Research Lease on the Outer Continental Shelf (OCS) Offshore Virginia, Request for Competitive Interest, 45965-45968 [2013-18283]
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Federal Register / Vol. 78, No. 146 / Tuesday, July 30, 2013 / Notices
written request with information in
support of the claim to Little Bighorn
Battlefield National Monument at the
address in this notice by August 29,
2013.
Denice Swanke,
Superintendent, Little Bighorn
Battlefield National Monument, P.O.
Box 39, Crow Agency, MT 59022–0039,
telephone (406) 638–3201, email
denice_swanke@nps.gov.
ADDRESSES:
Notice is
here given in accordance with the
Native American Graves Protection and
Repatriation Act (NAGPRA), 25 U.S.C.
3005, of the intent to repatriate a
cultural item under the control of the
U.S. Department of the Interior,
National Park Service, Little Bighorn
Battlefield National Monument, Crow
Agency, MT, that meets the definition of
sacred object under 25 U.S.C. 3001.
This notice is published as part of the
National Park Service’s administrative
responsibilities under NAGPRA, 25
U.S.C. 3003(d)(3). The determinations in
this notice are the sole responsibility of
the Superintendent, Little Bighorn
Battlefield National Monument.
SUPPLEMENTARY INFORMATION:
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History and Description of the Cultural
Item
In 1951, one cultural item was
donated to Custer Battlefield National
Monument, now known as Little
Bighorn Battlefield National Monument,
by the Rapid City Indian Museum of the
Bureau of Indian Affairs in Rapid City,
SD, which had collected the item from
John A. Anderson. It is believed that
Anderson moved to the Rosebud
Reservation in 1889 where he worked
for the C.P. Jordan Trading Post and as
a photographer. Later, after Mr. Jordan
retired, Anderson became the owner/
manager of the trading post. Over a span
of 45 years, Anderson acquired historic
objects through trade or purchase that
represented the life ways of the area
people. The one sacred object is a red
catlinite pipe that originally belonged
to, and was used by, the Lakota Chief
Hollow Horn Bear. The bowl is slightly
ornamented with carvings toward the
stem and the stem is carved at each end.
Duane Hollow Horn Bear, greatgrandson of Chief Hollow Horn Bear, is
requesting repatriation of the cultural
item described above. The pipe is
needed by Mr. Hollow Horn Bear to
continue traditional ceremonies. The
Rosebud Sioux Tribal Historic
Preservation Office corroborated Little
Bighorn Battlefield National
Monument’s determination that Duane
Hollow Horn Bear is the most
appropriate recipient under the Rosebud
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traditional kinship system and common
law system of descendance.
of South Dakota that this notice has
been published.
Determinations Made by Little Bighorn
Battlefield National Monument
Dated: June 20, 2013.
Sherry Hutt,
Manager, National NAGPRA Program.
Officials of Little Bighorn Battlefield
National Monument have determined
that:
• Pursuant to 25 U.S.C. 3001(3)(C),
the one cultural item described above is
a specific ceremonial object needed by
traditional Native American religious
leaders for the practice of traditional
Native American religions by their
present-day adherents.
• Pursuant to 25 U.S.C. 3005(a)(5)(A),
Mr. Duane Hollow Horn Bear is the
direct lineal descendant of the
individual who owned the sacred
object.
Additional Requestors and Disposition
Lineal descendants or representatives
of any Indian tribe or Native Hawaiian
organization not identified in this notice
that wish to claim this cultural item
should submit a written request with
information in support of the claim to
Denice Swanke, Superintendent, Little
Bighorn Battlefield National Monument,
P.O. Box 39, Crow Agency, MT 59022–
0039, telephone (406) 638–3201, email
denice_swanke@nps.gov, by August 29,
2013. After that date, if no additional
claimants have come forward, transfer
of control of the sacred object to Mr.
Hollow Horn Bear may proceed.
