Commercial Renewable Energy Transmission on the Outer Continental Shelf (OCS) Offshore Rhode Island, Notice of Proposed Grant Area and Request for Competitive Interest (RFCI) in the Area of the Deepwater Wind Block Island Transmission System Proposal, 30551-30555 [2012-12485]
Download as PDF
<![CDATA[
Federal Register / Vol. 77, No. 100 / Wednesday, May 23, 2012 / Notices
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–8339
to contact the above individual during
normal business hours. The FIRS is
available 24 hours a day, 7 days a week,
to leave a message or question with the
above individual. You will receive a
reply during normal business hours.
Scott Haight,
District Manager, Western Montana District.
[FR Doc. 2012–12461 Filed 5–22–12; 8:45 am]
BILLING CODE 4310–DN–P
DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
[Docket No. BOEM–2012–0009]
Commercial Renewable Energy
Transmission on the Outer Continental
Shelf (OCS) Offshore Rhode Island,
Notice of Proposed Grant Area and
Request for Competitive Interest
(RFCI) in the Area of the Deepwater
Wind Block Island Transmission
System Proposal
Bureau of Ocean Energy
Management, Department of the
Interior.
ACTION: Public Notice of an Unsolicited
Request for a Transmission Cable Rightof-Way Grant Supporting Renewable
Energy, Request for Submission of
Indications of Competitive Interest, and
Request for Public Comment.
AGENCY:
The purpose of this public
notice is to: (1) Describe the Deepwater
Wind Block Island LLC (Deepwater
Wind) Transmission System (BITS)
proposal submitted to the Bureau of
Ocean Energy Management (BOEM); (2)
solicit submissions of indications of
competitive interest for a right-of-way
(ROW) grant for renewable energy
purposes for the area identified in this
notice; and (3) solicit public input
regarding the proposal, its potential
environmental consequences, and other
uses of the area in which the proposal
would be located.
On November 30, 2011, BOEM
received an application from Deepwater
Wind for a ROW grant on the OCS
offshore Rhode Island. Deepwater
Wind’s proposed project, the BITS,
would entail the construction and
installation of a bi-directional
submerged transmission cable between
Block Island and the Rhode Island
mainland. Deepwater Wind has
requested a ROW grant for the portion
of the BITS cable that is proposed on the
OCS. Deepwater Wind proposes that the
BITS would serve two purposes: (1)
Transmit electrical power from
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
17:00 May 22, 2012
Jkt 226001
Deepwater Wind’s proposed 30
megawatt (MW) offshore wind energy
project located in Rhode Island State
waters off Block Island to the Rhode
Island mainland; and (2) transmit
electrical power from the existing
transmission grid on the Rhode Island
mainland to Block Island.
This RFCI is published pursuant to
subsection 8(p)(3) of the OCS Lands Act,
as amended by section 388 of the Energy
Policy Act of 2005 (EPAct) (43 U.S.C.
1337(p)(3)), and the implementing
regulations at 30 CFR part 585.
Subsection 8(p)(3) of the OCS Lands Act
requires that OCS renewable energy
leases, easements, and rights-of-way be
issued ‘‘on a competitive basis unless
the Secretary determines after public
notice of a lease, easement, or right-ofway that there is no competitive
interest.’’ This RFCI provides such
public notice for the proposed ROW
grant area requested by Deepwater Wind
and invites the submission of
indications of competitive interest.
BOEM will consider the responses to
this public notice to determine whether
competitive interest exists for the area
requested by Deepwater Wind, as
required by 43 U.S.C. 1337(p)(3). Parties
wishing to obtain a grant for the area
requested by Deepwater Wind should
submit detailed and specific
information as described in the section
entitled, ‘‘Required Indication of
Interest Information.’’ This
announcement also requests that
interested and affected parties comment
and provide information about site
conditions and existing and future uses
of the area identified in this notice that
would be relevant to the proposed
project or its impacts. The information
that BOEM is requesting is described in
the section entitled, ‘‘Requested
Information from Interested or Affected
Parties.’’
DATES: If you are submitting an
indication of interest in acquiring a
ROW grant for the area requested by
Deepwater Wind, your submission must
be sent by mail, postmarked no later
than June 22, 2012 for your submission
to be considered. If you are providing
comments or other submissions of
information, you may send them by
mail, postmarked by this same date, or
you may submit them through the
Federal Rulemaking Portal at https://
www.regulations.gov, also by this same
date.
Submission Procedures: If you are
submitting an indication of competitive
interest for a ROW grant, please submit
it by mail to the following address:
Bureau of Ocean Energy Management,
Office of Renewable Energy Programs,
PO 00000
Frm 00055
Fmt 4703
Sfmt 4703
30551
381 Elden Street, HM 1328, Herndon,
Virginia 20170. Submissions must be
postmarked by June 22, 2012 to be
considered by BOEM for the purposes of
determining competitive interest. In
addition to a paper copy of your
submission, include an electronic copy
on a compact disc. BOEM will list the
parties that submit indications of
competitive interest in the area
requested by Deepwater Wind on the
BOEM Web site after the 30-day
comment period has closed.
If you are submitting comments and
other information concerning the
proposed grant area, you may use either
of the following two methods:
1. Federal eRulemaking Portal: https://
www.regulations.gov. In the entry titled
‘‘Enter Keyword or ID,’’ enter BOEM–
2012–0009, and then click ‘‘search.’’
Follow the instructions to submit public
comments and view supporting and
related materials available for this
notice.
2. Alternatively, comments may be
submitted by mail to the following
address: Bureau of Ocean Energy
Management, Office of Renewable
Energy Programs, 381 Elden Street, HM
1328, Herndon, Virginia 20170.
If you wish to protect the
confidentiality of your submissions or
comments, clearly mark the relevant
sections and request that BOEM treat
them as confidential. Please label
privileged or confidential information
‘‘Contains Confidential Information’’
and consider submitting such
information as a separate attachment.
Treatment of confidential information is
addressed in the section of this notice
entitled, ‘‘Privileged or Confidential
Information.’’ BOEM will post all
comments on regulations.gov unless
labeled as confidential. Information that
is not labeled as privileged or
confidential will be regarded by BOEM
as suitable for public release.
FOR FURTHER INFORMATION CONTACT: Ms.
Jessica Bradley, Project Coordinator,
BOEM, Office of Renewable Energy
Programs, 381 Elden Street, HM 1328,
Herndon, Virginia 20170, (703) 787–
1300.
SUPPLEMENTARY INFORMATION:
Purpose of the RFCI
Responses to this public notice will
allow BOEM to determine, pursuant to
30 CFR 585.306, whether or not there is
competitive interest in acquiring the
ROW area requested by Deepwater
Wind as described in this notice. In
addition, this notice provides an
opportunity for interested stakeholders
to provide comments on the Deepwater
E:\FR\FM\23MYN1.SGM
23MYN1
30552
Federal Register / Vol. 77, No. 100 / Wednesday, May 23, 2012 / Notices
Wind ROW request, including
information relating to potential
environmental consequences.
