Commercial Leasing for Wind Power Development on the Gulf of Maine Outer Continental Shelf (OCS)-Call for Information and Nominations, 25427-25433 [2023-08670]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Ocean Energy Management

[Federal Register Volume 88, Number 80 (Wednesday, April 26, 2023)]
[Notices]
[Pages 25427-25433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08670]


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DEPARTMENT OF THE INTERIOR

Bureau of Ocean Energy Management

[Docket No. BOEM-2023-0025]


Commercial Leasing for Wind Power Development on the Gulf of 
Maine Outer Continental Shelf (OCS)--Call for Information and 
Nominations

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

ACTION: Call for information and nominations; request for comments.

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SUMMARY: This call for information and nominations (Call or notice) 
invites public comment on, and assesses interest in, possible 
commercial wind energy leasing on the U.S. OCS in the Gulf of Maine. On 
August 19, 2022, BOEM initiated the competitive leasing process by 
issuing a request for interest (RFI) to solicit indications of interest 
and other information for BOEM to determine whether competitive 
interest existed for scheduling lease sales. This Call represents the 
next step in the competitive leasing process. The Call area is 
identified and described in section 6 below. Those interested in 
providing comments or information regarding site conditions, resources, 
and multiple uses in close proximity to or within the Call area should 
provide the information requested in section 7, ``Requested Information 
from Interested or Affected Parties,'' under the ``Supplementary 
Information'' heading of this Call. Those interested in leasing within 
the Call area for a commercial wind energy project should provide the 
information described in section 8, ``Required Nomination 
Information,'' under ``Supplementary Information.'' BOEM may or may not 
offer a lease for a commercial offshore wind energy project within the 
Call area after further government consultations, public participation, 
and environmental analyses.

DATES: Your interest in or comments on commercial leasing within the 
Call area must be received by BOEM no later than June 12, 2023. Late 
submissions may not be considered.

ADDRESSES: Please submit nomination information for commercial leasing 
as discussed in section 8 entitled ``Required Nomination Information'' 
electronically via email to [email protected] or hard copy by 
mail to the following address: Zachary Jylkka, Bureau of Ocean Energy 
Management, Office of Renewable Energy Programs, 45600 Woodland Road, 
Mailstop: VAM-OREP, Sterling, VA 20166. If you elect to mail a hard 
copy, also include an electronic copy on a portable storage device. Do 
not submit nominations via the Federal eRulemaking Portal. BOEM will 
list the qualified parties that submitted nominations and the 
aggregated locations of nominated areas on its website after review of 
the nominations.
    Please submit all other comments and information by either of the 
following two methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. In the 
search box at the top of the web page, enter BOEM-2023-0025 and then 
click ``search.'' Follow the instructions to submit public comments and 
to view supporting and related materials.
    2. By mail to the following address: Bureau of Ocean Energy 
Management, Office of Renewable Energy Programs, 45600 Woodland Road, 
Mailstop: VAM-OREP, Sterling, VA 20166.
    Treatment of confidential information is addressed in section 9 of 
this notice entitled ``Protection of Privileged, Personal, or 
Confidential Information.'' BOEM will post all comments received on 
regulations.gov unless labeled as confidential.

FOR FURTHER INFORMATION CONTACT: Zachary Jylkka, Bureau of Ocean Energy 
Management, Office of Renewable Energy Programs, 45600 Woodland Road 
(VAM-OREP), Sterling, Virginia 20166. (978) 491-7732 or 
[email protected].
    For information regarding qualification requirements to hold an OCS 
wind energy lease, contact Gina Best, BOEM Office of Renewable Energy 
Programs, at [email protected] or (703) 787-1341.

SUPPLEMENTARY INFORMATION: 

1. Authority

    This Call is published under subsection 8(p)(3) of the Outer 
Continental Shelf Lands Act (OCSLA), 43 U.S.C. 1337(p)(3), and its 
implementing regulations at 30 CFR 585.210 and 585.211.

2. Purpose

    The OCSLA requires BOEM to award leases competitively unless BOEM 
determines that there is no competitive interest (43 U.S.C. 
1337(p)(3)). The primary purpose of this Call is to collect further 
information and feedback on industry interest, site conditions, 
resources, and ocean uses within, and surrounding, the Call area.
    An essential part of BOEM's renewable energy leasing process is 
working closely with Federal agencies, Tribes, State and local 
governments, industry, and ocean users to identify areas that may be 
suitable for potential offshore wind development to power the Nation. 
BOEM has not yet determined which areas, if any, within the Call area 
may be offered for lease. Your input is essential and will help BOEM 
determine areas that may be suitable for offshore wind development. 
There will be multiple opportunities to provide feedback throughout the 
renewable energy planning and leasing process, including if BOEM 
receives any project proposals in the future. A detailed description of 
the Call area may be found below in section 6, ``Description of Call 
Area.'' For more information about BOEM's competitive and 
noncompetitive leasing processes, please see section 4, ``BOEM's 
Planning and Leasing Process.''

