right to construct any
facilities; rather, the lease grants the
right to use the leased area to develop
its plans, which BOEM must approve
before the lessee may proceed to the
next stage of the process. See 30 CFR
585.600 and 585.601.
The responses to this Call could lead
to the initiation of a competitive leasing
process in some parts of the Call Area
(i.e., where competition exists for
certain tracts), and a noncompetitive
process in other parts of the Call Area
(i.e., where no competitive interest
exists for certain tracts). The leasing
process is described more completely
under the ‘‘Determination of
Competitive Interest’’ and
‘‘Noncompetitive Leasing Process,’’
sections of this Call. In any parts of the
Call Area where BOEM determines there
is no competitive interest, BOEM may
proceed with the noncompetitive lease
process pursuant to 30 CFR 585.232. If
BOEM determines that there is
competitive interest in some or all of the
Call Area, then BOEM may proceed
with Area Identification, as set forth in
30 CFR 585.211(b), and the competitive
leasing process set forth under 30 CFR
585.211 through 585.225. Whether the
leasing process is competitive or
noncompetitive, it will include
additional opportunities for the public
to provide input and be reviewed
thoroughly for potential environmental
and multiple use impacts. The area(s)
that may be finally offered for lease, if
any, has/have not yet been determined,
and may include less than the total areal
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extent of the Call Area as identified in
this Call.
available at https://
www.northeastoceandata.org/.
Background
Department of the Interior ‘‘Smart
From the Start’’ Atlantic Wind
Initiative
Secretary Ken Salazar announced the
Smart from the Start wind energy
initiative for the Atlantic OCS on
November 23, 2010. The key element of
this initiative that relates to commercial
wind leasing off Massachusetts is the
identification of a Wind Energy Area
(WEA) to be analyzed in an
environmental assessment (EA) for the
purpose of supporting lease issuance
and initial on-lease activities. A WEA is
a portion of the Call Area that appears
to be suitable for the consideration of
wind energy development based on
information concerning wind energy
potential, natural resources, competing
uses, and other relevant issues. BOEM is
using the planning notices it publishes
(the December 2010 RFI and this Call),
responses to these notices, and
consultation with interested and
affected parties through the BOEM
Massachusetts Renewable Energy Task
Force, to develop and designate a WEA
on the OCS off Massachusetts. A WEA
may be identified at the Area
Identification stage of the planning and
leasing process. A description of
BOEM’s deliberations to date, which
have led to delineation of the Call Area,
is presented in the section of this notice
entitled, ‘‘Development of the Call
Area.’’
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, including
renewable energy sources. 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 BOEM. On April 29,
2009, BOEM published 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.
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Executive Order 13547: Stewardship of
the Ocean, Our Coasts, and the Great
Lakes
On July 19, 2010, the President signed
Executive Order 13547 (Order)
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
BOEM actions affect the ocean or coast,
the Order requires BOEM to take such
action as necessary to implement the
policy, stewardship principles, and
national priority objectives adopted by
the Order, with 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 principles of coastal
and marine spatial planning, and
coordinate with the regional planning
bodies as established by the National
Ocean Council. BOEM anticipates that
continued coordination with the state
Renewable Energy Task Forces will help
inform comprehensive coastal and
marine spatial planning efforts. BOEM
also anticipates that tools developed to
enhance regional ocean planning efforts,
such as the Northeast Ocean Data Portal,
will help inform its leasing processes.
The Northeast Ocean Data Portal was
launched in June 2011 and contains
regional spatial data for New England’s
coasts and ocean waters, and is
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BOEM/Massachusetts Renewable
Energy Task Force
BOEM established the BOEM
Massachusetts Renewable Energy Task
Force in November 2009 to facilitate
coordination among affected Federal
agencies and state, local, and tribal
governments throughout the OCS
renewable energy leasing and
development process. Task Force
meeting materials are available on the
BOEM Web site at https://
www.boem.gov/Renewable-EnergyProgram/State-Activities/
Massachusetts.aspx.
Environmental Review Process
BOEM intends to prepare an 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 the Call Area.
BOEM is publishing, concurrently with
this Call, a Notice of Intent (NOI) to
prepare an EA, which seeks public
input in identifying the environmental
issues and alternatives to be considered
in the EA.
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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. The EA will
consider, at a minimum, two
alternatives: (1) No action, (i.e. no
issuance of leases or approval of site
assessment activities), and (2) the
issuance of leases and approval of site
assessment activities within the Call
Area. The NOI solicits input on the
environmental effects associated only
with the activities described above. The
environmental effects of the
construction or operation of any wind
energy facility would be considered
under a separate National
Environmental Policy Act (NEPA)
environmental review process.
Several consultations will be
conducted concurrently with, and
integrated into, the current NEPA/EA
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,
Section 106 of the National Historic
Preservation Act (NHPA), and Executive
Order 13175—‘‘Consultation and
Coordination with Tribal
Governments.’’ The results of these
consultations will assist BOEM in
deciding whether and where leases may
be issued.
BOEM intends to conduct review
under Section 106 of the NHPA in
coordination with NEPA review and
preparation of the EA (36 CFR
800.8(3)(c)). 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, BOEM
will conduct consultations pursuant to
Section 106, seeking comment from
State Historic Preservation Officers,
local governments, tribal governments,
and organizations and individuals with
a demonstrated interest in the Call Area.
Furthermore, as permitted by 36 CFR
800.2(d)(3), BOEM will use public
information sessions as public
involvement opportunities in lieu of the
public involvement requirements set
forth in Federal regulations issued
pursuant to the NHPA. Finally,
pursuant to Executive Order 13175,
BOEM has initiated government-togovernment tribal consultation with
three Federally-recognized tribes that
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have a demonstrated interest in the Call
Area.
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Actions Taken by the Commonwealth of
Massachusetts in Support of Offshore
Renewable Energy Development
BOEM recognizes the importance of
the steps that the Commonwealth of
Massachusetts has taken to encourage
environmentally-sound offshore wind
energy development. While a state may
promote such development, BOEM
retains the exclusive authority to issue
leases, easements, and rights-of-way on
the OCS for renewable energy purposes.
The following information is a summary
of the initiatives and actions undertaken
by the Commonwealth of Massachusetts
to promote the development of wind
energy on the OCS.
The Commonwealth of Massachusetts
has been working proactively to foster
commercial wind development on the
OCS off Massachusetts for several years.
The Massachusetts RFI that BOEM
issued on December 29, 2010 (75 FR
82055), briefly described several of the
Commonwealth’s key initiatives,
including formulation of the
Massachusetts Ocean Management
Plan. The Massachusetts Ocean
Management Plan and related
information are available from the
Commonwealth at https://
www.mass.gov/eea/mop.
In addition, the Commonwealth of
Massachusetts has established a
Fisheries Working Group on Offshore
Renewable Energy to discuss issues and
compatibilities between commercial
fishing activities and offshore
commercial wind energy development,
and a Habitat Working Group on
Offshore Renewable Energy to discuss
available ecosystem data and
information within the area under
consideration and identify gaps therein.
To inform these discussions, the
Commonwealth has collected and
presented spatial information and data
for the RFI area regarding marine
mammals, avifauna, bathymetry,
surficial geology, commercial ship
traffic, and recreational boating, and
made it available at https://
www.mass.gov/moris. The
Commonwealth has conducted more
than 30 public meetings and stakeholder
sessions in Boston, New Bedford,
Martha’s Vineyard, and Nantucket to
discuss the Federal offshore wind
leasing process. BOEM supports the
Commonwealth’s efforts in engaging the
public and stakeholders in the planning
process for renewable energy
development on the OCS.
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BOEM’s Planning and Leasing Process
BOEM has been involved in a
planning process for renewable energy
on the OCS off the coast of
Massachusetts since the establishment
of the BOEM Massachusetts Renewable
Energy Task Force in 2009. BOEM
coordinated with the Massachusetts
Renewable Energy Task Force on the
development of the December 2010 RFI
and this Call. BOEM also collaborated
with the State of Rhode Island and the
Commonwealth of Massachusetts jointly
on the development of the Call for the
Area of Mutual Interest (AMI),
published in the Federal Register on
August 18, 2011, under Docket ID
‘‘BOEM–2011–0049.’’ In addition,
BOEM participated in the state-hosted
public information sessions with
stakeholders from both states to provide
information regarding BOEM’s planning
process. Additional information,
including presentations and materials
from the public information sessions
and the Task Force meetings, can be
found at: https://www.boem.gov/
Renewable-Energy-Program/StateActivities/Massachusetts.aspx.
Determination of Competitive Interest
The first step in the leasing process is
to determine whether or not there is any
interest in acquiring a lease within the
Call Area. At the same time, BOEM can
determine whether there is overlapping
interest in any particular portion of the
Call Area that would result in the need
for a competitive process. At the
conclusion of the comment period for
this Call, BOEM will review the
nominations received, undertake a
completeness review and a
qualifications review, and determine
whether competitive interest exists in
any specific location within the Call
Area.
If two nominated areas of interest
fully or partially overlap, BOEM may
proceed with competitive leasing as
described in the section of this Call
entitled ‘‘Competitive Leasing Process.’’
For areas where BOEM determines that
there is no competitive interest, BOEM
may proceed with noncompetitive
leasing described in the section herein
entitled ‘‘Non-Competitive Leasing
Process.’’ While BOEM anticipates that
this Call would result in multiple
nominations for particular areas,
indicating competitive interest exists, it
is possible that the responses to the Call
could result in a competitive process, a
noncompetitive process, or partially
both. BOEM may consult with the
BOEM Massachusetts Renewable Energy
Task Force throughout the leasing
process.
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Situations may arise in which several
parties nominate areas that do not
overlap. Under these circumstances,
BOEM 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.
BOEM may consult with the BOEM
Massachusetts Renewable Energy Task
Force in determining the need for, and/
or use of, 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, BOEM proceeds with the
competitive leasing process for certain
areas, it would follow the steps required
by 30 CFR 585.211 through 585.225:
(1) Area Identification: Based on the
information submitted in response to
this Call, BOEM would identify the 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, and 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 (PSN): If
BOEM decides to proceed with lease
issuance in the area, BOEM would first
complete the analyses necessary to
inform the issuance of the PSN,
including any final NEPA
documentation, the Consistency
Determination as required by the CZMA
and its implementing regulations, and
various analyses of proposed lease sale
economic terms and conditions. BOEM
would then 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, and the proposed auction
format, lease document, and lease
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provisions/stipulations. Additionally,
the PSN would describe the criteria and
process for evaluating bids. The
comment period following issuance of a
PSN is 60 days.
(3) Final Sale Notice (FSN): If BOEM
decides to proceed with lease issuance
after considering comments on the PSN,
it would publish the FSN in the Federal
Register at least 30 days before the date
of the lease sale.
(4) Bid Submission and Evaluation:
Following publication of the FSN in the
Federal Register, qualified bidders
would be able to submit their bids to
BOEM in accordance with procedures
specified in the FSN. The bids,
including any required deposits, would
be reviewed for technical and legal
adequacy. BOEM would evaluate the
bids to determine if the bidder had
complied with all applicable
regulations. BOEM always reserves the
right to reject any or all bids and the
right to withdraw an offer to lease an
area.
(5) Issuance of a Lease: Following the
selection of a winning bid(s) by BOEM,
the submitter(s) would be notified of the
decision and provided a set of official
lease documents for execution. The
successful bidder(s) 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
documents. Upon receipt of the required
payments, financial assurance, and
properly executed lease forms, BOEM
would issue a lease to the successful
bidder(s).
Noncompetitive Leasing Process
If, after evaluating the responses to
this Call, BOEM 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 585.232, as
amended by the rulemaking which took
effect on June 15, 2011 (76 FR 28178).