Little Bighorn Battlefield National
Monument is responsible for notifying
the Arapaho Tribe of the Wind River
Reservation, Wyoming; Assiniboine and
Sioux Tribes of the Fort Peck Indian
Reservation, Montana; Cheyenne and
Arapaho Tribes, Oklahoma (previously
listed as the Cheyenne-Arapaho Tribes
of Oklahoma); Cheyenne River Sioux
Tribe of the Cheyenne River
Reservation, South Dakota; Crow Creek
Sioux Tribe of the Crow Creek
Reservation, South Dakota; Crow Tribe
of Montana; Flandreau Santee Sioux
Tribe of South Dakota; Lower Brule
Sioux Tribe of the Lower Brule
Reservation, South Dakota; Northern
Cheyenne Tribe of the Northern
Cheyenne Indian Reservation, Montana;
Oglala Sioux Tribe (previously listed as
the Oglala Sioux Tribe of the Pine Ridge
Reservation, South Dakota); Rosebud
Sioux Tribe of the Rosebud Indian
Reservation, South Dakota; Santee Sioux
Nation, Nebraska; Sisseton-Wahpeton
Oyate of the Lake Traverse Reservation,
South Dakota; Spirit Lake Tribe, North
Dakota; Standing Rock Sioux Tribe of
North & South Dakota; Three Affiliated
Tribes of the Fort Berthold Reservation,
North Dakota; and Yankton Sioux Tribe
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[FR Doc. 2013–18318 Filed 7–29–13; 8:45 am]
BILLING CODE 4312–50–P
DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
[Docket No. BOEM–2013–0020;
MMAA104000]
Research Lease on the Outer
Continental Shelf (OCS) Offshore
Virginia, Request for Competitive
Interest
Bureau of Ocean Energy
Management (BOEM), Interior.
ACTION: Public Notice of an Unsolicited
Request for an OCS Research Lease;
Request for Competitive Interest (RFCI);
and Request for Public Comment.
AGENCY:
The purpose of this public
notice is to: (1) Describe the proposal
submitted to BOEM by the
Commonwealth of Virginia, Department
of Mines, Minerals and Energy (DMME)
to acquire an OCS lease for wind energy
research activities; (2) solicit indications
of interest in a renewable energy lease
in the area identified by DMME for
substantially similar wind energy
activities; and (3) solicit public input
regarding the proposal, its potential
environmental consequences, and the
use of the area in which the proposed
project would be located.
On February 13, 2013, BOEM received
an unsolicited request for a research
lease from DMME. The objective of
DMME is to obtain a lease under 30 CFR
585.238 for renewable energy research
activities, including wind turbine
installation and operational testing and
the installation of metocean monitoring
equipment. The objective of the DMME
proposal is to design, develop, and
demonstrate a grid-connected 12
megawatt (MW) offshore wind test
facility on the OCS off the coast of
Virginia.
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 (43 U.S.C.
1337(p)(3)), and the implementing
regulations at 30 CFR Part 585.
DATES: If you are submitting an
indication of interest in acquiring a
renewable energy lease for the area
proposed by DMME, your submission
must be sent by mail, postmarked no
later than August 29, 2013 for your
SUMMARY:
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Federal Register / Vol. 78, No. 146 / Tuesday, July 30, 2013 / Notices
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 eRulemaking Portal
at https://www.regulations.gov, also by
this same date.
Submission Procedures: If you are
interested in obtaining a renewable
energy lease for the area requested by
DMME, you should submit detailed and
specific information as described in the
section entitled ‘‘Required Indication of
Interest Information.’’ Please submit this
material 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
August 29, 2013 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 interest on the BOEM
Web site after the 30-day comment
period has closed.
If you are submitting comments or
other information concerning the
proposed research lease area, you may
use either of the following two methods:
1. Federal eRulemaking Portal: https://
www.regulations.gov. In the entry
entitled, ‘‘Enter Keyword or ID,’’ enter
BOEM–2013–020, 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 indication of
interest or comment, 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 the Federal eRulemaking
Portal at https://www.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.
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Mr.