If, in response to this notice, BOEM
receives one or more indications of
competitive interest for offshore
transmission development from
qualified entities that wish to compete
for the proposed BITS ROW grant area,
it may decide to move forward with the
ROW grant issuance process using
competitive procedures pursuant to 30
CFR Part 585. However, if BOEM
receives no qualified competing
indications of interest, BOEM may
decide to move forward with the ROW
grant issuance process using the
noncompetitive procedures contained in
30 CFR Part 585. Should BOEM decide
to issue a ROW grant in the area,
whether competitively or noncompetitively, it may provide the public
with additional opportunities to
comment.
Background
Energy Policy Act of 2005 (EPAct)
The EPAct amended the OCS Lands
Act by adding subsection 8(p), which
authorizes the Secretary of the Interior
to grant leases, easements, and ROWs on
the OCS for activities that are not
otherwise authorized by law and that
produce or support production,
transportation, or transmission of energy
from sources other than oil or gas. The
EPAct also required the issuance of
regulations to carry out the new
authority pertaining to renewable
energy on the OCS. The Secretary
delegated this authority to issue leases,
easements, and ROWs, and to
promulgate regulations, to the Director
of BOEM. On April 29, 2009, BOEM
promulgated renewable energy
regulations, at 30 CFR Part 585, which
can be found at: https://www.boem.gov/
uploadedFiles/
FinalRenewableEnergyRule.pdf.
mstockstill on DSK4VPTVN1PROD with NOTICES
Executive Order 13547: Stewardship of
the Ocean, Our Coasts, and the Great
Lakes
In July 2010, the President signed an
Executive Order (EO) establishing the
National Ocean Council. The EO
establishes a comprehensive, integrated
national policy for the stewardship of
the oceans, our coasts and the Great
Lakes. Where BOEM actions affect the
ocean, the EO requires BOEM to take
such action as necessary to implement
this policy, the stewardship principles
and national priority objectives adopted
by the EO, and guidance from the
National Ocean Council.
BOEM appreciates the importance of
coordinating its planning endeavors
VerDate Mar<15>2010
17:00 May 22, 2012
Jkt 226001
with other OCS users and regulators and
intends to follow the ecosystem-based
management principles of coastal and
marine spatial planning, and coordinate
with the regional planning bodies as
established by the National Ocean
Council to inform its leasing processes.
BOEM anticipates that continued
coordination with the BOEM State
Renewable Energy Intergovernmental
Task Forces will help inform
comprehensive coastal and marine
spatial planning efforts.
BOEM Rhode Island Renewable Energy
Intergovernmental Task Force
BOEM established the BOEM Rhode
Island Renewable Energy
Intergovernmental Task Force (Task
Force) in November 2009, at the request
of the Governor, to facilitate
coordination among affected Federal
agencies and state, local, and tribal
governments relating to renewable
energy development on the OCS
offshore Rhode Island. BOEM has
coordinated with the Task Force on
potential commercial wind energy
development within an Area of Mutual
Interest established through a July 2010
Memorandum of Understanding
between the Governors of Rhode Island
and Massachusetts. BOEM coordination
efforts to date with the Task Force and
meeting materials are available on the
BOEM Web site at: https://
www.boem.gov/Renewable-EnergyProgram/State-Activities/RhodeIsland.aspx.
Determination of Competitive Interest
and Granting Process
BOEM will evaluate indications of
competitive interest for the ROW grant
area requested by Deepwater Wind to
install cables for the transmission of
electricity and will determine whether
there is competitive interest in
accordance with 30 CFR 585.307. At the
conclusion of the comment period for
this public notice, BOEM will review
the submissions received and undertake
a completeness review and a
qualification review to make this
required determination.
Under BOEM’s regulations at 30 CFR
585.302(b)(1), the rights accorded in a
ROW grant do not prevent the issuance
of other rights in the same area,
provided that any subsequent ROW
grant issued by BOEM in the area of a
previously-issued ROW grant does not
unreasonably interfere with activities
approved under the previously-issued
ROW grant. BOEM may find that
competitive interest exists if it receives
a proposal to acquire an OCS ROW grant
that matches the proposed grant area.
PO 00000
Frm 00056
Fmt 4703
Sfmt 4703
If BOEM determines that competitive
interest exists, it may decide to proceed
with the competitive granting process
outlined in 30 CFR 585.308. If BOEM
determines that there is no competitive
interest in the proposed grant area, it
will publish in the Federal Register a
notice that there is no competitive
interest. At that point BOEM may
decide to proceed with the
noncompetitive grant issuance process
pursuant to 30 CFR 585.306(b), and
Deepwater Wind would be required to
submit a General Activities Plan (GAP).
Whether following competitive or
noncompetitive procedures, BOEM will
consult with the Task Force and will
comply with all applicable requirements
prior to making a decision on whether
or not to issue a grant and/or GAP
approval, disapproval, or approval with
modifications. BOEM would coordinate
and consult, as appropriate, with
relevant Federal agencies, affected
tribes, and affected state and local
governments, in issuing a grant and
developing grant terms and conditions.
Environmental Review Process
The U.S. Army Corps of Engineers
(USACE) New England District and
BOEM both have jurisdiction by law for
portions of the BITS. The BITS would
support Deepwater Wind’s proposed
Block Island Wind Farm (BIWF), a
proposed 30 MW offshore wind energy
project located in Rhode Island State
waters approximately 2.5 nautical miles
(nmi) southeast of Block Island. Since
the majority of the activities and
permanent structures related to the
BIWF and the BITS will be sited in state
waters and on state lands, the USACE
will be the lead agency for the NEPA
environmental analysis of both projects.
BOEM has jurisdiction for the portion of
the BITS that will be located on the
OCS, for which it requires issuance of
a ROW grant, and will be a cooperating
agency in the NEPA process led by the
USACE. BOEM will consider all
relevant information produced from the
NEPA process and, if appropriate, adopt
the USACE’s NEPA document prior to
the issuance of any ROW grant.
BOEM and the USACE intend to
conduct consultations required by
Federal law jointly during the NEPA
process. These consultations include,
but are not limited to, those required by
the CZMA, the ESA, the MagnusonStevens Fishery Conservation and
Management Act, the NHPA, and
Executive Order 13175—‘‘Consultation
and Coordination with Tribal
Governments.’’