Should BOEM decide to proceed with
the noncompetitive leasing process, it
would ask if the sole respondent who
nominated a particular area wants to
proceed with acquiring the lease, and if
so, the respondent must submit an
acquisition fee as specified by 30 CFR
585.502(a). After receiving the
acquisition fee, BOEM would follow the
process outlined in 30 CFR 585.231.
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
585.231(d)(2)(i).
BOEM will comply with the
requirements of NEPA, CZMA, ESA,
NHPA, and other applicable Federal
statutes before issuing a lease
noncompetitively. BOEM would
coordinate and consult, as appropriate,
with relevant Federal agencies, affected
tribes, and 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
for such a lease.
It is possible that responses to this
Call may result in a determination that
there is competitive interest in acquiring
leases in some areas but not in others.
BOEM will announce publicly its
determinations before proceeding with
any type of leasing process.
Description of the Call Area
The Call Area is located off the coast
of Massachusetts, beginning
approximately 12 nautical miles (nmi)
south of Martha’s Vineyard and 13 nmi
southwest of Nantucket. From its
northern boundary, the Call Area
extends 33 nmi southward to the 60
meter depth contour and has an east/
west extent of approximately 47 nmi.
The Call Area is approximately 826,241
acres or 975 square nmi in size and
contains 132 whole OCS lease blocks as
well as 19 partial blocks.
The following full OCS lease blocks
are included within the Call Area:
In Providence NK19–07: 6976, 6977, 6978,
7022, 7023, 7024, 7025, 7026, 7027, 7028,
7029, 7072, 7073, 7074, 7075, 7076, 7077,
7078, 7079, 7118, 7119, 7120, 7121, 7122,
7123, 7124, 7125, 7126, 7127, 7128, 7129;
In Block Island Shelf NK19–10: 6019, 6020,
6021, 6022, 6023, 6024, 6025, 6026, 6027,
6028, 6029, 6030, 6069, 6070, 6071, 6072,
6073, 6074, 6075, 6076, 6077, 6078, 6079,
6080, 6081, 6082, 6083, 6084, 6125, 6126,
6127, 6128, 6129, 6130, 6131, 6132, 6133,
6134, 6175, 6176, 6177, 6178, 6179, 6180,
6181, 6182, 6183, 6184, 6225, 6226, 6227,
6228, 6229, 6230, 6231, 6232, 6233, 6234,
6275, 6276, 6277, 6278, 6279, 6280, 6281,
6282, 6283, 6284, 6325, 6326, 6327, 6328,
6329, 6330, 6331, 6332, 6333, 6334, 6376,
6377, 6378, 6379, 6380, 6381, 6382, 6383,
6384; and
In Hydrographer Canyon NK19–11: 6051,
6052, 6101, 6102, 6151, 6152, 6201, 6202,
6251, 6252, 6301, 6302, 6351, 6352.
Parts of the following OCS lease
blocks are included within the Call Area
as listed in the following table:
LIST OF PARTIAL OCS BLOCKS IN THE CALL AREA
mstockstill on DSK4VPTVN1PROD with NOTICES
Protraction name
Protraction No.
Providence ...................................................
Providence ...................................................
Providence ...................................................
Providence ...................................................
Block Island Shelf ........................................
Block Island Shelf ........................................
Block Island Shelf ........................................
Block Island Shelf ........................................
Block Island Shelf ........................................
Block Island Shelf ........................................
Block Island Shelf ........................................
Block Island Shelf ........................................
Block Island Shelf ........................................
Block Island Shelf ........................................
Block Island Shelf ........................................
Block Island Shelf ........................................
Block Island Shelf ........................................
Block Island Shelf ........................................
Block Island Shelf ........................................
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NK19–07
NK19–07
NK19–07
NK19–07
NK19–10
NK19–10
NK19–10
NK19–10
NK19–10
NK19–10
NK19–10
NK19–10
NK19–10
NK19–10
NK19–10
NK19–10
NK19–10
NK19–10
NK19–10
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Block No.
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Sub block
6972
6973
6974
6975
6119
6120
6121
6122
6123
6124
6169
6174
6219
6224
6269
6428
6429
6430
6431
E:\FR\FM\06FEN1.SGM
M,N,O,P.
M,N,O,P.
L,M,N,O,P.
D,F,G,H,I,J,K,L,M,N,O,P.
A,B,C,D,E,F,G,H,I,J,K,L,M,N,O.
A,B,C,D,E,F,G,H,I,J,K,L.
A,B,C,D,E,F,G,H,I,J,K,L.
A,B,C,D,E,F,G,H,I,J,K,L.
A,B,C,D,E,F,G,H,I,J,K,L.
A,B,C,D,E,F,G,H,I,J,K,L,N,O,P.
A,B,C,E,F,G,I,J,K,M,N,O.
B,C,D,F,G,H,J,K,L,N,O,P.
A,B,C,E,F,G,I,J,K,M,N,O.
B,C,D,F,G,H,J,K,L,N,O,P.
A,B,C,E,F,G,I,J,K,M,N,O.
A,B,C,D,E,F,G,H,I,J,K,L.
A,B,C,D,E,F,G,H,I,J,K,L.
A,B,C,D,E,F,G,H,I,J,K,L.
A,B,C,D,E,F,G,H,I,J,K.
06FEN1
Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Notices
The boundary of the Call Area follows
the points listed in the table below in
clockwise order. Point numbers 1 and
31 are the same. Coordinates are
provided in X, Y (eastings, northings)
X (easting)
1 ...............................................................................................
2 ...............................................................................................
3 ...............................................................................................
4 ...............................................................................................
5 ...............................................................................................
6 ...............................................................................................
7 ...............................................................................................
8 ...............................................................................................
9 ...............................................................................................
10 .............................................................................................
11 .............................................................................................
12 .............................................................................................
13 .............................................................................................
14 .............................................................................................
15 .............................................................................................
16 .............................................................................................
17 .............................................................................................
18 .............................................................................................
19 .............................................................................................
20 .............................................................................................
21 .............................................................................................
22 .............................................................................................
23 .............................................................................................
24 .............................................................................................
25 .............................................................................................
26 .............................................................................................
27 .............................................................................................
28 .............................................................................................
29 .............................................................................................
30 .............................................................................................
31 .............................................................................................
A map of the Call Area is available at
the following URL: https://
www.boem.gov/Renewable-EnergyProgram/State-Activities/
Massachusetts.aspx. A large scale map
of the Call Area showing its boundaries,
and with numbered blocks, is available
from BOEM at the following address:
Bureau of Ocean Energy Management,
Office of Renewable Energy Programs,
381 Elden Street, HM 1328, Herndon,
Virginia 20170, Phone: (703) 787–1320,
Fax: (703) 787–1708.
mstockstill on DSK4VPTVN1PROD with NOTICES
Development of the Call Area
The Call Area was identified by
BOEM after consideration of the
comments received in response to the
December 2010 RFI, which are
described below, and further delineated
in consultation with the BOEM
Massachusetts Renewable Energy Task
Force. Specific mitigation, stipulations,
or exclusion areas may be developed as
a result of: (1) Consultations with
appropriate Federal, state, and local
agencies, and Indian Tribes, (2)
comments and information received in
response to this Call, (3) continued
coordination with the BOEM
VerDate Mar<15>2010
17:27 Feb 03, 2012
Jkt 226001
UTM Zone 19N, NAD 83 and geographic
(longitude, latitude), NAD83.
Massachusetts Call Area Boundary
Point No.
Map of the Call Area
5825
Y (northing)
364400
380000
380000
384800
384800
413600
413600
389600
389600
388400
388400
370400
370400
360800
360800
356000
356000
352400
352400
330800
330800
327200
327200
346400
346400
359600
359600
362000
362000
364400
364400
4555200
4555200
4550400
4550400
4531200
4531200
4497600
4497600
4495200
4495200
4494000
4494000
4497600
4497600
4502400
4502400
4512000
4512000
4522800
4522800
4507200
4507200
4540800
4540800
4551600
4551600
4552800
4552800
4554000
4554000
4555200
Massachusetts Renewable Energy Task
Force, and (4) the EA for which BOEM
is concurrently publishing a NOI in the
Federal Register.
Responses to the December 2010 RFI
BOEM received a total of 11
expressions of interest from 10
individual entities in response to the
December 2010 RFI. A table showing the
interested parties and the OCS blocks
nominated for leasing is available at the
following link: https://www.boemre.gov/
offshore/RenewableEnergy/PDFs/state
activities/MA/CommercialIndicationsof
Interest4-22-11.pdf.
BOEM also received 247 comments
from members of the public as well as
state and Federal agencies. The
comments received in response to the
December 2010 RFI are available at the
following link: https://www.boem.gov/
Renewable-Energy-Program/StateActivities/Massachusetts.aspx.
BOEM will continue to consider all
comments submitted in response to the
RFI throughout the leasing process. In
particular, the comments submitted in
response to the RFI related to
commercial wind energy leasing and
site assessment activities and site
characterization surveys will be
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Longitude
¥70.615653
¥70.429840
¥70.428902
¥70.371762
¥70.368180
¥70.026196
¥70.021549
¥70.305250
¥70.304830
¥70.319009
¥70.318797
¥70.531439
¥70.532179
¥70.645631
¥70.646693
¥70.703452
¥70.705656
¥70.748279
¥70.750833
¥71.006912
¥71.002689
¥71.045274
¥71.054600
¥70.826429
¥70.829121
¥70.671998
¥70.672272
¥70.643698
¥70.643967
¥70.615387
¥70.615653
Latitude
41.136789
41.139245
41.096020
41.096715
40.923806
40.927357
40.624717
40.621859
40.600243
40.600082
40.589275
40.586651
40.619071
40.617510
40.660734
40.659911
40.746356
40.745718
40.842965
40.838793
40.698345
40.697598
41.000088
41.003931
41.101169
41.103557
41.114362
41.114774
41.125579
41.125983
41.136789
analyzed in the EA (refer to the
concurrently published NOI). The
comments submitted in response to the
RFI related to commercial wind energy
development (e.g. construction,
operation, decommissioning) will be
considered in the NEPA analysis that
will be conducted when these
development activities are subject to a
BOEM decision. A brief summary of the
comments is provided below.
The comments that BOEM received
ranged over a variety of topics in
addition to general support or
opposition, including avian resources,
coastal and marine spatial planning
(CMSP), community-owned projects,
fishing activities and fishery resources,
historic properties and national natural
landmarks, marine mammal resources,
the NEPA process, shipping and
navigation, tribal resources, viewshed,
and the Cape Wind Energy Project.
Many commenters—including the
Nature Conservancy, National Oceanic
and Atmospheric Administration
(NOAA), National Marine Fisheries
Service (NMFS), and the Sierra Club—
submitted maps showing information
related to particular resources
overlapping with the RFI area. The
comments received by BOEM are
E:\FR\FM\06FEN1.SGM
06FEN1
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Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Notices
available at the following link: https://
www.boem.gov/Renewable-EnergyProgram/State-Activities/
Massachusetts.aspx.
Avian resources
Comments regarding the potential
impact of offshore commercial wind
energy development to avian species
were received from The Humane
Society of the United States,
Massachusetts (Mass) Audubon Society,
and the National Wildlife Federation.