Casey Reeves, Renewable Energy
Program Specialist, BOEM, Office of
Renewable Energy Programs, 381 Elden
Street, HM–1328, Herndon, Virginia
20170; phone (703) 787–1320.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Purpose of the RFCI
Responses to this public notice will
allow BOEM to determine, pursuant to
subsection 8(p)(3) of the OCS Lands Act,
whether or not there is competitive
interest in acquiring an OCS renewable
energy lease in the area requested by
DMME. If BOEM receives no competing
indications of interest for a lease in
response to this notice, BOEM may
decide to move forward with the
research leasing process using the
procedures described in 30 CFR
585.238(d).
This notice also provides an
opportunity for interested stakeholders
to comment on the proposed project and
its potential impacts. BOEM will
consider all comments received when
deciding whether and how to move
forward with the research leasing
process.
DMME’s Proposed Research Activities
DMME’s proposed research activities
are described in their unsolicited
request for a research lease, which is
available at the following URL: https://
www.boem.gov/Renewable-EnergyProgram/State-Activities/Virginia.aspx.
Description of the Proposed Research
Lease Area
The proposed research lease area
consists of six OCS sub-blocks (an OCS
sub-block is 1,200 meters by 1,200
meters in area). The following table
describes the OCS sub-blocks that
comprise the proposed research lease
area.
Protraction
name
Currituck
Sound.
Currituck
Sound.
Protraction
No.
Block
No.
Sub
bock
NJ18–11 ....
6061
H,L,P
NJ18–11 ....
6111
D,H,L
Map of the Area
A map of the area proposed by DMME
and included in this RFCI can be found
at the following URL: https://
www.boem.gov/Renewable-EnergyProgram/State-Activities/Virginia.aspx.
A large scale map of the RFCI area
showing boundaries of the area with the
numbered blocks is available from
BOEM at the following address: Bureau
of Ocean Energy Management, Office of
Renewable Energy Programs, 381 Elden
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Street, HM–1328, Herndon, Virginia
20170. Phone: (703) 787–1320, Fax:
(703) 787–1708.
The six sub-blocks requested by
DMME are located immediately adjacent
to the western edge of the Virginia Wind
Energy Area (WEA). The Virginia WEA,
which consists of more than 19 full OCS
blocks, will be offered for sale in lease
sale Atlantic Wind One (ATLW1), as
described in the following section.
Relationship of the DMME Proposal to
the Virginia WEA
On July 23, 2013, BOEM published a
Final Sale Notice (FSN) in the Federal
Register, announcing the sale of a
commercial wind lease on the OCS
offshore Virginia (78 FR 44150–44156).
The area identified for potential
commercial wind leasing in the PSN
was delineated through consultation
with the BOEM’s Virginia
Intergovernmental Task Force and is
intended to balance the protection of
environmentally sensitive areas and
minimize space-use conflicts while
maximizing the area available for
commercial offshore wind development.
The development of the WEA began in
December 2009 and the WEA has been
refined since that time, resulting in a
area that avoids sensitive ecological
areas offshore the barrier islands, takes
advantage of Class 6 wind speeds,
minimizes maritime traffic risk, avoids
military operating and warning areas,
and avoids a launch fallout area east of
the NASA Goddard Space Flight
Center’s Wallops Flight Facility.
The delineation of the VA WEA was
also informed by input received from
stakeholders who commented on the
July 12, 2011, Notice of Availability
(NOA) of the draft Environmental
Assessment (EA) (76 FR 40926). Among
the comments received on the draft EA
was a letter dated August 22, 2011, from
the American Waterways Operators
(AWO), a national trade association for
the tugboat, towboat and barge industry.
The comment requested that BOEM
refrain from leasing OCS Blocks 6011,
6061, 6111, 6161, 6110, and 6160,
suggesting that not leasing these blocks
would ‘‘preserve an area currently used
by [AWO] members during inclement
weather.’’ Based on this concern and on
an analysis of ship traffic data for larger
vessels that transit the area, as well as
an assessment conducted by the U.S.
Coast Guard, BOEM removed these OCS
blocks from consideration for
commercial wind leasing prior to the
publication of the Virginia Call for
Information and Nominations (77 FR
5545).
In light of the concerns expressed by
AWO, at this time BOEM is not
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Federal Register / Vol. 78, No. 146 / Tuesday, July 30, 2013 / Notices
considering moving forward with
leasing for any wind proposals larger in
scale than DMME’s proposed project or
outside of the area proposed by DMME.