3. Background

    The Energy Policy Act of 2005 amended OCSLA by adding subsection 
8(p)(1)(C), which authorizes the Secretary of the Interior (Secretary) 
to grant leases, easements, and rights-of-

[[Page 25428]]

way (ROWs) on the OCS for activities that are not otherwise authorized 
by law and that produce or support production, transportation, or 
transmission of energy from sources other than oil or gas, including 
renewable energy sources. The Secretary delegated this authority to the 
BOEM Director. On April 29, 2009, the Department of the Interior 
published regulations entitled ``Renewable Energy and Alternate Uses of 
Existing Facilities on the Outer Continental Shelf,'' \1\ which were 
subsequently re-codified at 30 CFR part 585.\2\ The regulations were 
reorganized by final rule on January 31, 2023, transferring certain 
regulations related to safety and enforcement to the Bureau of Safety 
and Environmental Enforcement.\3\
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    \1\ 74 FR 19638 (April 29, 2009).
    \2\ 76 FR 64432 (October 18, 2011).
    \3\ 88 FR 6376 (January 31, 2023).
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    In March 2021, the Biden-Harris administration established the goal 
to deploy 30 gigawatts (GW) of offshore wind energy capacity by 2030. 
Last year, the Biden-Harris administration announced expanded plans to 
grow the floating offshore wind energy industry, and set a target to 
deploy 15 GW of floating offshore wind energy capacity by 2035. BOEM is 
committed to both of these ambitious goals. BOEM is responsibly 
fostering the growth of offshore wind energy capacity and participating 
in collaborative, data-based planning to inform decisions involving 
shared ocean resources and the many users that depend on them.
    BOEM appreciates the importance of coordinating its planning with 
other OCS users, regulators, and relevant Federal agencies including, 
but not limited to, the U.S. Fish and Wildlife Service, the National 
Park Service, the U.S. Army Corps of Engineers, the U.S. Coast Guard 
(USCG), the National Oceanic and Atmospheric Administration (NOAA), and 
the Department of Defense (DOD). BOEM also regularly coordinates with, 
and requests input from, the Northeast Regional Ocean Council, which 
includes federally recognized Tribes, Federal and State agencies, and 
fishery management councils. BOEM also uses information contained in 
the Northeast Ocean Data Portal \4\ in its decision-making, among other 
sources of information, because the portal includes maps of marine 
life, habitat areas, cultural resources, transportation links, fishing 
areas, and other human uses that must be considered when offshore 
energy or other infrastructure projects are proposed.
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    \4\ The Northeast Ocean Data Portal (maintained by the Northeast 
Regional Ocean Council https://www.northeastoceandata.org/) draws 
upon data from the MarineCadastre.gov national data portal, which 
was developed through a partnership between NOAA and BOEM. 
MarineCadastre.gov is an integrated marine information system that 
provides data, tools, and technical support for ocean and Great 
Lakes planning, designed specifically to support renewable energy 
siting on the OCS, but also used for other ocean-related efforts and 
recognized by regional ocean governance groups as the central place 
for authoritative Federal ocean data, metadata, and map services.
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    In 2019, BOEM received a letter from Governor Sununu of New 
Hampshire, requesting the establishment of an intergovernmental 
offshore wind renewable energy task force for the State. Given the 
regional interest in offshore wind energy development, BOEM decided to 
establish the Gulf of Maine Intergovernmental Renewable Energy Task 
Force (``Task Force''), which comprises Federal officials and elected 
Tribal, State, and local officials (or their designated employees with 
authority to act on their behalf) from Maine, New Hampshire, and 
Massachusetts. Two Task Force meetings have been held to date: on 
December 12, 2019, and May 19, 2022. Materials from the Task Force 
meetings are available on the BOEM website at: https://www.boem.gov/renewable-energy/state-activities/maine/gulf-maine.