The Humane Society recommended a
requirement for multiple years of preconstruction monitoring. Mass Audubon
Society noted that the RFI area includes
two species of concern: Long tailed
ducks and roseate terns. Mass Audubon
recommended multi-year studies on
these species’ individual movements
using radio or satellite transmitters and
aerial and boat surveys to identify the
potential risk to the endangered roseate
tern and the state-listed common tern
from any wind energy development in
the Muskeget Shoals area. Mass
Audubon identified an area offshore
Massachusetts that appears to overlap
with the RFI area that has been
identified as globally significant habitat
for long tailed ducks and indicated that
data collected from 1997 to 2011
demonstrate that approximately 30
percent of the global breeding
population of long tailed ducks
completes a daily commute from
Nantucket Sound to forage on high
concentrations of pelagic amphipods in
the waters immediately west of
Nantucket Shoals.
mstockstill on DSK4VPTVN1PROD with NOTICES
Coastal and Marine Spatial Planning
(CMSP)
Comments related to CMSP were
received from Alliance to Protect
Nantucket Sound, Conservation Law
Foundation, Environmental
Entrepreneurs, Fishing Vessel Holly and
Abby, Martha’s Vineyard Commission,
National Marine Fisheries Service, New
England Fishery Management Council,
Oceans Public Trust Initiative, Sandy
Hook Pilots, Sierra Club, and individual
citizens. Comments included concerns
that the process used to identify the RFI
would circumvent the CMSP process.
Recommendations requested that BOEM
use the principles of the National Ocean
Policy, particularly CMSP, prior to the
siting of wind facilities offshore
Massachusetts. The Sierra Club
recommended that BOEM coordinate its
CMSP efforts with existing plans and
policies and with the CMSP activities of
the Northeast Regional Ocean Council.
VerDate Mar<15>2010
17:27 Feb 03, 2012
Jkt 226001
Community-Owned Projects
BOEM received comments related to
community-owned projects from the
Commonwealth of Massachusetts, State
Representative Timothy Madden,
Martha’s Vineyard Commission, Town
of Oak Bluffs, members of the Vineyard
Power Cooperative, and individual
citizens. BOEM received many
comments that requested BOEM to give
priority to applications that include a
community-owned component, reduce
the financial and technical qualification
requirements for community-owned
projects that express interest in the RFI
area, and set aside specific blocks for
community-owned development within
the RFI area. The Martha’s Vineyard
Commission recommended that BOEM
involve affected communities early in
the process and establish a fund to assist
with mitigation of effects on local
communities, and that developers
should be encouraged to work with
local communities to facilitate
construction of community-owned wind
projects.
Fishing Activities and Fishery
Resources
Comments related to fishing activities
and fishery resources were received
from the American Alliance of
Fishermen, Atlantic Capes Fisheries,
City of New Bedford Mayor Scott Lang,
Commonwealth of Massachusetts,
Conservation Law Foundation, David
Frulla, Kelly Drye & Warren LLP,
Fishing Vessel Holly and Abby, GAO
Associates, Hunter Scalloping
Company, Martha’s Vineyard
Commission, National Wildlife
Federation, New England Fishery
Management Council, NMFS, The
Nature Conservancy, Sierra Club, and
individual citizens. Comments included
concerns about insufficient outreach to
fishermen and concerns related to
potential impacts to the commercial
fishing industry from commercial wind
energy development of the RFI area. The
American Alliance of Fishermen, City of
New Bedford Mayor Scott Lang, and the
Commonwealth of Massachusetts
requested that extensive studies be
conducted of stocks west of the 70°
longitude line and that OCS blocks
within the RFI area east of the 70°
longitude line be excluded from further
consideration in order to protect
valuable fisheries resources. BOEM has
already acted on the latter request, thus
reducing the size of the Call Area from
that of the originally-proposed RFI area.
The Nature Conservancy submitted
information from the Northwest Atlantic
Marine Ecoregional Assessment,
including maps that show information
PO 00000
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Sfmt 4703
related to average pounds of catch of
certain fish species (cod, yellowtail
flounder, winter flounder, sea scallop,
etc.) overlapping the RFI area.
NMFS identified designated essential
fish habitat (EFH) for multiple species
within the RFI area for a range of
federally managed species. NMFS
indicated that complex benthic
substrates vulnerable to disturbances are
located within the RFI area, and
included maps of certain ecologically
important factors within the RFI area.
NMFS noted that specific proposals
within the RFI area must include an
expanded EFH assessment under the
federal review process. NMFS indicated
there are many critical resources in the
RFI area, including habitat for
endangered species and federally
managed fishing resources, and
included information as to locations of
critical habitat as well as fishery
management areas such as the
Nantucket Lightship Closed Access Area
and the Nantucket Lightship Habitat
Closure Area. NMFS also described
fishery activities and associated fishery
resources within the RFI area, and
included maps of specific fishing
activity for the RFI area using Vessel
Trip Report data for five types of fishing
activities from 2006–2012. The New
England Fishery Management Council
identified active fishing grounds for
species within the RFI area and
recommended BOEM obtain
information on species distribution,
fishing effort, and revenues from NMFS.
The New England Fishery Management
Council also noted the RFI area
encompasses EFH for a broad range of
federally managed species, and
requested that projects in the area and
their accompanying NEPA documents
include an expanded EFH impact
assessment.
The American Alliance of Fishermen
requested that BOEM conduct
additional studies on tuna and
swordfish, and fishery stocks that have
not been reported on, such as squid,
winter flounder, lobster, scup, whiting,
black sea bass, skates and dogfish. The
Sierra Club recommended that BOEM
consider the relationship of the RFI area
to the EFH Omnibus Amendment
process underway by the New England
Fishery Management Council. David
Frulla, Kelley Drye & Warren LLP, on
behalf of the Fisheries Survival Fund,
suggested that BOEM use the following
sources of information when identifying
fishing grounds: Vessel Monitoring
System data, Vessel Trip Reports, Swept
Area Seafloor Impact Model (to identify
fishing impacts on essential fish
habitats), and Scallop Survey Data.
Comments also included concerns
E:\FR\FM\06FEN1.SGM
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Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Notices
regarding commercial wind energy
development and interference with
vessel radar systems, and exclusions by
fishing vessel insurance companies.
The Martha’s Vineyard Commission
expressed support for the
Commonwealth’s Fisheries Working
Group on Offshore Renewable Energy
and recommended extensive mapping of
fishing and fish resource areas. The
Martha’s Vineyard Commission also
recommended that developers work
with the fishing community to
implement practices that minimize the
impact on fishing, such as assistance
with increased insurance costs and
coordination of cable-laying. Atlantic
Capes Fisheries recommended areas
rich in scallops and other fisheries such
as the Nantucket Lightship Area and the
eastern area of the RFI be removed from
leasing consideration and that areas the
New England Fishery Management
Council would make permanent
closures for habitat be considered as
preferred and initial leasing targets
provided that other major
environmental resources are not
compromised.
mstockstill on DSK4VPTVN1PROD with NOTICES
National Natural Landmarks
BOEM received comments from the
National Park Service regarding two
designated National Natural Landmarks
that are located in proximity to the RFI
area: Gay Head Cliffs, located at the
southwest end of Martha’s Vineyard and
Muskeget Island, located off the western
tip of Nantucket. The National Park
Service noted that Federal agencies
should consider the existence and
location of designated National Natural
Landmarks in assessing the effects of
their activities on the environment
under section 102(2)(c) of NEPA (42
U.S.C. 4321). The National Park Service
recommended consideration of the
status of Gay Head Cliffs and Muskeget
Island as registered National Natural
Landmarks in evaluating the probable
impact of the proposed activity on the
public interest. The National Park
Service noted that increased erosion
impacts to the cliffs, changes to
sediment transport, and impacts to grey
seal breeding areas (Muskeget being
considered one of the southernmost
breeding areas) are of particular
concern.
Marine Mammal Resources
BOEM received comments related to
marine mammal resources from the
Commonwealth of Massachusetts, The
Humane Society of the United States,
Marine Mammal Commission, National
Wildlife Federation, NMFS, The Nature
Conservancy, Sierra Club, Whale and
Dolphin Conservation Society, and
VerDate Mar<15>2010
17:27 Feb 03, 2012
Jkt 226001
individual citizens. Comments included
concerns that insufficient baseline data
is currently available about marine
mammals or their habitats and
recommendations to initiate monitoring
and baseline studies to acquire
additional information. Comments also
indicated that many species of marine
mammals have been sighted within the
RFI area, including harbor porpoises
and endangered North Atlantic right
whales. The Nature Conservancy
submitted information from the
Northwest Atlantic Marine Ecoregional
Assessment, including maps that show
information related to important marine
mammal areas overlapping the RFI area.
The Humane Society of the United
States expressed reservations regarding
the data provided on the Massachusetts
Ocean Management Plan Web site, and
stated that monitoring should be
required immediately using aerial and
vessel-based surveys and passive
acoustic monitoring. The Humane
Society of the United States also
expressed concern regarding the
changes to migration patterns and
potential for increased vessel collisions.
NMFS indicated several species of
marine mammals are common residents
or occasional visitors to the RFI area,
included locations of critical habitat for
several species, and noted the
consultation requirements for Section
7(a)(2) of the ESA, and the similar
requirements of the Marine Mammal
Protection Act. The Marine Mammal
Commission requested that BOEM
consult with NMFS, U.S. Fish and
Wildlife Service, the Marine Mammal
Commission, and the Army Corps of
Engineers to develop a set of standards
for the collection of baseline
information on marine mammals and
their environment, and identify and
address any significant data gaps, before
initiating the leasing process for
renewable energy operations. The
Marine Mammal Commission also
expressed concerns regarding vessel
collisions with marine mammals,
marine mammal collisions with
turbines, toxic chemical spills from
turbines, and the unknown effects of
electromagnetic fields.
NEPA Process
BOEM received comments from the
Alliance to Protect Nantucket Sound,
Defenders of Wildlife, Environmental
Entrepreneurs, Marine Mammal
Commission, and Oceans Public Trust
Initiative, about the NEPA process. The
Alliance to Protect Nantucket Sound,
Defenders of Wildlife, Marine Mammal
Commission, and Oceans Public Trust
Initiative recommended that DOI
develop an Environmental Impact
PO 00000
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Sfmt 4703
5827
Statement rather than an EA at the
leasing stage.
The Environmental Entrepreneurs
supported the ‘‘Smart from the Start’’
initiative to streamline the process and
requested that BOEM incorporate the
Offshore Wind Development Coalition’s
principles for offshore wind leasing into
the initiative to make it easier for wind
developers to obtain preliminary,
exclusive leases for site exploration
while still ensuring that there will be
full environmental review when an
actual project is proposed.
Shipping and Navigation
BOEM received comments related to
shipping and navigation from the U.S.
Coast Guard First District, American
Association of Port Authorities, The
American Waterways Operators, Sandy
Hook Pilots, Port Authority of New York
and New Jersey, Commonwealth of
Massachusetts, and individual citizens.
Comments focused on concerns
regarding commercial wind energy
development overlapping or in
proximity to existing Traffic Separation
Schemes (TSS). The U.S. Coast Guard
First District suggested that OCS blocks
overlapping with and in proximity to
the Boston and Nantucket to Ambrose
TSS be highlighted for possible
exclusion or imposition of mitigation
measures. The U.S. Coast Guard First
District also suggested that historical
Automated Identification System (AIS)
data be used to determine vessel traffic
density, recommended that the
consequences of funneling traffic into
the traffic lane or closer to shore be
identified, and suggested a study of
potential impacts of offshore wind
energy development on the U.S. Coast
Guard’s ability to conduct search and
rescue missions.
The American Waterways Operators
expressed concerns related to the
placement of wind turbines and impacts
to navigation and operation safety, and
suggested that BOEM exclude areas for
wind development that are within at
least 800 meters from a TSS. BOEM has
already excluded, in consultation with
the U.S. Coast Guard, aliquot parts of
OCS blocks within 1 nmi of the TSS
from the Call Area. The American
Waterways Operators expressed support
for BOEM’s use of AIS to identify vessel
traffic patterns, and requested BOEM
consult with maritime industry
stakeholders as part of the NEPA
scoping process. The American
Association of Port Authorities
recommends that future RFIs exclude
areas near a TSS before the official
release of the RFI, and recommends that
BOEM use U.S. Coast Guard personnel
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Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Notices
and resources to analyze the AIS data
and provide recommendations.