It does not appear that the proposed
lease activity described in this notice
would impair navigational safety.
However, authorizing a wind project
within OCS Blocks 6011, 6061, 6111,
6161, 6110, and 6160 larger in scale
than DMME’s proposed project could
cause an unacceptable level of
obstruction to vessel traffic.
Accordingly, BOEM will not consider
indication of interest larger in scale than
the project proposed by DMME.
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Relationship of the DMME Proposal to
the Atlantic Grid Holdings LLC’s ROW
Grant Request
On March 31, 2011, Atlantic Grid
Holdings LLC submitted an unsolicited
application for a ROW grant, for a
buried offshore electrical transmission
cable and infrastructure. A segment of
the proposed cable project that is
intended to support commercial
development in the Virginia WEA also
occupies the project area proposed by
DMME. Following publication of a
notice to determine competitive interest
in the project, BOEM published its
determination of no competitive interest
on May 15, 2012, (77 FR 28620). The
application and associated notices can
be found at: https://www.boem.gov/
Renewable-Energy-Program/StateActivities/Regional-Proposals.aspx.
Required Indication of Interest
Information
If you intend to submit an indication
of interest for a renewable energy lease
for the area identified in this notice you
must provide the following:
(1) A statement that you wish to
acquire an offshore wind lease within
the proposed lease area. For BOEM to
consider your indication of interest, it
must include a proposal for the
installation of no more than two WTGs,
and may include a proposal for the
installation of one or more metocean
facilities. Any interest in an area located
outside of the proposed research lease
area should be submitted separately
pursuant to 30 CFR 585.238;
(2) A general description of your
objectives and the facilities that you
would use to achieve those objectives;
(3) A general schedule of proposed
activities;
(4) Available and pertinent data and
information concerning renewable
energy resources and environmental
conditions in the area that you wish to
lease, including energy and resource
data and information used to evaluate
the area of interest. Where applicable,
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spatial information should be submitted
in a format compatible with ArcGIS 9.3
in a geographic coordinate system (NAD
83);
(5) Documentation demonstrating that
you are legally qualified to hold a
renewable energy lease as set forth in 30
CFR 585.106 and 107. Examples of the
documentation appropriate for
demonstrating your legal qualifications
and related guidance can be found in
Chapter 2 and Appendix B of the
Guidelines for the Minerals
Management Service Renewable Energy
Framework available at: https://
www.boem.gov/Renewable-EnergyProgram/Regulatory-Information/
Index.aspx. Legal qualification
documents will be placed in an official
file that may be made available for
public review. If you wish that any part
of your legal qualification
documentation be kept confidential,
clearly identify what should be kept
confidential, and submit it under
separate cover (see ‘‘Protection of
Privileged or Confidential Information
Section,’’ below); and
(6) Documentation demonstrating that
you are technically and financially
capable of constructing, operating,
maintaining and decommissioning the
facilities described in your submission.
Guidance regarding the required
documentation to demonstrate your
technical and financial qualifications
can be found at: https://www.boem.gov/
Renewable-Energy-Program/RegulatoryInformation/Index.aspx.
It is critical that you provide a
complete submission of competitive
interest, including the items identified
in (1) through (6), 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 may 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:
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45967
(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 vessel usage,
recreation, 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; and
(9) Other relevant environmental and
socioeconomic 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.
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; or (2) the geographic
location of 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.
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Section 304 of the National Historic
Preservation Act (16 U.S.C. 470w–3(a))
BOEM is required, after consultation
with the Secretary of the Interior, to
withhold the location, character, or
ownership of historic resources, if it
determines that disclosure may, among
other things, cause a significant
invasion of privacy, risk harm to the
historic resources or impede the use of
a traditional religious site by
practitioners. Tribal entities and other
interested parties should designate
information that they wish to be held as
‘confidential.’
Dated: July 24, 2013.
Tommy P. Beaudreau,
Director, Bureau of Ocean Energy
Management.