E:\FR\FM\23MYN1.SGM
23MYN1
30553
Federal Register / Vol. 77, No. 100 / Wednesday, May 23, 2012 / Notices
Description of the Proposal
Deepwater Wind proposes to
construct and install a 34.5-kilovolt (kV)
alternating current (AC) bi-directional
submerged transmission cable between
Block Island and the Rhode Island
mainland. Deepwater Wind proposes
that the BITS would: (1) Transmit
electrical power from Deepwater Wind’s
proposed BIWF to the Rhode Island
mainland; and (2) transmit electrical
power from the existing transmission
grid on the Rhode Island mainland to
Block Island. Deepwater Wind proposes
to connect an onshore substation on
Block Island (New Shoreham, Rhode
Island) northeast approximately 19.2
nmi to an onshore substation in South
Kingstown, Rhode Island, or an
additional approximately 7 nmi to an
onshore substation in Narragansett,
Rhode Island. Deepwater Wind is
requesting a ROW grant for a 200-foot
corridor associated with an 8 nmi
portion of the BITS that is on the OCS.
All cables would be installed in a
manner that considers factors such as
the type of seafloor (hard bottom or soft
bottom), the potential presence of
sandwaves and sediment megaripples,
and the marine uses that take place in
a given cable area.
Block No.
6761 ........................................
6810 ........................................
6811 ........................................
Sub block
6711 ........................................
D,H,K,L,N,O.
A,B,E.
G,H,K,L.
We request public comments and
indications of competitive interest in
the actual ROW grant area requested.
The ROW grant area requested by
Deepwater Wind consists of an area 100
feet to either side of the centerline. The
centerline of the ROW can be
determined by interconnecting the
points indicated by the centerline
coordinates. This area may be adjusted
based on the results of future surveys or
new information obtained from
stakeholder outreach and public input.
Coordinates for the centerline follow an
order from north to south (points 1–27)
and are provided in X, Y (eastings,
northings) UTM Zone 18N, NAD 83 and
geographic (longitude, latitude), NAD83.
Description of the Proposed Grant Area
The area under consideration is
located on the OCS off the coast of
Rhode Island, between Block Island and
the mainland. A ROW grant is a corridor
200 feet in width centered on the cable
or pipeline (30 CFR 585.301). The area
requested crosses the following portions
of the following OCS blocks in Official
Protraction Diagram Providence NK 19–
07:
Block No.
Sub block
H,L,P.
UTM X (easting)
UTM Y (northing)
Longitude
Latitude
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
mstockstill on DSK4VPTVN1PROD with NOTICES
Point number
297579.86
297764.90
297948.74
297948.90
297962.50
297976.03
297976.04
297960.78
297945.47
297945.18
297888.18
297831.47
297831.38
297792.88
297754.21
297753.91
297700.90
297647.43
297646.70
297517.00
297387.73
297387.72
297197.85
297006.74
297003.33
294240.98
291458.78
4577806.25
4576627.63
4575456.74
4575455.09
4575166.08
4574878.48
4574877.33
4574347.66
4573816.13
4573813.60
4573526.78
4573241.41
4573241.03
4573070.56
4572899.35
4572898.25
4572725.11
4572550.46
4572548.55
4572266.46
4571985.30
4571985.28
4571573.97
4571159.97
4571155.24
4568561.35
4565948.75
¥71.418731
¥71.416129
¥71.413546
¥71.413543
¥71.413285
¥71.413028
¥71.413028
¥71.413034
¥71.413040
¥71.413043
¥71.413628
¥71.414210
¥71.414211
¥71.414614
¥71.415018
¥71.415021
¥71.415596
¥71.416176
¥71.416184
¥71.417638
¥71.419087
¥71.419087
¥71.421215
¥71.423357
¥71.423396
¥71.455469
¥71.487750
41.326331
41.315771
41.305279
41.305264
41.302667
41.300082
41.300071
41.295301
41.290513
41.290490
41.287895
41.285312
41.285309
41.283765
41.282214
41.282204
41.280633
41.279048
41.279030
41.276459
41.273896
41.273896
41.270147
41.266373
41.266330
41.242287
41.218063
The following multiple use issues
were identified through consultation
with the Task Force:
The Department of Defense (DoD)
conducts offshore testing, training, and
operations on the OCS. BOEM will
consult with the DoD on all proposed
ROW grant projects to ensure that
projects are compatible with DoD
activities on the OCS. The U.S. Navy
operates the Narragansett Bay Operating
Area which overlaps portions of the
proposed ROW grant area. The Naval
Undersea Warfare Center (NUWC) also
VerDate Mar<15>2010
17:00 May 22, 2012
Jkt 226001
uses a restricted area located adjacent to
the proposed ROW grant area as a
testing area. The restricted area begins
within the northern precautionary area
approach to Narragansett Bay and
extends south, coinciding with the
Traffic Separation Scheme (TSS) as
indicated on NOAA nautical chart
13218 (Martha’s Vineyard to Block
Island). The proposed ROW grant area
does not cross the testing area. However,
due to the close proximity of the
proposed ROW grant area to the testing
area and the Outbound Traffic Lane of
PO 00000
Frm 00057
Fmt 4703
Sfmt 4703
the Narragansett Bay TSS, we welcome
input concerning ways to coordinate
cable installation and maintenance
activities in the proposed ROW area in
a manner that eliminates or reduces
conflicts with NUWC testing and
shipping in the vicinity to the extent
that such conflicts exist.
The Rhode Island Ocean Special Area
Management Plan (SAMP) has
identified portions of the proposed
ROW grant area as important for
commercial and recreational fishing
activities, as well as important marine
E:\FR\FM\23MYN1.SGM
23MYN1
30554
Federal Register / Vol. 77, No. 100 / Wednesday, May 23, 2012 / Notices
fish habitat. Specifically, the SAMP
identified the area as important for a
range of commercial fishing activities,
including scallop dredging, gillnetting,
lobster trapping, bottom trawling and
recreational activities. Specific
information on fishery resources, fishing
activities and important marine habitats
can be found at:
https://www.crmc.ri.gov/
samp_ocean.html.
There are several species of birds,
marine mammals, sea turtles, and fish in
the area off Rhode Island that are listed
as threatened or endangered under the
jurisdiction of the U.S. Fish and
Wildlife Service or the NOAA National
Marine Fisheries Service (NMFS). Such
species may occur permanently or
seasonally in the proposed ROW grant
area. In addition to ESA-listed species,
seabirds protected under the Migratory
Bird Treaty Act and marine mammals
protected under the Marine Mammal
Protection Act may occur in the area.
NMFS has not designated any ESA
critical habitat within the proposed
ROW grant area. Information on
essential fish habitat and protected
species within the proposed ROW grant
area as designated under the MagnusonStevens Fishery Conservation and
Management Act can be found at: https://
www.nero.noaa.gov/hcd/and https://
www.nero.noaa.gov/prot_res/.
mstockstill on DSK4VPTVN1PROD with NOTICES
Map of the Area
A map of the area proposed for a
ROW grant can be found at the
following URL: https://www.boem.gov/
Renewable-Energy-Program/StateActivities/Rhode-Island.aspx.