Tribal Resources
BOEM received comments from the
Martha’s Vineyard Commission,
National Wildlife Federation, and the
Town of Oak Bluffs regarding tribal
resources. The Martha’s Vineyard
Commission recommended that BOEM
involve tribal representatives in all
stages and aspects of the process of
planning, research, project selection,
and project design. The Town of Oak
Bluffs expressed support for the
Wampanoag Tribe of Gayhead’s
(Aquinnah) request that any project less
than 21 miles offshore should be
reviewed with particular sensitivity to
tribal concerns and historic scenic
views.
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Viewshed
BOEM received comments from the
Martha’s Vineyard Commission,
National Wildlife Federation, and the
Town of Oak Bluffs related to viewshed
concerns. The Martha’s Vineyard
Commission requested that BOEM
should work to mitigate any impacts to
scenic views through siting and turbine
configuration. The Town of Oak Bluffs
expressed concern about the effects of
the RFI on historic and scenic
viewscapes. The National Wildlife
Federation recommended that the
Federal Government fully pursue its
government-to-government consultation
obligation by reaching out directly to
tribes and ensure that the appropriate
tribal officials and tribal staff have been
fully consulted, involving more than an
official letter of notice, and including
every possible communication method
(letter, email, phone, and face-to-face
meetings). The National Wildlife
Federation also recommended the
Federal Government fully address and
pursue measures to minimize and fully
mitigate impacts to tribal cultural,
wildlife, water and other natural
resources, with the ultimate objective of
having no impact on those resources or
traditional properties.
The Cape Wind Energy Project
BOEM received comments from the
Alliance to Protect Nantucket Sound,
Oceans Public Trust Initiative, and
individual citizens expressing concerns
regarding the Cape Wind Energy Project.
Comments included general opposition
to the Cape Wind Energy Project and
stated that BOEM should consider the
RFI area as an alternative site to the
Cape Wind Energy Project. The Alliance
to Protect Nantucket Sound and Oceans
Public Trust Initiative expressed that
the RFI area demonstrates that there are
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alternative locations to Cape Wind’s
location in Nantucket Sound. The
Oceans Public Trust Initiative suggested
that DOI disapprove the Cape Wind
project.
Additional Task Force Membership
Comments
Issues discussed through consultation
with the BOEM/Massachusetts
Renewable Energy Task Force, and areas
where site-specific stipulations may be
required are described below. NMFS
noted that the Call Area overlaps with
the Nantucket Lightship Groundfish
Closed Area, and also noted the New
England Fishery Management Council
(NEFMC) is considering a range of new
possible habitat closed area alternatives
because of habitat vulnerability within
proximity to the Call Area, such as Cox
Ledge and Nantucket Shoals. NMFS
provided in its comment the following
references for detailed information
regarding areas that are actively
managed by NMFS: https://
www.nero.noaa.gov/nero/fishermen/
charts.html and https://
www.nero.noaa.gov/nero/regs/info.html.
NMFS noted this information is
important for developers when
considering proposed cable routes as
well as potential for interactions with
fishing activities displaced from these
closed areas. Concerning cables, NMFS
further identified the need for BOEM to
proactively develop cable corridors in
order to minimize the cumulative
impact of multiple cables from sites
within a Wind Energy Area to shore.
BOEM has requested information
regarding potential cable configurations
and consolidations from nominators
that submit a response to this Call (refer
to the section entitled ‘‘Required
Nomination Information’’), and will
consider the information it receives in
response to the Call as it moves forward
with the leasing and planning process
and in the EA.
NMFS made recommendations
concerning several other aspects of
potential OCS development. NMFS
recommended that information
generated by lessees through site
assessment and leasing activities be
made public and used to populate the
National Ocean Council’s ‘‘National
Information Management System,’’ and/
or regional data portals. The Northeast
Regional Ocean Council (NROC) has
been working with a partnership of
government agencies, non-government
organizations, and academic entities to
develop a Northeast Ocean Data Portal,
which can be accessed at: https://
northeastoceandata.org/. NMFS also
recommended the Call acknowledge the
issue of climate change and the
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anticipated shift in fishery resource
populations as well as shifts in fishing
activities. NMFS also recommended that
BOEM require coordinated fisheries
studies once leases have been issued to
ensure a consistent fishery research
methodology throughout the area and
minimize duplicative costs to
developers.
Department of Defense (DoD) Activities
The DoD conducts offshore testing,
training, and operations on the OCS.
BOEM will consult with the DoD about
all areas nominated for leasing to ensure
that any future development can be
compatible with defense activities on
the OCS.
BOEM Approach to Exclusion Requests
Several comments received by BOEM
in response to the RFI 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 of the OCS within
the Call Area is not a decision to lease
that area. The Call solicits information
from all interested and affected parties
that BOEM can use in identifying
portions of the Call Area where interest
exists and which will be subject to
environmental analysis and stakeholder
consultation. The information the Call
seeks relates to both renewable energy
development interest and to other
resources within, and current uses of,
the Call Area. After considering the
information it receives in response to
the Call, BOEM 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 being published
concurrently with this notice. Generally,
BOEM’s approach is to first analyze the
entire Call Area thoroughly with the
goal of eliminating or reducing to an
acceptable level any potential resource
and use conflicts. However, if BOEM
concludes that such conflicts cannot be
properly mitigated, exclusions may be
necessary. BOEM intends to make fullyinformed decisions on exclusions at the
appropriate time in the lease planning
process.
Task force members and comments
received in response to the RFI have
both identified competing uses within
the Call Area. BOEM hereby highlights
in the Call two such uses: (1) Vessel
traffic and (2) commercial fishing, and
requests specific data and information
relevant to these uses, which will be
used to inform its subsequent decisions.
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BOEM will consider the information
received from interested developers,
maritime interests, commercial fishers,
and others concerning these uses in
reaching an Area Identification and in
planning the ensuing NEPA analysis. It
is possible that certain geographic areas
and/or associated mitigation measures
could be framed as alternatives in the
NEPA analysis to enable thorough and
conclusive consideration by BOEM in
its decisionmaking.
Required Nomination Information
If you intend to submit a nomination
for a commercial wind energy lease
within the Call Area, you must provide
the following:
(1) The BOEM Protraction name,
number, and specific whole or partial
OCS blocks or sub-blocks within the
Call Area that are of interest to you 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 a 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, 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 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 Call Area, 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 viewsheds, historic, cultural,
and/or tribal resources;
(7) Description of the compatibility of
your project with commercial fishing
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17:27 Feb 03, 2012
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activity (e.g. spacing between individual
turbines, array configurations, cable
burial depths, routing measures,
inspections, cable configurations or
consolidations, etc.) occurring, or
expected to occur, both within, and
within proximity to, your proposed
area;
(8) Documentation demonstrating that
you are qualified to hold a lease as set
forth in 30 CFR 585.106 and 107.
Examples of documentation appropriate
for demonstrating your legal
qualifications can be found in Chapter
2 and Appendix B of the BOEM
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 a 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.boem.gov/RenewableEnergy-Program/RegulatoryInformation/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 CD to be an acceptable format for
submitting an electronic copy; and
(10) Applicants who submitted a
nomination in response to the RFI
should indicate in response to this Call
whether: (1) They wish to continue with
their original RFI nomination within the
Call Area; (2) they wish to continue
with, but modify, their original RFI
nomination within the Call Area; (3)
they wish to withdraw their original RFI
nomination from further consideration;
and/or (4) they wish to submit a new
nomination of interest within the Call
Area. An applicant may make more than
one nomination within the Call Area.
Therefore, for example, even if the
applicant wishes to continue with its
original RFI nomination, it may also
make a new nomination.
It is critical that you submit a
complete nomination so that BOEM may
evaluate your submission in a timely
PO 00000
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Fmt 4703
Sfmt 4703
5829
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 direct you to
submit it in order for BOEM to deem
your submission complete. You will be
given 15 business days from the date of
the 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 to be
insufficient, then BOEM may deem your
nomination invalid. In such a case,
BOEM would not move forward with
your nomination submitted in response
to this Call.
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);
(2) Known archeological 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 Call Area;
(4) Other 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
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.
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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. 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: February 1, 2012.
Tommy P. Beaudreau,
Director, Bureau of Ocean Energy
Management.
[FR Doc. 2012–2645 Filed 2–3–12; 8:45 am]
BILLING CODE 4310–VH–P
DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
[Docket No. BOEM–2011–0116]
Commercial Wind Leasing and Site
Assessment Activities on the Atlantic
Outer Continental Shelf Offshore
Massachusetts
Bureau of Ocean Energy
Management (BOEM), Interior.
ACTION: Notice of Intent to Prepare an
Environmental Assessment.
AGENCY:
This Notice of Intent to
Prepare an Environmental Assessment
(Notice) is being published as an initial
step for the purpose of involving
Federal agencies, states, tribes, local
governments, offshore wind energy
developers, and the public in the
Department of the Interior’s (DOI)
‘‘Smart from the Start’’ wind energy
initiative offshore Massachusetts. The
purpose of the ‘‘Smart from the Start’’
wind energy initiative is to identify
areas that may be most suitable for wind
energy leasing on the Outer Continental
Shelf (OCS), and to obtain public and
expert input that will inform the
Department’s decision-making with
regard to issuing leases and approving
site assessment activities in these areas,
in accordance with applicable DOI
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SUMMARY:
VerDate Mar<15>2010
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regulations and the Council on
Environmental Quality (CEQ)
regulations implementing the provisions
of the National Environmental Policy
Act (NEPA) of 1969 as amended (42
U.S.C. 4321 et seq.).
On November 23, 2010, Secretary of
the Interior Ken Salazar announced the
‘‘Smart from the Start’’ renewable
energy initiative to accelerate the
responsible development of renewable
energy resources on the Atlantic OCS.
The initiative focuses on the
identification and refinement of areas
on the OCS that are most suitable for
renewable energy development, known
as Wind Energy Areas (WEAs), and
utilizes coordinated environmental
studies, large-scale planning processes,
and expedited review procedures within
these areas to achieve an efficient and
responsible renewable energy leasing
process.
In consultation with other Federal
agencies and the Massachusetts
Renewable Energy Task Force, BOEM
has identified an area for consideration
for potential future wind energy leasing
offshore Massachusetts (Call Area). This
Call Area is identified in the document
entitled Commercial Leasing for Wind
Power on the Outer Continental Shelf
Offshore Massachusetts-Call for
Information and Nominations (Call),
which is being published concurrently
with this Notice. This is the first public
step in the potential leasing process
which requires several more
opportunities for public involvement
before leasing can occur, including a
proposed sale notice. A commercial
lease gives the lessee the exclusive right
to subsequently seek BOEM approval for
the development of the leasehold. The
lease does not grant the lessee the right
to construct any facilities; rather, the
lease grants the lessee the right to use
the leased area to develop its plans,
which BOEM must approve before the
lessee can move on to the next stage of
the process. See 30 CFR 585.600 and
585.601.
More information on the renewable
energy task forces and the ‘‘Smart from
the Start’’ initiative can be found at:
http:boem.gov/Renewable-EnergyProgram/Smart-from-the-Start/
Index.aspx and at: https://www.doi.gov/
news/pressreleases/Salazar-LaunchesSmart-from-the-Start Initiative-toSpeed-Offshore-Wind-EnergyDevelopment-off-the-AtlanticCoast.cfim.
BOEM intends to prepare an
environmental assessment (EA), which
is the subject of this Notice, that will
consider the environmental
consequences associated with issuing
commercial wind leases and approving
PO 00000
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site assessment activities on those leases
(within all or some of this Call Area). If
a lessee proposes development activity,
the specific proposal will be given full
environmental review at that time.
BOEM is seeking public input regarding
the identification of the alternatives to
be considered in the EA, as well as the
environmental and/or socioeconomic
issues to be analyzed.
