[Federal Register Volume 77, Number 155 (Friday, August 10, 2012)]
[Notices]
[Pages 47877-47880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-19593]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
[Docket No. BOEM-2012-0003]
Potential Commercial Leasing for Wind Power on the Outer
Continental Shelf (OCS) Offshore Maine; Request for Interest
AGENCY: Bureau of Ocean Energy Management (BOEM), Interior.
ACTION: Public Notice of an Unsolicited Request for a Commercial OCS
Wind Lease, Request for Interest, and Request for Public Comment
-----------------------------------------------------------------------
SUMMARY: The purpose of this public notice is to: (1) Describe the
proposal submitted to BOEM by Statoil North America (Statoil NA) to
acquire an OCS wind lease; (2) solicit public input regarding the
proposal, its potential environmental consequences, and the use of the
area in which the proposed project would be located; and (3) solicit
submissions of indications of competitive interest for a commercial
lease for wind energy development on the OCS off the coast of Maine for
the area identified in this notice.
On October 12, 2011, BOEM received an unsolicited request from
Statoil NA for a commercial wind lease on the OCS offshore Maine.
Statoil NA's proposed project, ``Hywind Maine,'' would consist of four
3-megawatt (MW) wind turbine generators (WTG) configured for a total of
12-MW in water depths greater than 100 meters and be located
[[Page 47878]]
approximately 12 nautical miles (nmi) off the coast of Maine. The
objective of the proposed Hywind Maine Project is to demonstrate the
commercial potential of the existing floating offshore Hywind
technology, while responding to a corresponding Request for Proposals
(RFP) issued by the Maine Public Utilities Commission.
This request for interest 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 585.231(b). Subsection 8(p)(3) of the OCS
Lands Act requires that OCS renewable energy leases, easements, and
rights-of-way (ROWs) be issued ``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.'' This request
for interest provides such public notice for the proposed lease area
requested by Statoil NA 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 Statoil NA, as required by 43 U.S.C. 1337(p)(3). Parties
wishing to obtain a lease for the area requested by Statoil NA 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
multiple uses within the area identified in this notice that would be
relevant to the proposed project or its impacts. BOEM separately
published a Notice of Intent (NOI) to prepare an environmental impact
statement (EIS) concurrently with this request for interest. The NOI
starts the scoping process for the EIS under 40 CFR 1501.7, and
solicits information regarding important environmental issues,
alternatives, and mitigation that should be considered in the EIS. A
detailed description of the proposed lease area can be found in the
section of this notice entitled ``Description of the Area.''
DATES: If you are submitting an indication of interest in acquiring a
lease for the area proposed by Statoil NA, your submission must be sent
by mail, postmarked no later than October 9, 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 http://www.regulations.gov, also by this same date.
SUBMISSION PROCEDURES: If you are submitting an indication of
competitive interest for a lease or comments, please submit them 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 October 9,
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 (CD). BOEM will list the
parties that submit indications of competitive interest on the BOEM Web
site after the 60-day comment period has closed.
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.
If you are submitting comments and other information concerning the
proposed lease area, you may use either of the following two methods:
1. Federal eRulemaking Portal: http://www.regulations.gov. In the
entry entitled ``Enter Keyword or ID,'' enter BOEM-2012-0003, 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.
FOR FURTHER INFORMATION CONTACT: Ms. Aditi Mirani, Renewable Energy
Program Specialist, BOEM, Office of Renewable Energy Programs, 381
Elden Street, HM 1328, Herndon, Virginia 20170, (703) 787-1320.
SUPPLEMENTARY INFORMATION:
Purpose of the Request for Interest
Responses to this public notice will allow BOEM to determine,
pursuant to 30 CFR 585.231, whether or not there is competitive
interest in acquiring an OCS commercial wind lease in the area
requested by Statoil NA. In addition, this notice provides an
opportunity for interested stakeholders to comment on the proposed
lease area and the proposed Hywind Maine project and any potential
impacts the project may have.
If, in response to this notice, BOEM receives one or more
indications of competitive interest for offshore wind energy
development from qualified entities that wish to compete for the
proposed lease area, it may decide to move forward with the lease
issuance process using competitive procedures pursuant to 30 CFR part
585. However, if BOEM receives no competing indications of interest,
BOEM may decide to move forward with the lease issuance process using
the non-competitive procedures contained in 30 CFR part 585.
Should BOEM decide to proceed with issuing a lease in the proposed
lease area, whether competitively or non-competitively, it may provide
the public with additional opportunities to provide input pursuant to
30 CFR Part 585 and applicable laws, such as the National Environmental
Policy Act (NEPA). The BOEM competitive and noncompetitive leasing
processes are outlined in 30 CFR 585, subpart B.
Determination of Competitive Interest and Leasing Process
After the publication of this announcement, BOEM will evaluate
indications of competitive interest for the area requested by Statoil
NA for acquiring a commercial lease on the OCS. At the conclusion of
the comment period for this public notice, BOEM will review the
submissions received, undertake a completeness review for those
submissions and qualifications review of the nominating entities, and
make a determination as to whether competitive interest exists.
If BOEM determines that there is no competitive interest in the
proposed lease 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 lease issuance process pursuant to 30
CFR 585.231, and Statoil NA would be required to submit any required
plan(s). Whether following competitive or non-competitive procedures,
BOEM will consult with the intergovernmental Task Force and will
[[Page 47879]]
comply with all applicable requirements before making a decision on
whether or not to issue a lease and approve, disapprove, or approve
with modifications any associated plan(s). BOEM would coordinate and
consult, as appropriate, with relevant Federal agencies, affected
tribes, and affected state and local governments, in issuing a lease
and developing lease terms and conditions. Information on the
environmental review process can be found at: http://www.boem.gov/Renewable-Energy-Program/State-Activities/Maine.aspx. See link entitled
``Environmental Review Process.''