4. BOEM's Planning and Leasing Process

a. Determination of Competitive Interest

    Subsection 8(p)(3) of OCSLA states that ``the Secretary shall issue 
a lease, easement, or right-of-way . . . on a competitive basis unless 
the Secretary determines after public notice of a proposed lease, 
easement, or right-of-way that there is no competitive interest.''
    If BOEM determines that competitive interest exists in acquiring a 
lease to develop offshore wind energy and the areas within the Call 
area are appropriate to lease, BOEM may hold one or more competitive 
lease sales for those areas. If BOEM holds a lease sale, all qualified 
bidders, including bidders that did not submit a nomination in response 
to this Call, will be able to participate in the lease sale.
    BOEM reserves the right to refrain from offering for lease any 
areas that are nominated as a result of this Call and to modify 
nominated areas before offering them for lease.

b. Competitive Leasing Process

    BOEM will follow the remaining steps required by 30 CFR 585.211 
through 585.225 if it decides to proceed with the competitive leasing 
process after analyzing the responses to this Call. Those steps are:

    (1) Area Identification: Based on all the information received, 
including information in response to this Call, BOEM will identify 
areas for environmental analysis and consideration for leasing. 
Those areas will constitute wind energy areas (WEAs) and will be 
subject to environmental analysis in consultation with appropriate 
Federal agencies, federally recognized Tribes, State and local 
governments, and other interested parties. Before finalizing the 
WEAs, BOEM has committed to publishing draft WEAs and will hold a 
30-day comment period with a docket on Regulations.gov.
    (2) Proposed Sale Notice (PSN): If BOEM decides to proceed with 
a competitive lease sale within the WEAs, BOEM will publish a PSN in 
the Federal Register with a comment period of 60 days. The PSN will 
describe the areas BOEM intends to offer for leasing, the proposed 
conditions of a lease sale, the proposed auction format of the lease 
sale, and the lease instrument, including proposed lease addenda. 
Additionally, the PSN will describe the criteria and process for 
evaluating bids in the lease sale.
    (3) Final Sale Notice (FSN): After considering the comments on 
the PSN and completing its environmental analysis and consultations, 
if BOEM decides to proceed with a competitive lease sale, it will 
publish an FSN in the Federal Register at least 30 days before the 
date of the lease sale.
    (4) Bid Submission and Evaluation: Following publication of the 
FSN in the Federal Register, BOEM will offer the lease areas through 
a competitive sale process, using procedures specified in the FSN. 
BOEM will review the sale, including bids and bid deposits, for 
technical and legal adequacy. BOEM will ensure that bidders have 
complied with all applicable regulations. BOEM reserves the right to 
reject any and all bids and to withdraw an offer to lease an area, 
even after bids have been submitted.
    (5) Issuance of a Lease: Following identification of the winning 
bidder on a lease area, BOEM will notify that bidder and provide the 
lease documents for signature.

5. Development of the Call Area

    Following the RFI comment period, which closed on October 3, 2022, 
BOEM analyzed all submissions and identified recurring themes around 
recommended areas for removal from leasing consideration, areas of 
significant concern, and key datasets. This analysis, conducted in 
partnership with the NOAA National Centers for Coastal Ocean Science 
(NCCOS), resulted in the boundaries of a draft Call area (see section 
5.a for more information on the BOEM/NCCOS partnership). The draft Call 
area was posted on BOEM's website on January 10, 2023, and was the 
subject of a series of in-person and virtual information exchanges 
throughout January and February 2023. During the information exchanges, 
BOEM solicited

[[Page 25429]]

feedback on the draft Call area and the proposed approach for the 
eventual identification of WEAs.
    These information exchanges varied in approach, with in-person 
meetings intended for a broad audience, and virtual meetings focused on 
specific ocean users and resource concerns (e.g., shipping and maritime 
transportation, commercial and recreational fisheries, environment, and 
wildlife). To see draft Call area meeting dates and materials, visit: 
https://www.boem.gov/renewable-energy/state-activities/gulf-maine-draft-call-area-engagement-meetings. BOEM also engaged in discussions 
with several Federal agencies and Tribal and State governments before 
deciding upon the Call area boundaries.
    Responses to the Call will assist BOEM in identifying portions of 
the OCS that require further analysis. That analysis includes comparing 
commercial nominations with public comments submitted in response to 
this Call so that potential use conflicts can be analyzed before WEAs 
are designated (area identification). BOEM's analysis during area 
identification will further evaluate the appropriateness of the Call 
area for offshore wind energy development, balanced with potential 
ocean user conflicts. BOEM will consider information from environmental 
reviews, consultations, public comments, and continued coordination 
with the Task Force. Consequently, BOEM anticipates designating 
specific WEAs within the Call area and developing lease terms and 
conditions to mitigate any possible adverse impacts from leasing and 
site assessment activities.