Furthermore, Section 106 of the
National Historic Preservation Act (16
U.S.C. 470f), and it’s implementing
regulations (36 CFR 800), require
Federal agencies to consider the effects
of their actions on historic properties.
Therefore, BOEM will conduct Section
106 review for the issuance of leases
and approval of site assessment
activities within some or all of the Call
Area, in coordination with its
environmental review. As part of this
Section 106 review, BOEM will initiate
consultation with state historic
preservation officers, tribal officials, and
others. BOEM is now reaching out to the
general public for comments regarding
the identification of historic properties
or potential effects to historic properties
from leasing and site assessment
activities in the Call Area. Submitted
information will allow BOEM to
consider the views of the public and
document historic preservation
concerns early in the Section 106
process.
Authority: This Notice of Intent to prepare
an environmental assessment is published
pursuant to 43 CFR 46.305.
FOR FURTHER INFORMATION CONTACT:
Michelle Morin, BOEM Office of
Renewable Energy Programs, 381 Elden
Street, HM 1328, Herndon, Virginia
20170–4817, (703) 787–1340 or
michelle.morin@BOEM.gov.
SUPPLEMENTARY INFORMATION:
1. The OCS Wind Energy Leasing and
Development Process
There are three key phases in the
wind energy leasing and development
process on the OCS: (1) Lease issuance;
(2) approval of a site assessment plan
(SAP); and (3) approval of a
construction and operation plan (COP).
The first phase, issuance of a
commercial renewable energy lease,
gives the lessee an exclusive right to
apply for approval of subsequent plans,
the approval of which is necessary for
a lessee to advance to the next stage of
the renewable energy development
process. We are at the beginning of this
phase offshore Massachusetts. The
second phase is the applicant’s
submission and BOEM’s subsequent
review and approval of a SAP. Approval
of a SAP allows the lessee to construct
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Agencies
[Federal Register Volume 77, Number 24 (Monday, February 6, 2012)]
[Notices]
[Pages 5820-5830]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2645]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
[Docket No. BOEM-2011-0097]
Commercial Leasing for Wind Power on the Outer Continental Shelf
Offshore Massachusetts--Call for Information and Nominations
AGENCY: Bureau of Ocean Energy Management (BOEM), Interior.
ACTION: Call for Information and Nominations.
-----------------------------------------------------------------------
SUMMARY: BOEM invites the submission of nominations for commercial
leases that would allow a lessee to propose the construction of a wind
energy project on the OCS offshore Massachusetts and to develop a
project if approved after further environmental review. On December 29,
2010, BOEM issued the Massachusetts Request for Interest (RFI)
requesting submission of nominations and other information by February
28, 2011 (75 FR 82055). In response to requests from several interested
and affected parties, including the Commonwealth of Massachusetts, BOEM
reopened the comment period for the RFI on March 17, 2011 (76 FR
14681), asking for submissions by April 18, 2011. BOEM received 11
nominations of interest from 10 individual entities responding to the
RFI, as well as 247 comments from members of the public and state and
Federal agencies. On May 2, 2011, BOEM announced it would reduce the
area identified in the RFI based on comments received from the fishing
community, the Massachusetts Executive Office of Energy and
Environmental Affairs, and the Massachusetts congressional delegation.
BOEM further refined the area that is under consideration for this Call
for Information and Nominations (Call) based on consultation with the
BOEM Massachusetts Renewable Energy Task Force, as described in the
``Development of the Call Area'' section later in this notice. The area
that is under consideration for this Call is referred to herein as the
``Call Area.''
Although this announcement is not itself a leasing announcement,
the Call Area described herein, or portions thereof, may be made
available for future leasing. BOEM will use the responses to this Call
to gauge specific interest in acquiring commercial wind leases in some
or all of the Call Area,
[[Page 5821]]
and to determine whether competitive interest exists in any particular
portion of the Call 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 below in the section entitled, ``Required Nomination
Information.''
This announcement also requests comments and information from
interested and affected parties about site conditions, resources, and
multiple uses in close proximity to, or within, the Call Area that
would be relevant to BOEM's review of any nominations submitted and/or
to BOEM's subsequent decision to offer all or part of the Call Area for
commercial wind leasing. The information that BOEM is requesting is
described below in the section of this Call entitled, ``Requested
Information from Interested or Affected Parties.''
This Call 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 585.
The Call Area is located off the coast of Massachusetts beginning
approximately 12 nautical miles (nmi) south of Martha's Vineyard and 13
nmi southwest of Nantucket. From its northern boundary, the Call Area
extends 33 nmi southward to the 60 meter depth contour and has an east/
west extent of approximately 47 nmi. The Call Area is approximately
826,241 acres or 975 square nmi in size and contains 132 whole OCS
lease blocks as well as 19 partial blocks.
DATES: BOEM must receive your nomination describing your interest in
this potential commercial leasing area postmarked or delivered by March
22, 2012 for your nomination to be considered. BOEM requests comments
or other submissions of information be postmarked or delivered by this
same date. BOEM will consider only the nominations received that
conform to this requirement.
Submission Procedures: If you are submitting a nomination for a
lease in response to this Call, please submit your nomination to the
following address: BOEM, Office of Renewable Energy Programs, 381 Elden
Street, HM 1328, 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). BOEM will list the parties that submitted
nominations and the location of the proposed lease areas (i.e., OCS
blocks nominated) on the BOEM Web site after the 45-day comment period
has closed.
Comments and other 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-2011-0097, and then
click ``search.'' Follow the instructions to submit public comments and
view supporting and related materials available for this notice. BOEM
will post all comments which are not labeled ``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, Office of Renewable Energy Programs, 381 Elden
Street, HM 1328, Herndon, Virginia 20170. All responses will be
reported on 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 with the caption ``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: Jessica Bradley, Renewable Energy
Program Specialist, BOEM, Office of Renewable Energy Programs, 381
Elden Street, HM 1328, Herndon, Virginia 20170, (703) 787-1730 or
jessica.bradley@boem.gov.
SUPPLEMENTARY INFORMATION:
Purpose of the Call for Information and Nominations
The OCS Lands Act requires BOEM to award leases competitively,
unless BOEM determines that there is no competitive interest (43 U.S.C.
1337(p)(3)). The issuance of this Call is not intended to indicate that
BOEM has determined that competitive interest exists in the Call Area.
Rather, this Call is the next step in the renewable energy planning and
leasing process after the publication of the RFI. As described below in
the section of this Call describing development of the Call Area, BOEM
received numerous expressions of interest and comments in response to
the RFI. After considering the comments, BOEM announced on May 2, 2011,
that the Call Area would exclude all blocks east of 70[deg] longitude.
This Call provides all potential nominators--including those who
submitted nominations in response to the RFI--the opportunity to
indicate their interest in the reduced Call Area now being considered
for leasing and invites additional comments and information relevant to
the Call Area. The original nominators may confirm, revise, or withdraw
the nominations they submitted in response to the RFI or may submit new
nominations, and new nominators may indicate their interest in the Call
Area. The responses to this Call will assist BOEM in determining if
there is any competitive interest in the Call Area. This Call also
requests information from interested and affected parties on issues
relevant to BOEM's review of nominations for potential leases in the
Call Area. A lease, whether issued through a competitive or non-
competitive process, gives the lessee the exclusive right to
subsequently seek BOEM approval for the development of the leasehold.
The lease does not grant the lessee the right to construct any
facilities; rather, the lease grants the right to use the leased area
to develop its plans, which BOEM must approve before the lessee may
proceed to the next stage of the process. See 30 CFR 585.600 and
585.601.
The responses to this Call could lead to the initiation of a
competitive leasing process in some parts of the Call Area (i.e., where
competition exists for certain tracts), and a noncompetitive process in
other parts of the Call Area (i.e., where no competitive interest
exists for certain tracts). The leasing process is described more
completely under the ``Determination of Competitive Interest'' and
``Noncompetitive Leasing Process,'' sections of this Call. In any parts
of the Call Area where BOEM determines there is no competitive
interest, BOEM may proceed with the noncompetitive lease process
pursuant to 30 CFR 585.232. If BOEM determines that there is
competitive interest in some or all of the Call Area, then BOEM may
proceed with Area Identification, as set forth in 30 CFR 585.211(b),
and the competitive leasing process set forth under 30 CFR 585.211
through 585.225. Whether the leasing process is competitive or
noncompetitive, it will include additional opportunities for the public
to provide input and be reviewed thoroughly for potential environmental
and multiple use impacts. The area(s) that may be finally offered for
lease, if any, has/have not yet been determined, and may include less
than the total areal
[[Page 5822]]
extent of the Call Area as 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, including renewable energy sources. 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 BOEM. On April 29, 2009,
BOEM published 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.
Executive Order 13547: Stewardship of the Ocean, Our Coasts, and the
Great Lakes
On July 19, 2010, the President signed Executive Order 13547
(Order) 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 BOEM actions affect the ocean or
coast, the Order requires BOEM to take such action as necessary to
implement the policy, stewardship principles, and national priority
objectives adopted by the Order, with 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
principles of coastal and marine spatial planning, and coordinate with
the regional planning bodies as established by the National Ocean
Council. BOEM anticipates that continued coordination with the state
Renewable Energy Task Forces will help inform comprehensive coastal and
marine spatial planning efforts. BOEM also anticipates that tools
developed to enhance regional ocean planning efforts, such as the
Northeast Ocean Data Portal, will help inform its leasing processes.
The Northeast Ocean Data Portal was launched in June 2011 and contains
regional spatial data for New England's coasts and ocean waters, and is
available at https://www.northeastoceandata.org/.
Department of the Interior ``Smart From the Start'' Atlantic Wind
Initiative
Secretary Ken Salazar announced the Smart from the Start wind
energy initiative for the Atlantic OCS on November 23, 2010. The key
element of this initiative that relates to commercial wind leasing off
Massachusetts is the identification of a Wind Energy Area (WEA) to be
analyzed in an environmental assessment (EA) for the purpose of
supporting lease issuance and initial on-lease activities. A WEA is a
portion of the Call Area that appears to be suitable for the
consideration of wind energy development based on information
concerning wind energy potential, natural resources, competing uses,
and other relevant issues. BOEM is using the planning notices it
publishes (the December 2010 RFI and this Call), responses to these
notices, and consultation with interested and affected parties through
the BOEM Massachusetts Renewable Energy Task Force, to develop and
designate a WEA on the OCS off Massachusetts. A WEA may be identified
at the Area Identification stage of the planning and leasing process. A
description of BOEM's deliberations to date, which have led to
delineation of the Call Area, is presented in the section of this
notice entitled, ``Development of the Call Area.''
BOEM/Massachusetts Renewable Energy Task Force
BOEM established the BOEM Massachusetts Renewable Energy Task Force
in November 2009 to facilitate coordination among affected Federal
agencies and state, local, and tribal governments throughout the OCS
renewable energy leasing and development process. Task Force meeting
materials are available on the BOEM Web site at https://www.boem.gov/Renewable-Energy-Program/State-Activities/Massachusetts.aspx.
Environmental Review Process
BOEM intends to prepare an 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 the Call Area. BOEM is publishing, concurrently with
this Call, a Notice of Intent (NOI) to prepare an EA, which seeks
public input in identifying the environmental issues and alternatives
to be considered in the EA.
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. The EA
will consider, at a minimum, two alternatives: (1) No action, (i.e. no
issuance of leases or approval of site assessment activities), and (2)
the issuance of leases and approval of site assessment activities
within the Call Area. The NOI solicits input on the environmental
effects associated only with the activities described above. The
environmental effects of the construction or operation of any wind
energy facility would be considered under a separate National
Environmental Policy Act (NEPA) environmental review process.