[FR Doc. 2013–18283 Filed 7–29–13; 8:45 am]
BILLING CODE 4310–MR–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 731–TA–1205 (Final)]
Silica Bricks and Shapes From China:
Scheduling of the Final Phase of an
Antidumping Investigation
United States International
Trade Commission.
ACTION: Notice.
AGENCY:
The Commission hereby gives
notice of the scheduling of the final
phase of antidumping investigation No.
731–TA–1205 (Final) under section
735(b) of the Tariff Act of 1930 (19
U.S.C. 1673d(b)) (the Act) to determine
whether an industry in the United
States is materially injured or
threatened with material injury, or the
establishment of an industry in the
United States is materially retarded, by
reason of less-than-fair-value imports
from China of silica bricks and shapes,
provided for primarily in statistical
reporting numbers 6902.20.1020 and
6902.20.5020 of the Harmonized Tariff
Schedule of the United States.1
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SUMMARY:
1 For purposes of this investigation, the
Department of Commerce has defined the subject
merchandise as ‘‘refractory bricks and shapes,
regardless of size, that contain at least 90 percent
silica (SiO2) where at least 50 percent of the silica
content, by weight, is crystalline silica, regardless
of other materials contained in the bricks and
shapes. Refractory refers to nonmetallic materials
having those chemical and physical properties that
make them applicable for structures, or as
components of systems, that are exposed to
environments above 1000 degrees Fahrenheit (538
degrees Celsius). The products covered by the scope
of this investigation are currently classified under
Harmonized Tariff Schedule of the United States
(‘‘HTSUS’’) numbers 6902.20.1020 and
6902.20.5020. Because the definition of ‘‘refractory’’
in the HTSUS differs from that in the scope of this
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For further information concerning
the conduct of this phase of the
investigation, hearing procedures, and
rules of general application, consult the
Commission’s Rules of Practice and
Procedure, part 201, subparts A through
E (19 CFR part 201), and part 207,
subparts A and C (19 CFR part 207).
DATES: Effective Date: June 20, 2013.
FOR FURTHER INFORMATION CONTACT:
Cynthia Trainor (202–205–3354), Office
of Investigations, U.S. International
Trade Commission, 500 E Street SW.,
Washington, DC 20436. Hearingimpaired persons can obtain
information on this matter by contacting
the Commission’s TDD terminal on 202–
205–1810. Persons with mobility
impairments who will need special
assistance in gaining access to the
Commission should contact the Office
of the Secretary at 202–205–2000.
General information concerning the
Commission may also be obtained by
accessing its internet server (https://
www.usitc.gov). The public record for
this investigation may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.—The final phase of this
investigation is being scheduled as a
result of an affirmative preliminary
determination by the Department of
Commerce that imports of silica bricks
and shapes from China are being sold in
the United States at less than fair value
within the meaning of section 733 of the
Act (19 U.S.C. 1673b). The investigation
was requested in a petition filed on
November 15, 2012, by Utah
Refractories Corp., Lehi, Utah.
Participation in the investigation and
public service list.—Persons, including
industrial users of the subject
merchandise and, if the merchandise is
sold at the retail level, representative
consumer organizations, wishing to
participate in the final phase of this
investigation as parties must file an
entry of appearance with the Secretary
to the Commission, as provided in
section 201.11 of the Commission’s
rules, no later than 21 days prior to the
hearing date specified in this notice. A
party that filed a notice of appearance
during the preliminary phase of the
investigation, products covered by the scope of this
investigation may also enter under HTSUS number
6909.19.5095. Although the HTSUS numbers are
provided for convenience and customs purposes,
the written description of the scope of this
proceeding is dispositive.
The scope of this investigation does not cover
refractory bricks and shapes, regardless of size, that
are made, in part, from non-crystalline silica
(commonly referred to as fused silica) where the
silica content is less than 50 percent, by weight
crystalline silica.’’
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investigation need not file an additional
notice of appearance during this final
phase. The Secretary will maintain a
public service list containing the names
and addresses of all persons, or their
representatives, who are parties to the
investigation.