a. BOEM/NCCOS Partnership

    In September 2022, BOEM announced enhancements to its area 
identification process. These changes included a commitment to using 
the best available science and modeling approaches, including a 
partnership with NCCOS to employ a spatial model that analyzes entire 
marine ecosystems to identify the best areas for wind energy sites. 
NCCOS and BOEM are leveraging a team of expert spatial planners, marine 
and fisheries scientists, project coordinators, environmental policy 
analysts, and other subject matter experts to develop the Gulf of Maine 
Offshore Wind Suitability Model (suitability model). The team conducted 
initial spatial analyses of the RFI area, relying largely on RFI 
comments, to remove areas from the draft Call area boundaries. BOEM and 
NCCOS intend to use the same methods previously applied to offshore 
wind energy siting efforts in the Gulf of Mexico and Central Atlantic 
to inform Gulf of Maine draft WEAs. NCCOS's spatial modeling approach 
provides a powerful tool for identifying areas that are most suitable 
for offshore wind energy development. Additionally, BOEM intends for 
this partnership and modeling approach to enhance transparency, improve 
engagement, and provide a consistent, reproducible methodology for 
understanding and deconflicting ocean space.

b. Coordination With DOD

    The DOD has conducted a preliminary assessment of compatibility 
between offshore wind energy development and DOD activities in the Gulf 
of Maine. At the May 2022 task force meeting, the Military Aviation and 
Installation Assurance Siting Clearinghouse (``DOD Clearinghouse'') \5\ 
identified several concerns that will need to be evaluated further as 
BOEM advances in its planning process and refines possible WEAs. DOD 
operations and missions that potentially may be affected and will 
require additional analysis include:
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    \5\ For more on the DOD Clearinghouse's authority and mission, 
visit: https://www.acq.osd.mil/dodsc/about/.
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     North American Aerospace Defense Command long-range radar;
     U.S. Navy sea trials of Arleigh Burke-class destroyers 
conducted in the vicinity of Bath, ME;
     Naval Computer and Telecommunications Area Master Station 
Atlantic: Detachment Cutler operations;
     Special Use Airspace Warning Area W-103: Air National 
Guard training area.
    The DOD Clearinghouse prefers that BOEM avoid the entirety of W-103 
but recognizes that a number of ocean use considerations exist in the 
area. The DOD Clearinghouse is willing to take a closer look at 
potential compatibility with offshore wind energy development should 
BOEM identify areas within W-103 in a later phase of the planning 
process.
    BOEM may refine portions of the Call area during the area 
identification process should DOD issue an updated compatibility 
assessment between its activities and commercial offshore wind energy 
development. DOD assessments typically identify wind energy exclusion 
areas and areas that may require site-specific conditions and 
stipulations to ensure offshore wind energy facilities are compatible 
with DOD activities. These stipulations may include, among others: hold 
and save harmless agreements; mandatory coordination with DOD on 
specified activities; restrictions on electromagnetic emissions; and 
evacuation procedures from the lease area for safety reasons when 
notified by the DOD. BOEM may remove from leasing consideration any OCS 
blocks identified as incompatible with DOD's activities in the updated 
assessment.

c. Coordination With USCG

    On April 6, 2023, USCG published notice of a final report titled 
``Port Access Route Study: Approaches to Maine, New Hampshire, 
Massachusetts'' (MNMPARS) (USCG-2022-0047-0062) in the Federal 
Register.\6\ BOEM is aware of potential conflicts with the recommended 
fairways published in the MNMPARS. BOEM is working closely with USCG to 
ensure WEAs and fairways are deconflicted during area identification 
and subsequent phases of the leasing process.
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    \6\ 88 FR 20547 (April 6, 2023).
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6. Description of Call Area

    To determine the boundaries of the Call area, BOEM analyzed 
comments received in response to the RFI.\7\ Through this analysis, 
BOEM identified key themes and focused on areas where a considerable 
number of comments and supporting information pointed to: a) 
overlapping conflicts and b) recommendations for area exclusions where 
established boundaries protect against existing ocean activities (e.g., 
habitat management areas). NCCOS supported this effort and analysis 
through the development of a ``constraints model.'' This model 
incorporated RFI comment recommendations and spatial data referenced in 
BOEM's Gulf of Maine Data Inventory (released with the RFI in August 
2022 and available on BOEM's website: https://www.boem.gov/renewable-energy/state-activities/maine/gulf-maine). Areas considered as 
constraints and removed from the Call area include (note: several of 
these areas overlapped with one another):
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    \7\ 87 FR 51129 (August 19, 2022).