Several consultations will be conducted concurrently with, and
integrated into, the current NEPA/EA 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, Section 106 of the
National Historic Preservation Act (NHPA), and Executive Order 13175--
``Consultation and Coordination with Tribal Governments.'' The results
of these consultations will assist BOEM in deciding whether and where
leases may be issued.
BOEM intends to conduct review under Section 106 of the NHPA in
coordination with NEPA review and preparation of the EA (36 CFR
800.8(3)(c)). 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, BOEM will conduct consultations
pursuant to Section 106, seeking comment from State Historic
Preservation Officers, local governments, tribal governments, and
organizations and individuals with a demonstrated interest in the Call
Area. Furthermore, as permitted by 36 CFR 800.2(d)(3), BOEM will use
public information sessions as public involvement opportunities in lieu
of the public involvement requirements set forth in Federal regulations
issued pursuant to the NHPA. Finally, pursuant to Executive Order
13175, BOEM has initiated government-to-government tribal consultation
with three Federally-recognized tribes that
[[Page 5823]]
have a demonstrated interest in the Call Area.
Actions Taken by the Commonwealth of Massachusetts in Support of
Offshore Renewable Energy Development
BOEM recognizes the importance of the steps that the Commonwealth
of Massachusetts has taken to encourage environmentally-sound offshore
wind energy development. While a state may promote such development,
BOEM retains the exclusive authority to issue leases, easements, and
rights-of-way on the OCS for renewable energy purposes. The following
information is a summary of the initiatives and actions undertaken by
the Commonwealth of Massachusetts to promote the development of wind
energy on the OCS.
The Commonwealth of Massachusetts has been working proactively to
foster commercial wind development on the OCS off Massachusetts for
several years. The Massachusetts RFI that BOEM issued on December 29,
2010 (75 FR 82055), briefly described several of the Commonwealth's key
initiatives, including formulation of the Massachusetts Ocean
Management Plan. The Massachusetts Ocean Management Plan and related
information are available from the Commonwealth at https://www.mass.gov/eea/mop.
In addition, the Commonwealth of Massachusetts has established a
Fisheries Working Group on Offshore Renewable Energy to discuss issues
and compatibilities between commercial fishing activities and offshore
commercial wind energy development, and a Habitat Working Group on
Offshore Renewable Energy to discuss available ecosystem data and
information within the area under consideration and identify gaps
therein. To inform these discussions, the Commonwealth has collected
and presented spatial information and data for the RFI area regarding
marine mammals, avifauna, bathymetry, surficial geology, commercial
ship traffic, and recreational boating, and made it available at https://www.mass.gov/moris. The Commonwealth has conducted more than 30 public
meetings and stakeholder sessions in Boston, New Bedford, Martha's
Vineyard, and Nantucket to discuss the Federal offshore wind leasing
process. BOEM supports the Commonwealth's efforts in engaging the
public and stakeholders in the planning process for renewable energy
development on the OCS.
BOEM's Planning and Leasing Process
BOEM has been involved in a planning process for renewable energy
on the OCS off the coast of Massachusetts since the establishment of
the BOEM Massachusetts Renewable Energy Task Force in 2009. BOEM
coordinated with the Massachusetts Renewable Energy Task Force on the
development of the December 2010 RFI and this Call. BOEM also
collaborated with the State of Rhode Island and the Commonwealth of
Massachusetts jointly on the development of the Call for the Area of
Mutual Interest (AMI), published in the Federal Register on August 18,
2011, under Docket ID ``BOEM-2011-0049.'' In addition, BOEM
participated in the state-hosted public information sessions with
stakeholders from both states to provide information regarding BOEM's
planning process. Additional information, including presentations and
materials from the public information sessions and the Task Force
meetings, can be found at: https://www.boem.gov/Renewable-Energy-Program/State-Activities/Massachusetts.aspx.
Determination of Competitive Interest
The first step in the leasing process is to determine whether or
not there is any interest in acquiring a lease within the Call Area. At
the same time, BOEM can determine whether there is overlapping interest
in any particular portion of the Call Area that would result in the
need for a competitive process. At the conclusion of the comment period
for this Call, BOEM will review the nominations received, undertake a
completeness review and a qualifications review, and determine whether
competitive interest exists in any specific location within the Call
Area.
If two nominated areas of interest fully or partially overlap, BOEM
may proceed with competitive leasing as described in the section of
this Call entitled ``Competitive Leasing Process.'' For areas where
BOEM determines that there is no competitive interest, BOEM may proceed
with noncompetitive leasing described in the section herein entitled
``Non-Competitive Leasing Process.'' While BOEM anticipates that this
Call would result in multiple nominations for particular areas,
indicating competitive interest exists, it is possible that the
responses to the Call could result in a competitive process, a
noncompetitive process, or partially both. BOEM may consult with the
BOEM Massachusetts Renewable Energy Task Force throughout the leasing
process.
Situations may arise in which several parties nominate areas that
do not overlap. Under these circumstances, BOEM 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. BOEM may consult with the BOEM
Massachusetts Renewable Energy Task Force in determining the need for,
and/or use of, 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, BOEM proceeds with the
competitive leasing process for certain areas, it would follow the
steps required by 30 CFR 585.211 through 585.225:
(1) Area Identification: Based on the information submitted in
response to this Call, BOEM would identify the 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,
and 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 (PSN): If BOEM decides to proceed with
lease issuance in the area, BOEM would first complete the analyses
necessary to inform the issuance of the PSN, including any final NEPA
documentation, the Consistency Determination as required by the CZMA
and its implementing regulations, and various analyses of proposed
lease sale economic terms and conditions. BOEM would then 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, and the proposed auction format, lease
document, and lease
[[Page 5824]]
provisions/stipulations. Additionally, the PSN would describe the
criteria and process for evaluating bids. The comment period following
issuance of a PSN is 60 days.
(3) Final Sale Notice (FSN): If BOEM decides to proceed with lease
issuance after considering comments on the PSN, it would publish the
FSN in the Federal Register at least 30 days before the date of the
lease sale.
(4) Bid Submission and Evaluation: Following publication of the FSN
in the Federal Register, qualified bidders would be able to submit
their bids to BOEM in accordance with procedures specified in the FSN.
The bids, including any required deposits, would be reviewed for
technical and legal adequacy. BOEM would evaluate the bids to determine
if the bidder had complied with all applicable regulations. BOEM always
reserves the right to reject any or all bids and the right to withdraw
an offer to lease an area.
(5) Issuance of a Lease: Following the selection of a winning
bid(s) by BOEM, the submitter(s) would be notified of the decision and
provided a set of official lease documents for execution. The
successful bidder(s) 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 documents.
Upon receipt of the required payments, financial assurance, and
properly executed lease forms, BOEM would issue a lease to the
successful bidder(s).
Noncompetitive Leasing Process
If, after evaluating the responses to this Call, BOEM 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 585.232, as amended by the rulemaking which took effect on June 15,
2011 (76 FR 28178). Should BOEM decide to proceed with the
noncompetitive leasing process, it would ask if the sole respondent who
nominated a particular area wants to proceed with acquiring the lease,
and if so, the respondent must submit an acquisition fee as specified
by 30 CFR 585.502(a). After receiving the acquisition fee, BOEM would
follow the process outlined in 30 CFR 585.231. 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 585.231(d)(2)(i).
BOEM will comply with the requirements of NEPA, CZMA, ESA, NHPA,
and other applicable Federal statutes before issuing a lease
noncompetitively. BOEM would coordinate and consult, as appropriate,
with relevant Federal agencies, affected tribes, and 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 for such a lease.
It is possible that responses to this Call may result in a
determination that there is competitive interest in acquiring leases in
some areas but not in others. BOEM will announce publicly its
determinations before proceeding with any type of leasing process.
Description of the Call Area
The Call Area is located off the coast of Massachusetts, beginning
approximately 12 nautical miles (nmi) south of Martha's Vineyard and 13
nmi southwest of Nantucket. From its northern boundary, the Call Area
extends 33 nmi southward to the 60 meter depth contour and has an east/
west extent of approximately 47 nmi. The Call Area is approximately
826,241 acres or 975 square nmi in size and contains 132 whole OCS
lease blocks as well as 19 partial blocks.
The following full OCS lease blocks are included within the Call
Area:
In Providence NK19-07: 6976, 6977, 6978, 7022, 7023, 7024, 7025,
7026, 7027, 7028, 7029, 7072, 7073, 7074, 7075, 7076, 7077, 7078,
7079, 7118, 7119, 7120, 7121, 7122, 7123, 7124, 7125, 7126, 7127,
7128, 7129;
In Block Island Shelf NK19-10: 6019, 6020, 6021, 6022, 6023,
6024, 6025, 6026, 6027, 6028, 6029, 6030, 6069, 6070, 6071, 6072,
6073, 6074, 6075, 6076, 6077, 6078, 6079, 6080, 6081, 6082, 6083,
6084, 6125, 6126, 6127, 6128, 6129, 6130, 6131, 6132, 6133, 6134,
6175, 6176, 6177, 6178, 6179, 6180, 6181, 6182, 6183, 6184, 6225,
6226, 6227, 6228, 6229, 6230, 6231, 6232, 6233, 6234, 6275, 6276,
6277, 6278, 6279, 6280, 6281, 6282, 6283, 6284, 6325, 6326, 6327,
6328, 6329, 6330, 6331, 6332, 6333, 6334, 6376, 6377, 6378, 6379,
6380, 6381, 6382, 6383, 6384; and
In Hydrographer Canyon NK19-11: 6051, 6052, 6101, 6102, 6151,
6152, 6201, 6202, 6251, 6252, 6301, 6302, 6351, 6352.
Parts of the following OCS lease blocks are included within the
Call Area as listed in the following table:
List of Partial OCS Blocks in the Call Area
----------------------------------------------------------------------------------------------------------------
Protraction name Protraction No. Block No. Sub block
----------------------------------------------------------------------------------------------------------------
Providence.................... NK19-07.......... 6972 M,N,O,P.
Providence.................... NK19-07.......... 6973 M,N,O,P.
Providence.................... NK19-07.......... 6974 L,M,N,O,P.
Providence.................... NK19-07.......... 6975 D,F,G,H,I,J,K,L,M,N,O,P.
Block Island Shelf............ NK19-10.......... 6119 A,B,C,D,E,F,G,H,I,J,K,L,M,N,O.
Block Island Shelf............ NK19-10.......... 6120 A,B,C,D,E,F,G,H,I,J,K,L.
Block Island Shelf............ NK19-10.......... 6121 A,B,C,D,E,F,G,H,I,J,K,L.
Block Island Shelf............ NK19-10.......... 6122 A,B,C,D,E,F,G,H,I,J,K,L.
Block Island Shelf............ NK19-10.......... 6123 A,B,C,D,E,F,G,H,I,J,K,L.
Block Island Shelf............ NK19-10.......... 6124 A,B,C,D,E,F,G,H,I,J,K,L,N,O,P.
Block Island Shelf............ NK19-10.......... 6169 A,B,C,E,F,G,I,J,K,M,N,O.
Block Island Shelf............ NK19-10.......... 6174 B,C,D,F,G,H,J,K,L,N,O,P.
Block Island Shelf............ NK19-10.......... 6219 A,B,C,E,F,G,I,J,K,M,N,O.
Block Island Shelf............ NK19-10.......... 6224 B,C,D,F,G,H,J,K,L,N,O,P.
Block Island Shelf............ NK19-10.......... 6269 A,B,C,E,F,G,I,J,K,M,N,O.
Block Island Shelf............ NK19-10.......... 6428 A,B,C,D,E,F,G,H,I,J,K,L.
Block Island Shelf............ NK19-10.......... 6429 A,B,C,D,E,F,G,H,I,J,K,L.
Block Island Shelf............ NK19-10.......... 6430 A,B,C,D,E,F,G,H,I,J,K,L.