Limited disclosure of business
proprietary information (BPI) under an
administrative protective order (APO)
and BPI service list.—Pursuant to
section 207.7(a) of the Commission’s
rules, the Secretary will make BPI
gathered in the final phase of this
investigation available to authorized
applicants under the APO issued in the
investigation, provided that the
application is made no later than 21
days prior to the hearing date specified
in this notice. Authorized applicants
must represent interested parties, as
defined by 19 U.S.C. 1677(9), who are
parties to the investigation. A party
granted access to BPI in the preliminary
phase of the investigation need not
reapply for such access. A separate
service list will be maintained by the
Secretary for those parties authorized to
receive BPI under the APO.
Staff report.—The prehearing staff
report in the final phase of this
investigation will be placed in the
nonpublic record on October 22, 2013,
and a public version will be issued
thereafter, pursuant to section 207.22 of
the Commission’s rules.
Hearing.—The Commission will hold
a hearing in connection with the final
phase of this investigation beginning at
9:30 a.m. on November 6, 2013, at the
U.S. International Trade Commission
Building. Requests to appear at the
hearing should be filed in writing with
the Secretary to the Commission on or
before October 28, 2013. A nonparty
who has testimony that may aid the
Commission’s deliberations may request
permission to present a short statement
at the hearing. All parties and
nonparties desiring to appear at the
hearing and make oral presentations
should attend a prehearing conference
to be held at 9:30 a.m. on October 30,
2013, at the U.S. International Trade
Commission Building. Oral testimony
and written materials to be submitted at
the public hearing are governed by
sections 201.6(b)(2), 201.13(f), and
207.24 of the Commission’s rules.
Parties must submit any request to
present a portion of their hearing
testimony in camera no later than 7
business days prior to the date of the
hearing.
Written submissions.—Each party
who is an interested party shall submit
a prehearing brief to the Commission.
Prehearing briefs must conform with the
provisions of section 207.23 of the
E:\FR\FM\30JYN1.SGM
30JYN1
Agencies
[Federal Register Volume 78, Number 146 (Tuesday, July 30, 2013)]
[Notices]
[Pages 45965-45968]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-18283]
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DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
[Docket No. BOEM-2013-0020; MMAA104000]
Research Lease on the Outer Continental Shelf (OCS) Offshore
Virginia, Request for Competitive Interest
AGENCY: Bureau of Ocean Energy Management (BOEM), Interior.
ACTION: Public Notice of an Unsolicited Request for an OCS Research
Lease; Request for Competitive Interest (RFCI); and Request for Public
Comment.
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SUMMARY: The purpose of this public notice is to: (1) Describe the
proposal submitted to BOEM by the Commonwealth of Virginia, Department
of Mines, Minerals and Energy (DMME) to acquire an OCS lease for wind
energy research activities; (2) solicit indications of interest in a
renewable energy lease in the area identified by DMME for substantially
similar wind energy activities; and (3) solicit public input regarding
the proposal, its potential environmental consequences, and the use of
the area in which the proposed project would be located.
On February 13, 2013, BOEM received an unsolicited request for a
research lease from DMME. The objective of DMME is to obtain a lease
under 30 CFR 585.238 for renewable energy research activities,
including wind turbine installation and operational testing and the
installation of metocean monitoring equipment. The objective of the
DMME proposal is to design, develop, and demonstrate a grid-connected
12 megawatt (MW) offshore wind test facility on the OCS off the coast
of Virginia.
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
(43 U.S.C. 1337(p)(3)), and the implementing regulations at 30 CFR Part
585.
DATES: If you are submitting an indication of interest in acquiring a
renewable energy lease for the area proposed by DMME, your submission
must be sent by mail, postmarked no later than August 29, 2013 for your
[[Page 45966]]
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 eRulemaking
Portal at https://www.regulations.gov, also by this same date.
Submission Procedures: If you are interested in obtaining a
renewable energy lease for the area requested by DMME, you should
submit detailed and specific information as described in the section
entitled ``Required Indication of Interest Information.'' Please submit
this material 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 August
29, 2013 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 interest on the BOEM Web site after
the 30-day comment period has closed.