 Areas within 20 nautical miles (nm) of the coastline (not 
including islands)
 Groundfish closure areas
 Closed Area I North
 Gulf of Maine cod spawning protection area
 Habitat management areas
 Coral protection areas
 Traffic separation schemes (2 nm setback from the sides; 5 nm 
setback from the entry and exit)
 Jeffreys Ledge (depths shallower than 120 meters)

[[Page 25430]]

 Jordan Basin Dedicated Habitat Research Area
 Areas identified as ``critical'' and ``high'' impact zones for 
next generation and terminal doppler weather radar systems (0-35 
kilometers from radar installations identified by NOAA National Weather 
Service)
 Environmental Protection Agency designated ocean disposal 
sites
 Environmental sensors and buoys identified by NOAA's Marine 
Environmental Buoy Database
 Liquid natural gas installations and pipelines

    In addition to the constraint areas listed above, BOEM removed from 
the Call area an OCS maritime area claimed by both Canada and the 
United States that was previously included in the RFI. BOEM determined, 
in consultation with the U.S. Department of State, that consideration 
of leasing in this area of territorial dispute, otherwise referred to 
as ``the Gray Zone'' in the vicinity of Machias Seal Island and North 
Rock, would negatively affect the prospects for resolution of this 
maritime dispute as well as the underlying territorial dispute 
regarding Machias Seal Island and North Rock. BOEM and the U.S. 
Department of State are coordinating closely with the Government of 
Canada, including Natural Resources Canada, Canada Energy Regulator, 
the Canada-Nova Scotia Offshore Petroleum Board, and the Canada 
Newfoundland Labrador Offshore Petroleum Board. BOEM welcomes Canadian 
feedback on all elements of this Call.
    BOEM also took action to refine the southern boundary of the draft 
Call area. As explained in the RFI development framework (available 
here: https://www.boem.gov/sites/default/files/documents/renewable-energy/state-activities/Gulf%20of%20Maine%20RFI%20Development%20Framework_05092022.pdf), BOEM 
intended to establish the southern boundary of the draft Call area so 
that the area included only the physiographic, oceanographic, and 
biotic variables that together uniquely define the Gulf of Maine. The 
goal of this approach was avoiding Georges Bank. Comments on the RFI 
and feedback provided during the draft Call area information exchanges 
suggested that portions of Georges Bank remained in the draft Call area 
and should be removed. Given that was BOEM's goal, BOEM is following a 
recommendation of the New England Fishery Management Council to remove 
from the Call area those areas that intersect with the 140-meter line 
of bathymetry to avoid Georges Bank. (BOEM derived the 140-meter 
contour line from the NOAA coastal relief bathymetry raster model, 
available here: https://www.ncei.noaa.gov/products/coastal-relief-model.)
    The Call Area exclusions detailed above resulted in an 
approximately 29 percent reduction in comparison to the RFI Area. The 
Call Area consists of 9,804,429 acres located off the coasts of 
Massachusetts, New Hampshire, and Maine (see Figure 1). The map 
depicting the Call Area, and a spreadsheet listing its specific OCS 
blocks are available for download on the BOEM website at https://www.boem.gov/renewable-energy/state-activities/maine/gulf-maine.
BILLING CODE 4340-98-P
[GRAPHIC] [TIFF OMITTED] TN26AP23.000

BILLING CODE 4340-98-C

[[Page 25431]]

    BOEM recognizes that the Call area still includes areas that are 
conflicted by existing ocean uses (e.g., fishing, shipping) and by 
sensitive habitat that are important to the conservation and recovery 
of protected species. BOEM requests additional information on these 
areas through this notice and will use the NCCOS model to assist in the 
identification of areas suitable for WEAs through the next phase of the 
planning process.

7. Requested Information From Interested or Affected Parties

    BOEM requests comments regarding the following features, 
activities, mitigations, or concerns within or around the Call area. 
Commenters should be as specific and detailed as possible to help BOEM 
understand and address the comments. Where applicable, spatial 
information should be submitted in a format compatible with ESRI ArcGIS 
(ESRI shapefile or ESRI file geodatabase) in the NAD 83 geographic 
coordinate system.

a. BOEM and NCCOS Suitability Modeling

    i. In partnership with NCCOS (described in section 5.a), BOEM 
published a list of the datasets it plans to use to inform the WEA 
suitability model. The datasets are available at https://www.boem.gov/renewable-energy/state-activities/maine/gulf-maine. BOEM requests 
comments on the identified datasets and information responsive to the 
following questions: Are these data the best available? Do the data 
reflect the most relevant and important time series and ranges? Are 
there any known gaps or limitations in the data?
    ii. Transmission--BOEM requests recommendations on data to inform 
suitability modeling for areas between the Call area and the coastline. 
This work would build upon the data and approach used in the WEA site 
suitability model. Working with our partners in Tribal, State, and 
local governments will be essential for procuring available data and 
identifying data gaps.