A large scale map of the RFCI area
showing boundaries of the area 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) 787–1300, Fax: (703) 787–1708.
Required Indication of Interest
Information
If you intend to submit an indication
of competitive interest for a ROW grant
for the area identified in this notice for
the purposes of transmitting electricity
supporting renewable energy, you must
provide the following:
(1) Documentation demonstrating that
you are legally qualified to hold a ROW
grant as set forth in 30 CFR 585.106–
107. Guidance and examples of the
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/
VerDate Mar<15>2010
17:00 May 22, 2012
Jkt 226001
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 some part of your legal
qualification documentation be kept
confidential, clearly identify what
should be kept confidential, and submit
it under separate cover (see Protection
of Privileged or Confidential
Information Section, below).
(2) Documentation demonstrating that
you are technically and financially
qualified to hold a lease as set forth in
30 CFR 585.106–107, including
documentation demonstrating that you
are technically and financially capable
of constructing, operating, maintaining,
and decommissioning the facilities
described in (4), below. Guidance
regarding the documentation that you
may submit to demonstrate your
technical and financial qualifications
can be found at: https://
www.boemre.gov/offshore/
RenewableEnergy/PDFs/
QualificationGuidelines.pdf.
(3) A statement that you wish to
acquire a renewable energy ROW grant
for the proposed grant area requested by
Deepwater Wind for the BITS project
and a description of how your proposal
would interfere with, or suffer
interference from, the BITS proposed
project. Any request for a ROW grant
located outside of the proposed grant
area should be submitted separately
pursuant to 30 CFR 585.305.
(4) A description of your objectives,
including:
• Devices and infrastructure involved
(if your project would require the use of
offshore platforms, please indicate
where those platforms would be
located);
• Anticipated capacity;
• How the project would support
renewable energy; and
• A statement that the proposed
activity conforms with state and local
energy planning requirements,
initiatives or guidance, as applicable.
(5) A schedule of proposed activities,
including those leading to commercial
operations; and;
(6) Available and pertinent data and
information concerning environmental
conditions in the area, including any
energy and resource data and
information used to evaluate the area.
Where applicable, spatial information
should be submitted in a format
compatible with ArcGIS 9.3 in a
geographic coordinate system (NAD 83).
Your complete submission, including
the items identified in (1) through (6)
above, must be provided to BOEM in
both paper and electronic formats.
PO 00000
Frm 00058
Fmt 4703
Sfmt 4703
BOEM considers an Adobe PDF file
stored on a compact disc (CD) to be an
acceptable format for submitting an
electronic copy.
It is critical that you provide a
complete submission of competitive
interest so that BOEM may consider
your submission in a timely manner. If
BOEM reviews your submission and
determines that it is incomplete, BOEM
will inform you of this determination in
writing and describe the information
that BOEM wishes you to provide in
order for BOEM to deem your
submission complete. You will be given
15 business days from the date of the
letter to provide the information that
BOEM found to be missing from your
original submission. If you do not meet
this deadline, or if BOEM determines
your second submission is also
insufficient, BOEM reserves the right to
deem your submission invalid. In such
a case, BOEM would not consider your
submission.
Requested Information From Interested
or Affected Parties
BOEM is also requesting from the
public and other interested or affected
parties specific and detailed comments
regarding the following:
(1) Geological and geophysical
conditions (including bottom and
shallow hazards) in the area described
in this notice;
(2) Known archaeological, historic,
and/or cultural resource sites on the
seabed in the area described in this
notice;
(3) Multiple uses of the area described
in this notice, including navigation (in
particular, commercial and recreational
vessel usage, and commercial and
recreational fisheries);
(4) Potential impacts to existing
communication cables;
(5) Department of Defense
operational, training and testing
activities (surface and subsurface) that
occur in the area described in this
notice that may be impacted by the
proposed project;
(6) Impacts to potential future uses of
the area;
(7) Advisable setback distance for
other offshore structures, including
other cables, renewable energy
structures, oil and gas structures, etc.;
(8) The potential risk posed by
anchors or other factors, and burial
depths that would be required to
mitigate such risks;
(9) Other relevant environmental and
socioeconomic information.
E:\FR\FM\23MYN1.SGM
23MYN1
Federal Register / Vol. 77, No. 100 / Wednesday, May 23, 2012 / Notices
Protection of Privileged or Confidential
Information
Freedom of Information Act
BOEM will protect privileged or
confidential information that you
submit as required by the Freedom of
Information Act (FOIA). Exemption 4 of
FOIA applies to trade secrets and
commercial or financial information
that you submit that is privileged or
confidential. If you wish to protect the
confidentiality of such information,
clearly mark it and request that BOEM
treat it as confidential. BOEM will not
disclose such information, subject to the
requirements of FOIA. Please label
privileged or confidential information,
‘‘Contains Confidential Information,’’
and consider submitting such
information as a separate attachment.
However, BOEM will not treat as
confidential any aggregate summaries of
such information or comments not
containing such information.
Additionally, BOEM will not treat as
confidential: (1) The legal title of the
nominating entity (for example, the
name of your company); or (2) the
geographic location of nominated
facilities and the types of those
facilities. Information that is not labeled
as privileged or confidential will be
regarded by BOEM as suitable for public
release.
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: May 10, 2012.
Tommy P. Beaudreau,
Director, Bureau of Ocean Energy
Management.
[FR Doc. 2012–12485 Filed 5–22–12; 8:45 am]
BILLING CODE 4310–MR–P
mstockstill on DSK4VPTVN1PROD with NOTICES
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree
Under the Clean Air Act
Notice is hereby given that on May 16,
2012, a proposed Consent Decree in
United States et al. v. Questar Gas
Management Co., Civil Action No. 2:08–
cv–00167–TS–PMW, was lodged with
the United States District Court for the
District of Utah.
VerDate Mar<15>2010
17:00 May 22, 2012
Jkt 226001
In this action the United States seeks
civil penalties and injunctive relief for
alleged violations of the Clean Air Act
(‘‘CAA’’), 42 U.S.C. 7401 et seq., at five
compressor stations Questar Gas
Management Co., now known as QEP
Field Services Co. (‘‘QEPFS’’) owns and
operates in Uintah County, Utah.
Specifically, the United States alleges
that QEPFS constructed, modified, and
operated the compressor stations in
northeastern Utah without complying
with: (a) The National Emissions
Standards for Hazardous Air Pollutants
applicable to oil and natural gas
production facilities, 40 CFR part 63,
Subpart HH and Subpart ZZZZ; (b) the
pre-construction Prevention of
Significant Deterioration program, set
forth at 42 U.S.C. 7470–7492 and 40
CFR 52.21; and (c) the post-construction
federal operating permits program set
forth at Title V of the CAA, 42 U.S.C.
7661–7661f and 40 CFR part 71. The
proposed consent decree would require
QEPFS to pay a civil penalty of
$3,650,000, pay $350,000 to a Tribal
Clean Air Trust Fund, and perform
other specified injunctive relief.
The Department of Justice will
receive, for a period of thirty (30) days
from the date of this publication,
comments relating to the proposed
settlement agreement. Comments should
be addressed to the Assistant Attorney
General for the Environment and
Natural Resources Division, and either
emailed to pubcommentees.enrd@usdoj.gov or mailed to P.O.
Box 7611, U.S. Department of Justice,
Washington, DC 20044–7611, and
should refer to United States et al. v.
Questar Gas Management Co., Civil
Action No. 2:08–cv–00167–TS–PMW,
and D.J. Ref. No. 90–5–2–1–08432.
During the public comment period,
the settlement agreement may be
examined on the following Department
of Justice Web site, https://
www.usdoj.gov/enrd/
Consent_Decrees.html. A copy of the
settlement agreement may also be
obtained by mail from the Consent
Decree Library, P.O. Box 7611, U.S.
Department of Justice, Washington, DC
20044–7611 or by faxing or emailing a
request to ‘‘Consent Decree Copy’’
(EESCDCopy.enrd@usdoj.gov), fax no.
(202) 514–0097, phone confirmation
number (202) 514–5271. If requesting a
copy from the Consent Decree Library
by mail, please enclose a check in the
amount of $11.00 ($.25 per page)
payable to the U.S. Treasury or, if by
email or fax, forward a check in that
PO 00000
Frm 00059
Fmt 4703
Sfmt 4703
30555
amount to the Consent Decree Library at
the address given above.
Robert Brook,
Assistant Chief, Environmental Enforcement
Section, Environment and Natural Resources
Division.
[FR Doc. 2012–12476 Filed 5–22–12; 8:45 am]
BILLING CODE 4410–15–P
DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petitions for Modification of
Application of Existing Mandatory
Safety Standards
Mine Safety and Health
Administration, Labor.
ACTION: Notice.
AGENCY:
Section 101(c) of the Federal
Mine Safety and Health Act of 1977 and
30 CFR Part 44 govern the application,
processing, and disposition of petitions
for modification. This notice is a
summary of petitions for modification
submitted to the Mine Safety and Health
Administration (MSHA) by the parties
listed below to modify the application
of existing mandatory safety standards
codified in Title 30 of the Code of
Federal Regulations.
DATES: All comments on the petitions
must be received by the Office of
Standards, Regulations and Variances
on or before June 22, 2012.
ADDRESSES: You may submit your
comments, identified by ‘‘docket
number’’ on the subject line, by any of
the following methods:
1. Electronic Mail: zzMSHAcomments@dol.gov. Include the docket
number of the petition in the subject
line of the message.
2. Facsimile: 202–693–9441.
3. Regular Mail or Hand Delivery:
MSHA, Office of Standards, Regulations
and Variances, 1100 Wilson Boulevard,
Room 2350, Arlington, Virginia 22209–
3939, Attention: George F. Triebsch,
Director, Office of Standards,
Regulations and Variances. Persons
delivering documents are required to
check in at the receptionist’s desk on
the 21st floor. Individuals may inspect
copies of the petitions and comments
during normal business hours at the
address listed above.
MSHA will consider only comments
postmarked by the U.S. Postal Service or
proof of delivery from another delivery
service such as UPS or Federal Express
on or before the deadline for comments.
FOR FURTHER INFORMATION CONTACT:
Barbara Barron, Office of Standards,
Regulations and Variances at 202–693–
SUMMARY:
E:\FR\FM\23MYN1.SGM
23MYN1
]]>Agencies
[Federal Register Volume 77, Number 100 (Wednesday, May 23, 2012)]
[Notices]
[Pages 30551-30555]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-12485]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
[Docket No. BOEM-2012-0009]
Commercial Renewable Energy Transmission on the Outer Continental
Shelf (OCS) Offshore Rhode Island, Notice of Proposed Grant Area and
Request for Competitive Interest (RFCI) in the Area of the Deepwater
Wind Block Island Transmission System Proposal
AGENCY: Bureau of Ocean Energy Management, Department of the Interior.
ACTION: Public Notice of an Unsolicited Request for a Transmission
Cable Right-of-Way Grant Supporting Renewable Energy, Request for
Submission of Indications of Competitive Interest, and Request for
Public Comment.
-----------------------------------------------------------------------
SUMMARY: The purpose of this public notice is to: (1) Describe the
Deepwater Wind Block Island LLC (Deepwater Wind) Transmission System
(BITS) proposal submitted to the Bureau of Ocean Energy Management
(BOEM); (2) solicit submissions of indications of competitive interest
for a right-of-way (ROW) grant for renewable energy purposes for the
area identified in this notice; and (3) solicit public input regarding
the proposal, its potential environmental consequences, and other uses
of the area in which the proposal would be located.
On November 30, 2011, BOEM received an application from Deepwater
Wind for a ROW grant on the OCS offshore Rhode Island. Deepwater Wind's
proposed project, the BITS, would entail the construction and
installation of a bi-directional submerged transmission cable between
Block Island and the Rhode Island mainland. Deepwater Wind has
requested a ROW grant for the portion of the BITS cable that is
proposed on the OCS. Deepwater Wind proposes that the BITS would serve
two purposes: (1) Transmit electrical power from Deepwater Wind's
proposed 30 megawatt (MW) offshore wind energy project located in Rhode
Island State waters off Block Island to the Rhode Island mainland; and
(2) transmit electrical power from the existing transmission grid on
the Rhode Island mainland to Block Island.
This RFCI is published pursuant to subsection 8(p)(3) of the OCS
Lands Act, as amended by section 388 of the Energy Policy Act of 2005
(EPAct) (43 U.S.C. 1337(p)(3)), and the implementing regulations at 30
CFR part 585. Subsection 8(p)(3) of the OCS Lands Act requires that OCS
renewable energy leases, easements, and rights-of-way be issued ``on a
competitive basis unless the Secretary determines after public notice
of a lease, easement, or right-of-way that there is no competitive
interest.'' This RFCI provides such public notice for the proposed ROW
grant area requested by Deepwater Wind and invites the submission of
indications of competitive interest. BOEM will consider the responses
to this public notice to determine whether competitive interest exists
for the area requested by Deepwater Wind, as required by 43 U.S.C.