If you are submitting comments or other information concerning the
proposed research lease area, you may use either of the following two
methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. In the
entry entitled, ``Enter Keyword or ID,'' enter BOEM-2013-020, 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 indication of
interest or comment, 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 the Federal eRulemaking Portal at https://www.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: Mr. Casey Reeves, Renewable Energy
Program Specialist, BOEM, Office of Renewable Energy Programs, 381
Elden Street, HM-1328, Herndon, Virginia 20170; phone (703) 787-1320.
SUPPLEMENTARY INFORMATION:
Purpose of the RFCI
Responses to this public notice will allow BOEM to determine,
pursuant to subsection 8(p)(3) of the OCS Lands Act, whether or not
there is competitive interest in acquiring an OCS renewable energy
lease in the area requested by DMME. If BOEM receives no competing
indications of interest for a lease in response to this notice, BOEM
may decide to move forward with the research leasing process using the
procedures described in 30 CFR 585.238(d).
This notice also provides an opportunity for interested
stakeholders to comment on the proposed project and its potential
impacts. BOEM will consider all comments received when deciding whether
and how to move forward with the research leasing process.
DMME's Proposed Research Activities
DMME's proposed research activities are described in their
unsolicited request for a research lease, which is available at the
following URL: https://www.boem.gov/Renewable-Energy-Program/State-Activities/Virginia.aspx.
Description of the Proposed Research Lease Area
The proposed research lease area consists of six OCS sub-blocks (an
OCS sub-block is 1,200 meters by 1,200 meters in area). The following
table describes the OCS sub-blocks that comprise the proposed research
lease area.
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Block Sub
Protraction name Protraction No. No. bock
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Currituck Sound................... NJ18-11............ 6061 H,L,P
Currituck Sound................... NJ18-11............ 6111 D,H,L
------------------------------------------------------------------------
Map of the Area
A map of the area proposed by DMME and included in this RFCI can be
found at the following URL: https://www.boem.gov/Renewable-Energy-Program/State-Activities/Virginia.aspx. A large scale map of the RFCI
area showing boundaries of the area with the 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.
The six sub-blocks requested by DMME are located immediately
adjacent to the western edge of the Virginia Wind Energy Area (WEA).
The Virginia WEA, which consists of more than 19 full OCS blocks, will
be offered for sale in lease sale Atlantic Wind One (ATLW1), as
described in the following section.
Relationship of the DMME Proposal to the Virginia WEA
On July 23, 2013, BOEM published a Final Sale Notice (FSN) in the
Federal Register, announcing the sale of a commercial wind lease on the
OCS offshore Virginia (78 FR 44150-44156).
The area identified for potential commercial wind leasing in the
PSN was delineated through consultation with the BOEM's Virginia
Intergovernmental Task Force and is intended to balance the protection
of environmentally sensitive areas and minimize space-use conflicts
while maximizing the area available for commercial offshore wind
development. The development of the WEA began in December 2009 and the
WEA has been refined since that time, resulting in a area that avoids
sensitive ecological areas offshore the barrier islands, takes
advantage of Class 6 wind speeds, minimizes maritime traffic risk,
avoids military operating and warning areas, and avoids a launch
fallout area east of the NASA Goddard Space Flight Center's Wallops
Flight Facility.
The delineation of the VA WEA was also informed by input received
from stakeholders who commented on the July 12, 2011, Notice of
Availability (NOA) of the draft Environmental Assessment (EA) (76 FR
40926). Among the comments received on the draft EA was a letter dated
August 22, 2011, from the American Waterways Operators (AWO), a
national trade association for the tugboat, towboat and barge industry.
The comment requested that BOEM refrain from leasing OCS Blocks 6011,
6061, 6111, 6161, 6110, and 6160, suggesting that not leasing these
blocks would ``preserve an area currently used by [AWO] members during
inclement weather.'' Based on this concern and on an analysis of ship
traffic data for larger vessels that transit the area, as well as an
assessment conducted by the U.S. Coast Guard, BOEM removed these OCS
blocks from consideration for commercial wind leasing prior to the
publication of the Virginia Call for Information and Nominations (77 FR
5545).