b. Call Area: Areas Requiring Further Analysis

    Through the draft Call area information exchange meetings in 
January 2023, BOEM identified several areas that have not been removed 
and require further analysis. This list reflects areas that BOEM heard 
about most frequently during meetings and through feedback, but is not 
exhaustive. BOEM currently plans to include all these areas in the WEA 
suitability model (described in section 5.a), which could result in a 
finding that they have low or high suitability for offshore wind. 
However, BOEM asks for additional information on the specific areas 
listed below to inform whether alternative action may be necessary 
(e.g., removing or constraining the areas prior to running the 
suitability model). Specifically, BOEM seeks data and science-based 
justifications for how boundaries and any buffers or setbacks should be 
determined for these areas (in the cases where none presently exist), 
as well as information regarding whether or not any effects from 
floating offshore wind could be mitigable.
i. Atlantic Large Whale Take Reduction Plan (ALWTRP) Restricted Areas
    ALWTRP restricted areas place seasonal restrictions on commercial 
lobster and crab trap and pot fisheries to reduce serious injuries and 
mortalities to North Atlantic right whales, humpback, and fin whales.
ii. Platts Bank
    Several commentors identified Platts Bank as a sensitive area with 
complex habitat that supports numerous productive commercial fisheries.
iii. Georges Bank
    As described in section 6, BOEM removed areas from the southern 
edge of the Call area along the 140-meter line of bathymetry to avoid 
Georges Bank. However, BOEM recognizes that the boundary between the 
Gulf of Maine and Georges Bank is a sensitive habitat area, 
contributing to oceanic processes such as upwelling, while also 
supporting important fisheries, such as scalloping grounds.
iv. Lobster Management Area (LMA) 1
    Several commentors recommended BOEM avoid leasing in LMA 1 due to 
the high density of lobster fishing activity and importance of this 
fishery to coastal economies and cultural heritage. BOEM removed from 
the Call area portions of LMA 1, though some overlap remains.
    c. In addition to the areas listed in section 7.b above, BOEM seeks 
information about potentially conflicting uses of the Call area, 
including, but not limited to:
    i. Recreational and commercial fishery use of the Call area, 
including the types of fishing gear used and the potential 
compatibility (if any) of those gear types with floating offshore wind 
installations. Please include any recommendations for reducing current 
use conflicts and how to treat any anticipated redistribution of 
targeted species (and their habitat and prey) as a result of climate 
change.
    ii. Habitat areas that may require special attention during siting 
and construction.
    iii. Areas that are of particular importance to protected species, 
as well as recommendations on how to treat any anticipated 
redistribution of these species (and their habitat and prey) as a 
result of climate change.
    iv. Known archaeological and cultural resource sites.
    d. Information regarding the identification of historic properties 
or potential effects to historic properties from leasing, site 
assessment activities (including the construction of meteorological 
towers or the installation of meteorological buoys), or commercial wind 
energy development in the Call area. This includes potential offshore 
archaeological sites or other historic properties within the areas 
described in this notice and onshore historic properties that could 
potentially be affected by renewable energy activities within the Call 
area. This information will inform BOEM's review of future undertakings 
conducted pursuant to section 106 of the National Historic Preservation 
Act (NHPA) and the National Environmental Policy Act (NEPA).
    e. Information relating to visual resources and aesthetics, key 
observation points, the potential impacts of wind turbines and 
associated infrastructure to those resources, and potential strategies 
to help minimize or mitigate any visual effects.
    f. Information regarding the potential for interference with radar 
systems covering the Call area, including, but not limited to, the use 
of surface and airborne radar systems for offshore search and rescue 
operations and for environmental monitoring.
    g. Information on the constraints and advantages of possible 
electrical cable transmission routes, including onshore landing and 
interconnection points for cables connecting offshore wind energy 
facilities to the onshore electrical grid; information regarding future 
demand for electricity in the region.
    h. BOEM is continuing to take a planned approach to transmission, 
including potentially requiring the use of shared infrastructure for 
interconnection, where appropriate. BOEM requests expressions of 
general interest by developers in constructing a backbone transmission 
system, or other shared infrastructure methods that would transport 
electricity generated by wind projects in the Call area to the onshore 
grid. Comments should include a general description of the transmission

[[Page 25432]]

system's proposed path, capacity, technologies proposed, and potential 
interconnection points. Feedback may also include comment from 
potential lessees on ways to better incentivize use of shared 
infrastructure for transmission.
    i. Information regarding the size and number of WEAs, taking into 
consideration the offshore wind energy goals of States surrounding the 
Call area. BOEM requests further information on what additional factors 
should be considered in determining the size and number of WEAs, 
including factors specifically related to the deployment of floating 
wind turbine technology.
    j. Information regarding spatial data on lobster fishery effort and 
revenue for LMAs 1 and 3. BOEM recognizes that there is a general 
deficiency in lobster data within the Gulf of Maine and seeks 
recommendations on best available data. BOEM also requests information 
regarding the timeline for the availability of new data that will be 
collected as a result of recent changes in monitoring and reporting 
requirements.
    k. Information regarding potential auction formats that BOEM may 
consider as part of the leasing process. In particular, BOEM is 
interested in feedback regarding the use of bidding credits as a part 
of a multi-factor auction. In determining the winning bidder, how 
should BOEM consider factors such as supply chain investments, 
workforce training commitments, commitments to connect to a regional or 
inter-regional transmission solution, nature-inclusive design, and 
compensatory mitigation to fisheries potentially impacted by wind 
energy development in the Call area? Are there other factors BOEM 
should consider in a multi-factor auction?
    l. Are there impact considerations BOEM should be aware of between 
the different floating wind turbine foundation, mooring, and anchor 
technologies as they relate to the Gulf of Maine? BOEM is also 
interested in information regarding foundation type impacts on 
potential port infrastructure opportunities and operations and on 
maintenance practices, specifically when considering greater 
transmission distance and deeper water depth.
    m. Feedback on possible offshore wind farm configurations. It is 
not currently clear what avoidance buffers or distance requirements may 
be proposed for floating wind turbines, mooring lines, and dynamic 
cables. The 1 x 1 nm grid developed for fixed foundation wind farms 
proposed on the OCS offshore Rhode Island and Massachusetts may not be 
the most suitable layout for floating wind farms. Thus, considerations 
for the spacing and possible clustering of turbine arrays to allow for 
navigation and fishing access near and through floating wind farms must 
be considered.
    n. Information related to Tribal Nations in the Gulf of Maine and 
interactions with potential offshore wind energy facilities, such as 
potential impacts to Tribal cultural practices; lands; treaty rights; 
resources; ancestral lands; sacred sites, including sites that are 
submerged; and access to traditional areas of cultural or religious 
importance on federally managed lands and waters; and the ability of a 
Tribe to govern or provide services to its members.
    o. Socioeconomic information for communities potentially affected 
by wind energy leasing in the Call area, including community profiles, 
vulnerability and resiliency data, and information on environmental 
justice communities. BOEM also solicits comments on how best to 
meaningfully engage with these communities.
    p. Information on coastal or onshore activities needed to support 
offshore wind development, such as port and transmission 
infrastructure, and associated potential impacts to recreation, scenic, 
cultural, historic, and natural resources relating to those activities.
    q. Any other relevant information that you think BOEM should 
consider during its planning and decision-making process for the 
purpose of identifying areas to lease within the Call area.

8. Required Nomination Information

    BOEM published the indications of competitive interest for a wind 
energy lease received in response to the RFI on its website, including 
both a heatmap of all the indications of competitive interest and maps 
identifying areas of interest by individual company. BOEM has received 
information that its practice of publishing the areas nominated by each 
qualified company in response to a Call may disincentivize entities 
from submitting nominations. Nominations and the accompanying rationale 
are extremely useful to help BOEM understand and model the commercial 
viability of portions of the OCS. Therefore, BOEM will not publish 
individual maps of each company's nominations received in response to 
this Call. We will publish a heatmap that shows an aggregated view of 
all the nominations and a list of the qualified companies that 
submitted nominations. Where applicable, spatial information should be 
submitted in a format compatible with ESRI ArcGIS (ESRI shapefile or 
ESRI file geodatabase) in the NAD 83 geographic coordinate system.
    If you wish to nominate one or more areas for a commercial wind 
energy lease within the Call area, you must provide the following 
information for each nomination:
    (a) The BOEM protraction name, number, and the specific whole or 
partial OCS blocks within the Call area that you are interested in 
leasing. If your nomination includes one or more partial blocks, please 
describe those partial blocks in terms of sixteenths (i.e., sub-block) 
of an OCS block. Each area you nominate should be sized appropriately 
to accommodate the development of a reasonable wind energy facility 
(e.g., a facility with the generation capacity of up to 1,500 
megawatts). For context, BOEM would consider the nomination of an area 
containing 150,000 acres appropriate to support a generation capacity 
of up to 1,500 megawatts (assuming a conservative power density of 0.01 
megawatts per acre). Nominations that considerably exceed the acreage 
needed to support a generation capacity of up to 1,500 megawatts, such 
as a nomination for the entire Call area, may be deemed unreasonable 
and not accepted by BOEM.
    (b) A rationale describing why the areas nominated were selected. 
The more detailed the rationale provided, the more informative it will 
be to BOEM's process. BOEM is particularly interested in how factors 
like wind speed, water depth, seafloor slope and bottom type, and 
interconnection points factor into the nomination process.
    (c) A description of your objectives and the facilities that you 
would use to achieve those objectives.
    (d) A preliminary schedule of proposed activities, including those 
leading to commercial operations.
    (e) Available and pertinent data and information concerning 
renewable energy resources and environmental conditions in each area 
that you wish to lease, including energy and resource data, and other 
information used to evaluate the area.
    (f) Documentation demonstrating that you are legally, technically, 
and financially qualified to hold an OCS wind energy lease, as set 
forth in 30 CFR 585.107-585.108. Qualification materials should be 
developed in accordance with the guidelines available at https://www.boem.gov/Renewable-Energy-Qualification-Guidelines/. For examples 
of documentation appropriate for demonstrating your legal 
qualifications and related guidance, contact Gina Best, BOEM Office of 
Renewable Energy

[[Page 25433]]

Programs, at [email protected] or 703-787-1341.

9. Protection of Privileged, Personal, or Confidential Information

a. Freedom of Information Act

    BOEM will protect privileged or confidential information that you 
submit when required by the Freedom of Information Act (FOIA). 
Exemption 4 of FOIA applies to trade secrets and commercial or 
financial information that is privileged or confidential. If you wish 
to protect the confidentiality of such information, clearly label it 
and request that BOEM treat it as confidential. BOEM will not disclose 
such information if BOEM determines under 30 CFR 585.114(b) that it 
qualifies for exemption from disclosure under FOIA. Please label 
privileged or confidential information ``Contains Confidential 
Information'' and consider submitting such information as a separate 
attachment.
    BOEM will not treat as confidential any aggregate summaries of such 
information or comments not containing such privileged or confidential 
information. Information that is not labeled as privileged or 
confidential may be regarded by BOEM as suitable for public release.

b. Personally Identifiable Information

    BOEM encourages you not to submit anonymous comments. Please 
include your name and address as part of your comment. You should be 
aware that your entire comment, including your name, address, and any 
personally identifiable information (PII) included in your comment, may 
be made publicly available. All submissions from identified 
individuals, businesses, and organizations will be available for public 
viewing on regulations.gov. Note that BOEM will make available for 
public inspection all comments, in their entirety, submitted by 
organizations and businesses, or by individuals identifying themselves 
as representatives of organizations or businesses.
    For BOEM to consider withholding your PII from disclosure, you must 
identify any information contained in your comments that, if released, 
would constitute a clearly unwarranted invasion of your personal 
privacy. You must also briefly describe any possible harmful 
consequences of the disclosure of information, such as embarrassment, 
injury, or other harm. Even if BOEM withholds your information in the 
context of this rulemaking, your submission is subject to FOIA and, if 
your submission is requested under the FOIA, your information will only 
be withheld if a determination is made that one of the FOIA's 
exemptions to disclosure applies. Such a determination will be made in 
accordance with the Department's FOIA regulations and applicable law.

c. Section 304 of the NHPA (54 U.S.C. 307103(a))

    After consultation with the Secretary, BOEM is required 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.

10. BOEM's Environmental Review Process

    Before deciding whether leases may be issued, BOEM will prepare an 
environmental assessment (EA) under NEPA (including public comment 
periods to determine the scope of the EA and to review and comment on 
the draft EA). The EA will analyze anticipated impacts from leasing and 
site characterization and assessment activities that BOEM may approve 
after a lease is issued. Site characterization activities include 
geophysical, geotechnical, archaeological, and biological surveys; site 
assessment activities include installation and operation of 
meteorological buoys. BOEM also will conduct appropriate consultations 
with Federal agencies and Tribal, State, and local governments during 
the EA. These consultations include, but are not limited to, those 
required by the Coastal Zone Management Act, the Magnuson-Stevens 
Fishery Conservation and Management Act, Endangered Species Act, 
section 106 of the NHPA, and Executive Order 13175, ``Consultation and 
Coordination with Indian Tribal Governments.''
    Before BOEM may allow the construction of a wind energy project in 
the Call area, a construction and operations plan (COP) needs to be 
submitted and approved by BOEM. Prior to the approval of a COP, BOEM 
will need to consider the potential environmental effects of the 
construction and operation of any wind energy facility under a 
separate, project-specific NEPA analysis. This analysis will include 
additional opportunities for public involvement and may result in the 
publication of an environmental impact statement.

Elizabeth Klein,
Director, Bureau of Ocean Energy Management.
[FR Doc. 2023-08670 Filed 4-25-23; 8:45 am]
BILLING CODE 4340-98-P