1337(p)(3). Parties wishing to obtain a grant for the area requested by
Deepwater Wind should submit detailed and specific information as
described in the section entitled, ``Required Indication of Interest
Information.'' This announcement also requests that interested and
affected parties comment and provide information about site conditions
and existing and future uses of the area identified in this notice that
would be relevant to the proposed project or its impacts. The
information that BOEM is requesting is described in the section
entitled, ``Requested Information from Interested or Affected
Parties.''
DATES: If you are submitting an indication of interest in acquiring a
ROW grant for the area requested by Deepwater Wind, your submission
must be sent by mail, postmarked no later than June 22, 2012 for your
submission to be considered. If you are providing comments or other
submissions of information, you may send them by mail, postmarked by
this same date, or you may submit them through the Federal Rulemaking
Portal at https://www.regulations.gov, also by this same date.
Submission Procedures: If you are submitting an indication of
competitive interest for a ROW grant, please submit it by mail to the
following address: Bureau of Ocean Energy Management, Office of
Renewable Energy Programs, 381 Elden Street, HM 1328, Herndon, Virginia
20170. Submissions must be postmarked by June 22, 2012 to be considered
by BOEM for the purposes of determining competitive interest. In
addition to a paper copy of your submission, include an electronic copy
on a compact disc. BOEM will list the parties that submit indications
of competitive interest in the area requested by Deepwater Wind on the
BOEM Web site after the 30-day comment period has closed.
If you are submitting comments and other information concerning the
proposed grant area, you may use either of the following two methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. In the
entry titled ``Enter Keyword or ID,'' enter BOEM-2012-0009, and then
click ``search.'' Follow the instructions to submit public comments and
view supporting and related materials available for this notice.
2. Alternatively, comments may be submitted by mail to the
following address: Bureau of Ocean Energy Management, Office of
Renewable Energy Programs, 381 Elden Street, HM 1328, Herndon, Virginia
20170.
If you wish to protect the confidentiality of your submissions or
comments, clearly mark the relevant sections and request that BOEM
treat them as confidential. Please label privileged or confidential
information ``Contains Confidential Information'' and consider
submitting such information as a separate attachment. Treatment of
confidential information is addressed in the section of this notice
entitled, ``Privileged or Confidential Information.'' BOEM will post
all comments on regulations.gov unless labeled as confidential.
Information that is not labeled as privileged or confidential will be
regarded by BOEM as suitable for public release.
FOR FURTHER INFORMATION CONTACT: Ms. Jessica Bradley, Project
Coordinator, BOEM, Office of Renewable Energy Programs, 381 Elden
Street, HM 1328, Herndon, Virginia 20170, (703) 787-1300.
SUPPLEMENTARY INFORMATION:
Purpose of the RFCI
Responses to this public notice will allow BOEM to determine,
pursuant to 30 CFR 585.306, whether or not there is competitive
interest in acquiring the ROW area requested by Deepwater Wind as
described in this notice. In addition, this notice provides an
opportunity for interested stakeholders to provide comments on the
Deepwater
[[Page 30552]]
Wind ROW request, including information relating to potential
environmental consequences.
If, in response to this notice, BOEM receives one or more
indications of competitive interest for offshore transmission
development from qualified entities that wish to compete for the
proposed BITS ROW grant area, it may decide to move forward with the
ROW grant issuance process using competitive procedures pursuant to 30
CFR Part 585. However, if BOEM receives no qualified competing
indications of interest, BOEM may decide to move forward with the ROW
grant issuance process using the noncompetitive procedures contained in
30 CFR Part 585. Should BOEM decide to issue a ROW grant in the area,
whether competitively or non-competitively, it may provide the public
with additional opportunities to comment.
Background
Energy Policy Act of 2005 (EPAct)
The EPAct amended the OCS Lands Act by adding subsection 8(p),
which authorizes the Secretary of the Interior to grant leases,
easements, and ROWs on the OCS for activities that are not otherwise
authorized by law and that produce or support production,
transportation, or transmission of energy from sources other than oil
or gas. The EPAct also required the issuance of regulations to carry
out the new authority pertaining to renewable energy on the OCS. The
Secretary delegated this authority to issue leases, easements, and
ROWs, and to promulgate regulations, to the Director of BOEM. On April
29, 2009, BOEM promulgated renewable energy regulations, 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
In July 2010, the President signed an Executive Order (EO)
establishing the National Ocean Council. The EO establishes a
comprehensive, integrated national policy for the stewardship of the
oceans, our coasts and the Great Lakes. Where BOEM actions affect the
ocean, the EO requires BOEM to take such action as necessary to
implement this policy, the stewardship principles and national priority
objectives adopted by the EO, and guidance from the National Ocean
Council.
BOEM appreciates the importance of coordinating its planning
endeavors with other OCS users and regulators and intends to follow the
ecosystem-based management principles of coastal and marine spatial
planning, and coordinate with the regional planning bodies as
established by the National Ocean Council to inform its leasing
processes. BOEM anticipates that continued coordination with the BOEM
State Renewable Energy Intergovernmental Task Forces will help inform
comprehensive coastal and marine spatial planning efforts.
BOEM Rhode Island Renewable Energy Intergovernmental Task Force
BOEM established the BOEM Rhode Island Renewable Energy
Intergovernmental Task Force (Task Force) in November 2009, at the
request of the Governor, to facilitate coordination among affected
Federal agencies and state, local, and tribal governments relating to
renewable energy development on the OCS offshore Rhode Island. BOEM has
coordinated with the Task Force on potential commercial wind energy
development within an Area of Mutual Interest established through a
July 2010 Memorandum of Understanding between the Governors of Rhode
Island and Massachusetts. BOEM coordination efforts to date with the
Task Force and meeting materials are available on the BOEM Web site at:
https://www.boem.gov/Renewable-Energy-Program/State-Activities/Rhode-Island.aspx.
Determination of Competitive Interest and Granting Process
BOEM will evaluate indications of competitive interest for the ROW
grant area requested by Deepwater Wind to install cables for the
transmission of electricity and will determine whether there is
competitive interest in accordance with 30 CFR 585.307. At the
conclusion of the comment period for this public notice, BOEM will
review the submissions received and undertake a completeness review and
a qualification review to make this required determination.
Under BOEM's regulations at 30 CFR 585.302(b)(1), the rights
accorded in a ROW grant do not prevent the issuance of other rights in
the same area, provided that any subsequent ROW grant issued by BOEM in
the area of a previously-issued ROW grant does not unreasonably
interfere with activities approved under the previously-issued ROW
grant. BOEM may find that competitive interest exists if it receives a
proposal to acquire an OCS ROW grant that matches the proposed grant
area.
If BOEM determines that competitive interest exists, it may decide
to proceed with the competitive granting process outlined in 30 CFR
585.308. If BOEM determines that there is no competitive interest in
the proposed grant area, it will publish in the Federal Register a
notice that there is no competitive interest. At that point BOEM may
decide to proceed with the noncompetitive grant issuance process
pursuant to 30 CFR 585.306(b), and Deepwater Wind would be required to
submit a General Activities Plan (GAP). Whether following competitive
or noncompetitive procedures, BOEM will consult with the Task Force and
will comply with all applicable requirements prior to making a decision
on whether or not to issue a grant and/or GAP approval, disapproval, or
approval with modifications. BOEM would coordinate and consult, as
appropriate, with relevant Federal agencies, affected tribes, and
affected state and local governments, in issuing a grant and developing
grant terms and conditions.
Environmental Review Process
The U.S. Army Corps of Engineers (USACE) New England District and
BOEM both have jurisdiction by law for portions of the BITS. The BITS
would support Deepwater Wind's proposed Block Island Wind Farm (BIWF),
a proposed 30 MW offshore wind energy project located in Rhode Island
State waters approximately 2.5 nautical miles (nmi) southeast of Block
Island. Since the majority of the activities and permanent structures
related to the BIWF and the BITS will be sited in state waters and on
state lands, the USACE will be the lead agency for the NEPA
environmental analysis of both projects. BOEM has jurisdiction for the
portion of the BITS that will be located on the OCS, for which it
requires issuance of a ROW grant, and will be a cooperating agency in
the NEPA process led by the USACE. BOEM will consider all relevant
information produced from the NEPA process and, if appropriate, adopt
the USACE's NEPA document prior to the issuance of any ROW grant.
BOEM and the USACE intend to conduct consultations required by
Federal law jointly during the NEPA process. These consultations
include, but are not limited to, those required by the CZMA, the ESA,
the Magnuson-Stevens Fishery Conservation and Management Act, the NHPA,
and Executive Order 13175--``Consultation and Coordination with Tribal
Governments.''
[[Page 30553]]
Description of the Proposal
Deepwater Wind proposes to construct and install a 34.5-kilovolt
(kV) alternating current (AC) bi-directional submerged transmission
cable between Block Island and the Rhode Island mainland. Deepwater
Wind proposes that the BITS would: (1) Transmit electrical power from
Deepwater Wind's proposed BIWF to the Rhode Island mainland; and (2)
transmit electrical power from the existing transmission grid on the
Rhode Island mainland to Block Island. Deepwater Wind proposes to
connect an onshore substation on Block Island (New Shoreham, Rhode
Island) northeast approximately 19.2 nmi to an onshore substation in
South Kingstown, Rhode Island, or an additional approximately 7 nmi to
an onshore substation in Narragansett, Rhode Island. Deepwater Wind is
requesting a ROW grant for a 200-foot corridor associated with an 8 nmi
portion of the BITS that is on the OCS.
All cables would be installed in a manner that considers factors
such as the type of seafloor (hard bottom or soft bottom), the
potential presence of sandwaves and sediment megaripples, and the
marine uses that take place in a given cable area.
Description of the Proposed Grant Area
The area under consideration is located on the OCS off the coast of
Rhode Island, between Block Island and the mainland. A ROW grant is a
corridor 200 feet in width centered on the cable or pipeline (30 CFR
585.301). The area requested crosses the following portions of the
following OCS blocks in Official Protraction Diagram Providence NK 19-
07:
------------------------------------------------------------------------
Block No. Sub block
------------------------------------------------------------------------
6711..................................... H,L,P.
6761..................................... D,H,K,L,N,O.
6810..................................... A,B,E.
6811..................................... G,H,K,L.
------------------------------------------------------------------------
We request public comments and indications of competitive interest
in the actual ROW grant area requested. The ROW grant area requested by
Deepwater Wind consists of an area 100 feet to either side of the
centerline. The centerline of the ROW can be determined by
interconnecting the points indicated by the centerline coordinates.
This area may be adjusted based on the results of future surveys or new
information obtained from stakeholder outreach and public input.
Coordinates for the centerline follow an order from north to south
(points 1-27) and are provided in X, Y (eastings, northings) UTM Zone
18N, NAD 83 and geographic (longitude, latitude), NAD83.
----------------------------------------------------------------------------------------------------------------
Point number UTM X (easting) UTM Y (northing) Longitude Latitude
----------------------------------------------------------------------------------------------------------------
1 297579.86 4577806.25 -71.418731 41.326331
2 297764.90 4576627.63 -71.416129 41.315771
3 297948.74 4575456.74 -71.413546 41.305279
4 297948.90 4575455.09 -71.413543 41.305264
5 297962.50 4575166.08 -71.413285 41.302667
6 297976.03 4574878.48 -71.413028 41.300082
7 297976.04 4574877.33 -71.413028 41.300071
8 297960.78 4574347.66 -71.413034 41.295301
9 297945.47 4573816.13 -71.413040 41.290513
10 297945.18 4573813.60 -71.413043 41.290490
11 297888.18 4573526.78 -71.413628 41.287895
12 297831.47 4573241.41 -71.414210 41.285312
13 297831.38 4573241.03 -71.414211 41.285309
14 297792.88 4573070.56 -71.414614 41.283765
15 297754.21 4572899.35 -71.415018 41.282214
16 297753.91 4572898.25 -71.415021 41.282204
17 297700.90 4572725.11 -71.415596 41.280633
18 297647.43 4572550.46 -71.416176 41.279048
19 297646.70 4572548.55 -71.416184 41.279030
20 297517.00 4572266.46 -71.417638 41.276459
21 297387.73 4571985.30 -71.419087 41.273896
22 297387.72 4571985.28 -71.419087 41.273896
23 297197.85 4571573.97 -71.421215 41.270147
24 297006.74 4571159.97 -71.423357 41.266373
25 297003.33 4571155.24 -71.423396 41.266330
26 294240.98 4568561.35 -71.455469 41.242287
27 291458.78 4565948.75 -71.487750 41.218063
----------------------------------------------------------------------------------------------------------------
The following multiple use issues were identified through
consultation with the Task Force:
The Department of Defense (DoD) conducts offshore testing,
training, and operations on the OCS. BOEM will consult with the DoD on
all proposed ROW grant projects to ensure that projects are compatible
with DoD activities on the OCS. The U.S. Navy operates the Narragansett
Bay Operating Area which overlaps portions of the proposed ROW grant
area. The Naval Undersea Warfare Center (NUWC) also uses a restricted
area located adjacent to the proposed ROW grant area as a testing area.