In light of the concerns expressed by AWO, at this time BOEM is not
[[Page 45967]]
considering moving forward with leasing for any wind proposals larger
in scale than DMME's proposed project or outside of the area proposed
by DMME. It does not appear that the proposed lease activity described
in this notice would impair navigational safety. However, authorizing a
wind project within OCS Blocks 6011, 6061, 6111, 6161, 6110, and 6160
larger in scale than DMME's proposed project could cause an
unacceptable level of obstruction to vessel traffic. Accordingly, BOEM
will not consider indication of interest larger in scale than the
project proposed by DMME.
Relationship of the DMME Proposal to the Atlantic Grid Holdings LLC's
ROW Grant Request
On March 31, 2011, Atlantic Grid Holdings LLC submitted an
unsolicited application for a ROW grant, for a buried offshore
electrical transmission cable and infrastructure. A segment of the
proposed cable project that is intended to support commercial
development in the Virginia WEA also occupies the project area proposed
by DMME. Following publication of a notice to determine competitive
interest in the project, BOEM published its determination of no
competitive interest on May 15, 2012, (77 FR 28620). The application
and associated notices can be found at: https://www.boem.gov/Renewable-Energy-Program/State-Activities/Regional-Proposals.aspx.
Required Indication of Interest Information
If you intend to submit an indication of interest for a renewable
energy lease for the area identified in this notice you must provide
the following:
(1) A statement that you wish to acquire an offshore wind lease
within the proposed lease area. For BOEM to consider your indication of
interest, it must include a proposal for the installation of no more
than two WTGs, and may include a proposal for the installation of one
or more metocean facilities. Any interest in an area located outside of
the proposed research lease area should be submitted separately
pursuant to 30 CFR 585.238;
(2) A general description of your objectives and the facilities
that you would use to achieve those objectives;
(3) A general schedule of proposed activities;
(4) Available and pertinent data and information concerning
renewable energy resources and environmental conditions in the area
that you wish to lease, including energy and resource data and
information used to evaluate the area of interest. Where applicable,
spatial information should be submitted in a format compatible with
ArcGIS 9.3 in a geographic coordinate system (NAD 83);
(5) Documentation demonstrating that you are legally qualified to
hold a renewable energy lease as set forth in 30 CFR 585.106 and 107.
Examples of the documentation appropriate for demonstrating your legal
qualifications and related guidance can be found in Chapter 2 and
Appendix B of the Guidelines for the Minerals Management Service
Renewable Energy Framework available at: https://www.boem.gov/Renewable-Energy-Program/Regulatory-Information/Index.aspx. Legal qualification
documents will be placed in an official file that may be made available
for public review. If you wish that any part of your legal
qualification documentation be kept confidential, clearly identify what
should be kept confidential, and submit it under separate cover (see
``Protection of Privileged or Confidential Information Section,''
below); and
(6) Documentation demonstrating that you are technically and
financially capable of constructing, operating, maintaining and
decommissioning the facilities described in your submission. Guidance
regarding the required documentation to demonstrate your technical and
financial qualifications can be found at: https://www.boem.gov/Renewable-Energy-Program/Regulatory-Information/Index.aspx.
It is critical that you provide a complete submission of
competitive interest, including the items identified in (1) through
(6), 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 may 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 vessel usage, recreation, 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; and
(9) Other relevant environmental and socioeconomic 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.
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; or (2) the geographic location of
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.
[[Page 45968]]
Section 304 of the National Historic Preservation Act (16 U.S.C. 470w-
3(a))
BOEM is required, after consultation with the Secretary of the
Interior, to withhold the location, character, or ownership of historic
resources, if it determines that disclosure may, among other things,
cause a significant invasion of privacy, risk harm to the historic
resources or impede the use of a traditional religious site by
practitioners. Tribal entities and other interested parties should
designate information that they wish to be held as `confidential.'
Dated: July 24, 2013.
Tommy P. Beaudreau,
Director, Bureau of Ocean Energy Management.
[FR Doc. 2013-18283 Filed 7-29-13; 8:45 am]
BILLING CODE 4310-MR-P