Block Island Shelf............ NK19-10.......... 6431 A,B,C,D,E,F,G,H,I,J,K.
----------------------------------------------------------------------------------------------------------------
[[Page 5825]]
The boundary of the Call Area follows the points listed in the
table below in clockwise order. Point numbers 1 and 31 are the same.
Coordinates are provided in X, Y (eastings, northings) UTM Zone 19N,
NAD 83 and geographic (longitude, latitude), NAD83.
Massachusetts Call Area Boundary
----------------------------------------------------------------------------------------------------------------
Point No. X (easting) Y (northing) Longitude Latitude
----------------------------------------------------------------------------------------------------------------
1................................... 364400 4555200 -70.615653 41.136789
2................................... 380000 4555200 -70.429840 41.139245
3................................... 380000 4550400 -70.428902 41.096020
4................................... 384800 4550400 -70.371762 41.096715
5................................... 384800 4531200 -70.368180 40.923806
6................................... 413600 4531200 -70.026196 40.927357
7................................... 413600 4497600 -70.021549 40.624717
8................................... 389600 4497600 -70.305250 40.621859
9................................... 389600 4495200 -70.304830 40.600243
10.................................. 388400 4495200 -70.319009 40.600082
11.................................. 388400 4494000 -70.318797 40.589275
12.................................. 370400 4494000 -70.531439 40.586651
13.................................. 370400 4497600 -70.532179 40.619071
14.................................. 360800 4497600 -70.645631 40.617510
15.................................. 360800 4502400 -70.646693 40.660734
16.................................. 356000 4502400 -70.703452 40.659911
17.................................. 356000 4512000 -70.705656 40.746356
18.................................. 352400 4512000 -70.748279 40.745718
19.................................. 352400 4522800 -70.750833 40.842965
20.................................. 330800 4522800 -71.006912 40.838793
21.................................. 330800 4507200 -71.002689 40.698345
22.................................. 327200 4507200 -71.045274 40.697598
23.................................. 327200 4540800 -71.054600 41.000088
24.................................. 346400 4540800 -70.826429 41.003931
25.................................. 346400 4551600 -70.829121 41.101169
26.................................. 359600 4551600 -70.671998 41.103557
27.................................. 359600 4552800 -70.672272 41.114362
28.................................. 362000 4552800 -70.643698 41.114774
29.................................. 362000 4554000 -70.643967 41.125579
30.................................. 364400 4554000 -70.615387 41.125983
31.................................. 364400 4555200 -70.615653 41.136789
----------------------------------------------------------------------------------------------------------------
Map of the Call Area
A map of the Call Area is available at the following URL: https://www.boem.gov/Renewable-Energy-Program/State-Activities/Massachusetts.aspx. A large scale map of the Call Area showing its
boundaries, and with numbered blocks, is available from BOEM at the
following address: Bureau of Ocean Energy Management, Office of
Renewable Energy Programs, 381 Elden Street, HM 1328, Herndon, Virginia
20170, Phone: (703) 787-1320, Fax: (703) 787-1708.
Development of the Call Area
The Call Area was identified by BOEM after consideration of the
comments received in response to the December 2010 RFI, which are
described below, and further delineated in consultation with the BOEM
Massachusetts Renewable Energy Task Force. Specific mitigation,
stipulations, or exclusion areas may be developed as a result of: (1)
Consultations with appropriate Federal, state, and local agencies, and
Indian Tribes, (2) comments and information received in response to
this Call, (3) continued coordination with the BOEM Massachusetts
Renewable Energy Task Force, and (4) the EA for which BOEM is
concurrently publishing a NOI in the Federal Register.
Responses to the December 2010 RFI
BOEM received a total of 11 expressions of interest from 10
individual entities in response to the December 2010 RFI. A table
showing the interested parties and the OCS blocks nominated for leasing
is available at the following link: https://www.boemre.gov/offshore/RenewableEnergy/PDFs/stateactivities/MA/CommercialIndicationsofInterest4-22-11.pdf.
BOEM also received 247 comments from members of the public as well
as state and Federal agencies. The comments received in response to the
December 2010 RFI are available at the following link: https://www.boem.gov/Renewable-Energy-Program/State-Activities/Massachusetts.aspx.
BOEM will continue to consider all comments submitted in response
to the RFI throughout the leasing process. In particular, the comments
submitted in response to the RFI related to commercial wind energy
leasing and site assessment activities and site characterization
surveys will be analyzed in the EA (refer to the concurrently published
NOI). The comments submitted in response to the RFI related to
commercial wind energy development (e.g. construction, operation,
decommissioning) will be considered in the NEPA analysis that will be
conducted when these development activities are subject to a BOEM
decision. A brief summary of the comments is provided below.
The comments that BOEM received ranged over a variety of topics in
addition to general support or opposition, including avian resources,
coastal and marine spatial planning (CMSP), community-owned projects,
fishing activities and fishery resources, historic properties and
national natural landmarks, marine mammal resources, the NEPA process,
shipping and navigation, tribal resources, viewshed, and the Cape Wind
Energy Project. Many commenters--including the Nature Conservancy,
National Oceanic and Atmospheric Administration (NOAA), National Marine
Fisheries Service (NMFS), and the Sierra Club--submitted maps showing
information related to particular resources overlapping with the RFI
area. The comments received by BOEM are
[[Page 5826]]
available at the following link: https://www.boem.gov/Renewable-Energy-Program/State-Activities/Massachusetts.aspx.
Avian resources
Comments regarding the potential impact of offshore commercial wind
energy development to avian species were received from The Humane
Society of the United States, Massachusetts (Mass) Audubon Society, and
the National Wildlife Federation. The Humane Society recommended a
requirement for multiple years of pre-construction monitoring. Mass
Audubon Society noted that the RFI area includes two species of
concern: Long tailed ducks and roseate terns. Mass Audubon recommended
multi-year studies on these species' individual movements using radio
or satellite transmitters and aerial and boat surveys to identify the
potential risk to the endangered roseate tern and the state-listed
common tern from any wind energy development in the Muskeget Shoals
area. Mass Audubon identified an area offshore Massachusetts that
appears to overlap with the RFI area that has been identified as
globally significant habitat for long tailed ducks and indicated that
data collected from 1997 to 2011 demonstrate that approximately 30
percent of the global breeding population of long tailed ducks
completes a daily commute from Nantucket Sound to forage on high
concentrations of pelagic amphipods in the waters immediately west of
Nantucket Shoals.
Coastal and Marine Spatial Planning (CMSP)
Comments related to CMSP were received from Alliance to Protect
Nantucket Sound, Conservation Law Foundation, Environmental
Entrepreneurs, Fishing Vessel Holly and Abby, Martha's Vineyard
Commission, National Marine Fisheries Service, New England Fishery
Management Council, Oceans Public Trust Initiative, Sandy Hook Pilots,
Sierra Club, and individual citizens. Comments included concerns that
the process used to identify the RFI would circumvent the CMSP process.
Recommendations requested that BOEM use the principles of the National
Ocean Policy, particularly CMSP, prior to the siting of wind facilities
offshore Massachusetts. The Sierra Club recommended that BOEM
coordinate its CMSP efforts with existing plans and policies and with
the CMSP activities of the Northeast Regional Ocean Council.
Community-Owned Projects
BOEM received comments related to community-owned projects from the
Commonwealth of Massachusetts, State Representative Timothy Madden,
Martha's Vineyard Commission, Town of Oak Bluffs, members of the
Vineyard Power Cooperative, and individual citizens. BOEM received many
comments that requested BOEM to give priority to applications that
include a community-owned component, reduce the financial and technical
qualification requirements for community-owned projects that express
interest in the RFI area, and set aside specific blocks for community-
owned development within the RFI area. The Martha's Vineyard Commission
recommended that BOEM involve affected communities early in the process
and establish a fund to assist with mitigation of effects on local
communities, and that developers should be encouraged to work with
local communities to facilitate construction of community-owned wind
projects.
Fishing Activities and Fishery Resources
Comments related to fishing activities and fishery resources were
received from the American Alliance of Fishermen, Atlantic Capes
Fisheries, City of New Bedford Mayor Scott Lang, Commonwealth of
Massachusetts, Conservation Law Foundation, David Frulla, Kelly Drye &
Warren LLP, Fishing Vessel Holly and Abby, GAO Associates, Hunter
Scalloping Company, Martha's Vineyard Commission, National Wildlife
Federation, New England Fishery Management Council, NMFS, The Nature
Conservancy, Sierra Club, and individual citizens. Comments included
concerns about insufficient outreach to fishermen and concerns related
to potential impacts to the commercial fishing industry from commercial
wind energy development of the RFI area. The American Alliance of
Fishermen, City of New Bedford Mayor Scott Lang, and the Commonwealth
of Massachusetts requested that extensive studies be conducted of
stocks west of the 70[deg] longitude line and that OCS blocks within
the RFI area east of the 70[deg] longitude line be excluded from
further consideration in order to protect valuable fisheries resources.
BOEM has already acted on the latter request, thus reducing the size of
the Call Area from that of the originally-proposed RFI area. The Nature
Conservancy submitted information from the Northwest Atlantic Marine
Ecoregional Assessment, including maps that show information related to
average pounds of catch of certain fish species (cod, yellowtail
flounder, winter flounder, sea scallop, etc.) overlapping the RFI area.
NMFS identified designated essential fish habitat (EFH) for
multiple species within the RFI area for a range of federally managed
species. NMFS indicated that complex benthic substrates vulnerable to
disturbances are located within the RFI area, and included maps of
certain ecologically important factors within the RFI area. NMFS noted
that specific proposals within the RFI area must include an expanded
EFH assessment under the federal review process. NMFS indicated there
are many critical resources in the RFI area, including habitat for
endangered species and federally managed fishing resources, and
included information as to locations of critical habitat as well as
fishery management areas such as the Nantucket Lightship Closed Access
Area and the Nantucket Lightship Habitat Closure Area. NMFS also
described fishery activities and associated fishery resources within
the RFI area, and included maps of specific fishing activity for the
RFI area using Vessel Trip Report data for five types of fishing
activities from 2006-2012. The New England Fishery Management Council
identified active fishing grounds for species within the RFI area and
recommended BOEM obtain information on species distribution, fishing
effort, and revenues from NMFS. The New England Fishery Management
Council also noted the RFI area encompasses EFH for a broad range of
federally managed species, and requested that projects in the area and
their accompanying NEPA documents include an expanded EFH impact
assessment.
The American Alliance of Fishermen requested that BOEM conduct
additional studies on tuna and swordfish, and fishery stocks that have
not been reported on, such as squid, winter flounder, lobster, scup,
whiting, black sea bass, skates and dogfish. The Sierra Club
recommended that BOEM consider the relationship of the RFI area to the
EFH Omnibus Amendment process underway by the New England Fishery
Management Council. David Frulla, Kelley Drye & Warren LLP, on behalf
of the Fisheries Survival Fund, suggested that BOEM use the following
sources of information when identifying fishing grounds: Vessel
Monitoring System data, Vessel Trip Reports, Swept Area Seafloor Impact
Model (to identify fishing impacts on essential fish habitats), and
Scallop Survey Data. Comments also included concerns
[[Page 5827]]
regarding commercial wind energy development and interference with
vessel radar systems, and exclusions by fishing vessel insurance
companies.
The Martha's Vineyard Commission expressed support for the
Commonwealth's Fisheries Working Group on Offshore Renewable Energy and
recommended extensive mapping of fishing and fish resource areas. The
Martha's Vineyard Commission also recommended that developers work with
the fishing community to implement practices that minimize the impact
on fishing, such as assistance with increased insurance costs and
coordination of cable-laying. Atlantic Capes Fisheries recommended
areas rich in scallops and other fisheries such as the Nantucket
Lightship Area and the eastern area of the RFI be removed from leasing
consideration and that areas the New England Fishery Management Council
would make permanent closures for habitat be considered as preferred
and initial leasing targets provided that other major environmental
resources are not compromised.