The restricted area begins within the northern precautionary area
approach to Narragansett Bay and extends south, coinciding with the
Traffic Separation Scheme (TSS) as indicated on NOAA nautical chart
13218 (Martha's Vineyard to Block Island). The proposed ROW grant area
does not cross the testing area. However, due to the close proximity of
the proposed ROW grant area to the testing area and the Outbound
Traffic Lane of the Narragansett Bay TSS, we welcome input concerning
ways to coordinate cable installation and maintenance activities in the
proposed ROW area in a manner that eliminates or reduces conflicts with
NUWC testing and shipping in the vicinity to the extent that such
conflicts exist.
The Rhode Island Ocean Special Area Management Plan (SAMP) has
identified portions of the proposed ROW grant area as important for
commercial and recreational fishing activities, as well as important
marine
[[Page 30554]]
fish habitat. Specifically, the SAMP identified the area as important
for a range of commercial fishing activities, including scallop
dredging, gillnetting, lobster trapping, bottom trawling and
recreational activities. Specific information on fishery resources,
fishing activities and important marine habitats can be found at:
https://www.crmc.ri.gov/samp_ocean.html.
There are several species of birds, marine mammals, sea turtles,
and fish in the area off Rhode Island that are listed as threatened or
endangered under the jurisdiction of the U.S. Fish and Wildlife Service
or the NOAA National Marine Fisheries Service (NMFS). Such species may
occur permanently or seasonally in the proposed ROW grant area. In
addition to ESA-listed species, seabirds protected under the Migratory
Bird Treaty Act and marine mammals protected under the Marine Mammal
Protection Act may occur in the area. NMFS has not designated any ESA
critical habitat within the proposed ROW grant area. Information on
essential fish habitat and protected species within the proposed ROW
grant area as designated under the Magnuson-Stevens Fishery
Conservation and Management Act can be found at: https://www.nero.noaa.gov/hcd/and https://www.nero.noaa.gov/prot_res/.
Map of the Area
A map of the area proposed for a ROW grant can be found at the
following URL: https://www.boem.gov/Renewable-Energy-Program/State-Activities/Rhode-Island.aspx.
A large scale map of the RFCI area showing boundaries of the area
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) 787-1300, Fax: (703) 787-
1708.
Required Indication of Interest Information
If you intend to submit an indication of competitive interest for a
ROW grant for the area identified in this notice for the purposes of
transmitting electricity supporting renewable energy, you must provide
the following:
(1) Documentation demonstrating that you are legally qualified to
hold a ROW grant as set forth in 30 CFR 585.106-107. Guidance and
examples of the 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 some
part of your legal qualification documentation be kept confidential,
clearly identify what should be kept confidential, and submit it under
separate cover (see Protection of Privileged or Confidential
Information Section, below).
(2) Documentation demonstrating that you are technically and
financially qualified to hold a lease as set forth in 30 CFR 585.106-
107, including documentation demonstrating that you are technically and
financially capable of constructing, operating, maintaining, and
decommissioning the facilities described in (4), below. Guidance
regarding the documentation that you may submit to demonstrate your
technical and financial qualifications can be found at: https://www.boemre.gov/offshore/RenewableEnergy/PDFs/QualificationGuidelines.pdf.
(3) A statement that you wish to acquire a renewable energy ROW
grant for the proposed grant area requested by Deepwater Wind for the
BITS project and a description of how your proposal would interfere
with, or suffer interference from, the BITS proposed project. Any
request for a ROW grant located outside of the proposed grant area
should be submitted separately pursuant to 30 CFR 585.305.
(4) A description of your objectives, including:
Devices and infrastructure involved (if your project would
require the use of offshore platforms, please indicate where those
platforms would be located);
Anticipated capacity;
How the project would support renewable energy; and
A statement that the proposed activity conforms with state
and local energy planning requirements, initiatives or guidance, as
applicable.
(5) A schedule of proposed activities, including those leading to
commercial operations; and;
(6) Available and pertinent data and information concerning
environmental conditions in the area, including any energy and resource
data and information used to evaluate the area. Where applicable,
spatial information should be submitted in a format compatible with
ArcGIS 9.3 in a geographic coordinate system (NAD 83).
Your complete submission, including the items identified in (1)
through (6) above, must be provided to BOEM in both paper and
electronic formats. BOEM considers an Adobe PDF file stored on a
compact disc (CD) to be an acceptable format for submitting an
electronic copy.
It is critical that you provide a complete submission of
competitive interest so that BOEM may consider your submission in a
timely manner. If BOEM reviews your submission and determines that it
is incomplete, BOEM will inform you of this determination in writing
and describe the information that BOEM wishes you to provide in order
for BOEM to deem your submission complete. You will be given 15
business days from the date of the letter to provide the information
that BOEM found to be missing from your original submission. If you do
not meet this deadline, or if BOEM determines your second submission is
also insufficient, BOEM reserves the right to deem your submission
invalid. In such a case, BOEM would not consider your submission.
Requested Information From Interested or Affected Parties
BOEM is also requesting from the public and other interested or
affected parties specific and detailed comments regarding the
following:
(1) Geological and geophysical conditions (including bottom and
shallow hazards) in the area described in this notice;
(2) Known archaeological, historic, and/or cultural resource sites
on the seabed in the area described in this notice;
(3) Multiple uses of the area described in this notice, including
navigation (in particular, commercial and recreational vessel usage,
and commercial and recreational fisheries);
(4) Potential impacts to existing communication cables;
(5) Department of Defense operational, training and testing
activities (surface and subsurface) that occur in the area described in
this notice that may be impacted by the proposed project;
(6) Impacts to potential future uses of the area;
(7) Advisable setback distance for other offshore structures,
including other cables, renewable energy structures, oil and gas
structures, etc.;
(8) The potential risk posed by anchors or other factors, and
burial depths that would be required to mitigate such risks;
(9) Other relevant environmental and socioeconomic information.
[[Page 30555]]
Protection of Privileged or Confidential Information
Freedom of Information Act
BOEM will protect privileged or confidential information that you
submit as required by the Freedom of Information Act (FOIA). Exemption
4 of FOIA applies to trade secrets and commercial or financial
information that you submit that is privileged or confidential. If you
wish to protect the confidentiality of such information, clearly mark
it and request that BOEM treat it as confidential. BOEM will not
disclose such information, subject to the requirements of FOIA. Please
label privileged or confidential information, ``Contains Confidential
Information,'' and consider submitting such information as a separate
attachment.
However, BOEM will not treat as confidential any aggregate
summaries of such information or comments not containing such
information. Additionally, BOEM will not treat as confidential: (1) The
legal title of the nominating entity (for example, the name of your
company); or (2) the geographic location of nominated facilities and
the types of those facilities. Information that is not labeled as
privileged or confidential will be regarded by BOEM as suitable for
public release.
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: May 10, 2012.
Tommy P. Beaudreau,
Director, Bureau of Ocean Energy Management.
[FR Doc. 2012-12485 Filed 5-22-12; 8:45 am]
BILLING CODE 4310-MR-P