Description of the Proposed Lease Area
The proposed lease area consists of four partial OCS blocks.
Following are the OCS lease blocks in Statoil NA's lease application:
Official Protraction Diagram--NK 19-02 Bath; blocks 6461, 6462, 6511
and 6512. The table below describes the OCS lease sub-blocks included
within the area of interest.
List of OCS Blocks Included in the Statoil NA Lease Application
----------------------------------------------------------------------------------------------------------------
Protraction name Protraction No. Block No. Sub block
----------------------------------------------------------------------------------------------------------------
Bath................................. NK 19-02............... 6461................... I, J, K, L, M, N, O, P
Bath................................. NK 19-02............... 6462................... E, F, G, H, I, J, K, L,
M, N, O, P
Bath................................. NK 19-02............... 6511................... A, B, C, D, E, F, G, H,
I, J, K, L
Bath................................. NK 19-02............... 6512................... A, B, C, D, E, F, G, H
----------------------------------------------------------------------------------------------------------------
The northern edge of Statoil NA's proposed area is approximately 18
nmi from Boothbay Harbor. The longest measurement of the north/south
portion is approximately 3.9 nmi in length and the longest portion of
the east/west portion is approximately 5.2 nmi in length. The entire
area is approximately 5,760 hectares, 14,233 acres, or 22.2 square
miles. The boundary of the proposed lease area follows the points
listed in the table below in clockwise order. Point numbers 1 and 9 are
the same. Coordinates are provided in X, Y (eastings, northings) UTM
Zone 19N, NAD 83 and geographic (longitude, latitude), NAD83.
----------------------------------------------------------------------------------------------------------------
Point No. X (easting) Y (northing) Longitude Latitude
----------------------------------------------------------------------------------------------------------------
1....................................... 452000 4821600 -69.594183 43.545806
2....................................... 456800 4821600 -69.534767 43.546099
3....................................... 456800 4822800 -69.534862 43.556904
4....................................... 461600 4822800 -69.475435 43.557167
5....................................... 461600 4816800 -69.475011 43.503143
6....................................... 456800 4816800 -69.534385 43.502881
7....................................... 456800 4815600 -69.534290 43.492076
8....................................... 452000 4815600 -69.593653 43.491783
9....................................... 452000 4821600 -69.594183 43.545806
----------------------------------------------------------------------------------------------------------------
Map of the Area
A map of the area proposed by Statoil NA and the area included in
this notice can be found at the following URL: http://www.boem.gov/Renewable-Energy-Program/State-Activities/Maine.aspx.
The non-confidential section of the application may be downloaded
from the Web site. A large scale map of the proposed lease 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.
Required Indication of Interest Information
If you intend to submit an indication of competitive interest for a
lease for the area identified in this notice you must provide the
following:
(1) A statement that you wish to acquire a commercial wind lease
for the proposed lease area (i.e., the entire area as described above).
BOEM will not consider indications of interest valid if they cover less
than the entire proposed lease area or describe any areas outside of
the proposed lease area in this process. Any request for a commercial
wind lease located outside of the proposed lease area should be
submitted separately pursuant to 30 CFR 585.230;
(2) A description of your objectives and the facilities that you
would use to achieve those objectives;
(3) A preliminary schedule of proposed activities, including those
leading to commercial operations;
(4) Available and pertinent data and information concerning
renewable energy resources and environmental conditions in the area
that you wish to lease, including energy and resource data and
information used to evaluate the 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 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 Renewable Energy Framework available at: http://www.boem.gov/Renewable-Energy-Program/Regulatory-Information/Index.aspx. Legal qualification documents will be placed in an official
file that may be made available for public review. If you wish that any
part of your legal qualification documentation be kept confidential,
clearly identify what should be kept confidential, and submit it under
separate cover (see ``Protection of Privileged or Confidential
Information Section'', below); and
(6) Documentation demonstrating that you are technically and
financially capable of constructing, operating, maintaining and
decommissioning the facilities described in (2). Guidance regarding the
documentation that could be used to demonstrate your technical and
financial qualifications can be found at: http://www.boem.gov/Renewable-Energy-Program/Regulatory-Information/Index.aspx. If you wish
[[Page 47880]]
that any part of your technical and financial 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).
Your complete submission, including the items identified in (1)
through (6) must be provided to BOEM in both paper and electronic
formats. BOEM considers an Adobe PDF file stored on a CD to be an
acceptable format for submitting an electronic copy.
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 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) Historic properties potentially affected by the construction of
meteorological towers, the installation of meteorological buoys, or
commercial wind development in the area identified in this notice;
(3) Multiple uses of the area described in this notice, including
navigation (in particular, commercial and vessel usage, recreation, and
commercial and recreational fisheries). During the public information
session following the December 8, 2011, Task Force meeting, several
representatives of commercial and recreational fishing interests
commented on potential impacts to fishing, and BOEM invites additional
comments on this important ocean use as it relates to the proposed
lease area;
(4) Other relevant environmental (e.g. fishery, protected species
and habitat) and socioeconomic information such as archeological
resources, recreational resources, and demographics and employment.
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.
Information that is not labeled as privileged or confidential will be
regarded by BOEM as suitable for public release.
Section 304 of the National Historic Preservation Act (16 U.S.C. 470w-
3(a))
BOEM is required, after consultation with the Secretary, to
withhold the location, character, or ownership of historic resources if
it determines that disclosure may, among other things, 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: August 1, 2012.
Tommy P. Beaudreau,
Director, Bureau of Ocean Energy Management.
[FR Doc. 2012-19593 Filed 8-9-12; 8:45 am]
BILLING CODE 4310-VH-P