National Natural Landmarks
BOEM received comments from the National Park Service regarding two
designated National Natural Landmarks that are located in proximity to
the RFI area: Gay Head Cliffs, located at the southwest end of Martha's
Vineyard and Muskeget Island, located off the western tip of Nantucket.
The National Park Service noted that Federal agencies should consider
the existence and location of designated National Natural Landmarks in
assessing the effects of their activities on the environment under
section 102(2)(c) of NEPA (42 U.S.C. 4321). The National Park Service
recommended consideration of the status of Gay Head Cliffs and Muskeget
Island as registered National Natural Landmarks in evaluating the
probable impact of the proposed activity on the public interest. The
National Park Service noted that increased erosion impacts to the
cliffs, changes to sediment transport, and impacts to grey seal
breeding areas (Muskeget being considered one of the southernmost
breeding areas) are of particular concern.
Marine Mammal Resources
BOEM received comments related to marine mammal resources from the
Commonwealth of Massachusetts, The Humane Society of the United States,
Marine Mammal Commission, National Wildlife Federation, NMFS, The
Nature Conservancy, Sierra Club, Whale and Dolphin Conservation
Society, and individual citizens. Comments included concerns that
insufficient baseline data is currently available about marine mammals
or their habitats and recommendations to initiate monitoring and
baseline studies to acquire additional information. Comments also
indicated that many species of marine mammals have been sighted within
the RFI area, including harbor porpoises and endangered North Atlantic
right whales. The Nature Conservancy submitted information from the
Northwest Atlantic Marine Ecoregional Assessment, including maps that
show information related to important marine mammal areas overlapping
the RFI area.
The Humane Society of the United States expressed reservations
regarding the data provided on the Massachusetts Ocean Management Plan
Web site, and stated that monitoring should be required immediately
using aerial and vessel-based surveys and passive acoustic monitoring.
The Humane Society of the United States also expressed concern
regarding the changes to migration patterns and potential for increased
vessel collisions. NMFS indicated several species of marine mammals are
common residents or occasional visitors to the RFI area, included
locations of critical habitat for several species, and noted the
consultation requirements for Section 7(a)(2) of the ESA, and the
similar requirements of the Marine Mammal Protection Act. The Marine
Mammal Commission requested that BOEM consult with NMFS, U.S. Fish and
Wildlife Service, the Marine Mammal Commission, and the Army Corps of
Engineers to develop a set of standards for the collection of baseline
information on marine mammals and their environment, and identify and
address any significant data gaps, before initiating the leasing
process for renewable energy operations. The Marine Mammal Commission
also expressed concerns regarding vessel collisions with marine
mammals, marine mammal collisions with turbines, toxic chemical spills
from turbines, and the unknown effects of electromagnetic fields.
NEPA Process
BOEM received comments from the Alliance to Protect Nantucket
Sound, Defenders of Wildlife, Environmental Entrepreneurs, Marine
Mammal Commission, and Oceans Public Trust Initiative, about the NEPA
process. The Alliance to Protect Nantucket Sound, Defenders of
Wildlife, Marine Mammal Commission, and Oceans Public Trust Initiative
recommended that DOI develop an Environmental Impact Statement rather
than an EA at the leasing stage.
The Environmental Entrepreneurs supported the ``Smart from the
Start'' initiative to streamline the process and requested that BOEM
incorporate the Offshore Wind Development Coalition's principles for
offshore wind leasing into the initiative to make it easier for wind
developers to obtain preliminary, exclusive leases for site exploration
while still ensuring that there will be full environmental review when
an actual project is proposed.
Shipping and Navigation
BOEM received comments related to shipping and navigation from the
U.S. Coast Guard First District, American Association of Port
Authorities, The American Waterways Operators, Sandy Hook Pilots, Port
Authority of New York and New Jersey, Commonwealth of Massachusetts,
and individual citizens. Comments focused on concerns regarding
commercial wind energy development overlapping or in proximity to
existing Traffic Separation Schemes (TSS). The U.S. Coast Guard First
District suggested that OCS blocks overlapping with and in proximity to
the Boston and Nantucket to Ambrose TSS be highlighted for possible
exclusion or imposition of mitigation measures. The U.S. Coast Guard
First District also suggested that historical Automated Identification
System (AIS) data be used to determine vessel traffic density,
recommended that the consequences of funneling traffic into the traffic
lane or closer to shore be identified, and suggested a study of
potential impacts of offshore wind energy development on the U.S. Coast
Guard's ability to conduct search and rescue missions.
The American Waterways Operators expressed concerns related to the
placement of wind turbines and impacts to navigation and operation
safety, and suggested that BOEM exclude areas for wind development that
are within at least 800 meters from a TSS. BOEM has already excluded,
in consultation with the U.S. Coast Guard, aliquot parts of OCS blocks
within 1 nmi of the TSS from the Call Area. The American Waterways
Operators expressed support for BOEM's use of AIS to identify vessel
traffic patterns, and requested BOEM consult with maritime industry
stakeholders as part of the NEPA scoping process. The American
Association of Port Authorities recommends that future RFIs exclude
areas near a TSS before the official release of the RFI, and recommends
that BOEM use U.S. Coast Guard personnel
[[Page 5828]]
and resources to analyze the AIS data and provide recommendations.
Tribal Resources
BOEM received comments from the Martha's Vineyard Commission,
National Wildlife Federation, and the Town of Oak Bluffs regarding
tribal resources. The Martha's Vineyard Commission recommended that
BOEM involve tribal representatives in all stages and aspects of the
process of planning, research, project selection, and project design.
The Town of Oak Bluffs expressed support for the Wampanoag Tribe of
Gayhead's (Aquinnah) request that any project less than 21 miles
offshore should be reviewed with particular sensitivity to tribal
concerns and historic scenic views.
Viewshed
BOEM received comments from the Martha's Vineyard Commission,
National Wildlife Federation, and the Town of Oak Bluffs related to
viewshed concerns. The Martha's Vineyard Commission requested that BOEM
should work to mitigate any impacts to scenic views through siting and
turbine configuration. The Town of Oak Bluffs expressed concern about
the effects of the RFI on historic and scenic viewscapes. The National
Wildlife Federation recommended that the Federal Government fully
pursue its government-to-government consultation obligation by reaching
out directly to tribes and ensure that the appropriate tribal officials
and tribal staff have been fully consulted, involving more than an
official letter of notice, and including every possible communication
method (letter, email, phone, and face-to-face meetings). The National
Wildlife Federation also recommended the Federal Government fully
address and pursue measures to minimize and fully mitigate impacts to
tribal cultural, wildlife, water and other natural resources, with the
ultimate objective of having no impact on those resources or
traditional properties.
The Cape Wind Energy Project
BOEM received comments from the Alliance to Protect Nantucket
Sound, Oceans Public Trust Initiative, and individual citizens
expressing concerns regarding the Cape Wind Energy Project. Comments
included general opposition to the Cape Wind Energy Project and stated
that BOEM should consider the RFI area as an alternative site to the
Cape Wind Energy Project. The Alliance to Protect Nantucket Sound and
Oceans Public Trust Initiative expressed that the RFI area demonstrates
that there are alternative locations to Cape Wind's location in
Nantucket Sound. The Oceans Public Trust Initiative suggested that DOI
disapprove the Cape Wind project.
Additional Task Force Membership Comments
Issues discussed through consultation with the BOEM/Massachusetts
Renewable Energy Task Force, and areas where site-specific stipulations
may be required are described below. NMFS noted that the Call Area
overlaps with the Nantucket Lightship Groundfish Closed Area, and also
noted the New England Fishery Management Council (NEFMC) is considering
a range of new possible habitat closed area alternatives because of
habitat vulnerability within proximity to the Call Area, such as Cox
Ledge and Nantucket Shoals. NMFS provided in its comment the following
references for detailed information regarding areas that are actively
managed by NMFS: https://www.nero.noaa.gov/nero/fishermen/charts.html
and https://www.nero.noaa.gov/nero/regs/info.html. NMFS noted this
information is important for developers when considering proposed cable
routes as well as potential for interactions with fishing activities
displaced from these closed areas. Concerning cables, NMFS further
identified the need for BOEM to proactively develop cable corridors in
order to minimize the cumulative impact of multiple cables from sites
within a Wind Energy Area to shore. BOEM has requested information
regarding potential cable configurations and consolidations from
nominators that submit a response to this Call (refer to the section
entitled ``Required Nomination Information''), and will consider the
information it receives in response to the Call as it moves forward
with the leasing and planning process and in the EA.
NMFS made recommendations concerning several other aspects of
potential OCS development. NMFS recommended that information generated
by lessees through site assessment and leasing activities be made
public and used to populate the National Ocean Council's ``National
Information Management System,'' and/or regional data portals. The
Northeast Regional Ocean Council (NROC) has been working with a
partnership of government agencies, non-government organizations, and
academic entities to develop a Northeast Ocean Data Portal, which can
be accessed at: https://northeastoceandata.org/. NMFS also recommended
the Call acknowledge the issue of climate change and the anticipated
shift in fishery resource populations as well as shifts in fishing
activities. NMFS also recommended that BOEM require coordinated
fisheries studies once leases have been issued to ensure a consistent
fishery research methodology throughout the area and minimize
duplicative costs to developers.
Department of Defense (DoD) Activities
The DoD conducts offshore testing, training, and operations on the
OCS. BOEM will consult with the DoD about all areas nominated for
leasing to ensure that any future development can be compatible with
defense activities on the OCS.
BOEM Approach to Exclusion Requests
Several comments received by BOEM in response to the RFI 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 of
the OCS within the Call Area is not a decision to lease that area. The
Call solicits information from all interested and affected parties that
BOEM can use in identifying portions of the Call Area where interest
exists and which will be subject to environmental analysis and
stakeholder consultation. The information the Call seeks relates to
both renewable energy development interest and to other resources
within, and current uses of, the Call Area. After considering the
information it receives in response to the Call, BOEM 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 being published concurrently with this notice. Generally,
BOEM's approach is to first analyze the entire Call Area thoroughly
with the goal of eliminating or reducing to an acceptable level any
potential resource and use conflicts. However, if BOEM concludes that
such conflicts cannot be properly mitigated, exclusions may be
necessary. BOEM intends to make fully-informed decisions on exclusions
at the appropriate time in the lease planning process.
Task force members and comments received in response to the RFI
have both identified competing uses within the Call Area. BOEM hereby
highlights in the Call two such uses: (1) Vessel traffic and (2)
commercial fishing, and requests specific data and information relevant
to these uses, which will be used to inform its subsequent decisions.
[[Page 5829]]
BOEM will consider the information received from interested developers,
maritime interests, commercial fishers, and others concerning these
uses in reaching an Area Identification and in planning the ensuing
NEPA analysis. It is possible that certain geographic areas and/or
associated mitigation measures could be framed as alternatives in the
NEPA analysis to enable thorough and conclusive consideration by BOEM
in its decisionmaking.
Required Nomination Information
If you intend to submit a nomination for a commercial wind energy
lease within the Call Area, you must provide the following:
(1) The BOEM Protraction name, number, and specific whole or
partial OCS blocks or sub-blocks within the Call Area that are of
interest to you 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 a 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, 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 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 Call
Area, 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 viewsheds,
historic, cultural, and/or tribal 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.) occurring,
or expected to occur, both within, and within proximity to, your
proposed area;
(8) Documentation demonstrating that you are qualified to hold a
lease as set forth in 30 CFR 585.106 and 107. Examples of documentation
appropriate for demonstrating your legal qualifications can be found in
Chapter 2 and Appendix B of the BOEM 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 a 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: