[Federal Register Volume 79, Number 102 (Wednesday, May 28, 2014)]
[Notices]
[Pages 30645-30651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-12065]
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DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
[Docket No. BOEM-2013-0087; MMAA104000]
Commercial Leasing for Wind Power Development on the Outer
Continental Shelf (OCS) Offshore New York--Call for Information and
Nominations (Call)
AGENCY: Bureau of Ocean Energy Management (BOEM), Interior.
ACTION: Call for Information and Nominations for Commercial Leases for
Wind Power Development on the Outer Continental Shelf Offshore New
York.
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SUMMARY: BOEM invites submissions of nominations from parties
interested in obtaining one or more commercial leases that would allow
a lessee to propose the construction of a wind energy project(s) on the
OCS offshore New York. Although the publication of this notice is not
itself a leasing announcement, the area described herein may be subject
to future leasing. Parties wishing to submit a nomination in response
to this Call should submit detailed and specific information as
described in the section entitled, ``Required Nomination Information.''
Parties that have previously submitted a nomination in response to the
Request for Interest (RFI) (78 FR 760, published on January 4, 2013) do
not need to resubmit their proposals unless they wish to modify or
update them.
BOEM also requests comments from interested and affected parties
regarding site conditions, resources, and multiple uses of the
identified area that would be relevant to BOEM's review of the
nominations and/or to any subsequent decision concerning whether to
offer all or part of the area for commercial wind leasing. Information
that BOEM is requesting is described in the section entitled,
``Requested Information from Interested or Affected Parties.''
This Call is published pursuant to subsection 8(p)(3) of the OCS
Lands Act (43 U.S.C. 1337(p)(3)), which was added by section 388 of the
Energy Policy Act of 2005 (EPAct), as well as the
[[Page 30646]]
implementing regulations at 30 CFR Part 585.
The Call Area described in this notice is located on the OCS off
the coast of Long Island, New York, beginning approximately 11 nautical
miles (nmi) south of Long Beach, New York. From its western edge, the
area extends approximately 26 nmi southeast at its longest portion. The
project area consists of 5 full OCS blocks and 148 sub-blocks. The
entire area is approximately 127 square miles, 81,130 acres, or 32,832
hectares. Table 1 describes the OCS lease blocks and sub-blocks
included within the area of interest. A detailed description of the
area is presented later in this notice.
DATES: BOEM will only consider nominations describing interest in this
Call Area that are postmarked by July 14, 2014. BOEM requests that
comments and any other information are submitted by this date.
Submission Procedures: If you are submitting a nomination for a
commercial lease in response to this Call, please submit your
nomination by mail to the following address: Bureau of Ocean Energy
Management, Office of Renewable Energy Programs, 381 Elden Street, HM
1328, Herndon, Virginia 20170-4817. In addition to a paper copy of the
nomination, include an electronic copy of the nomination on a compact
disc (CD) or flash drive. Nominations must be postmarked by July 14,
2014. BOEM will list the parties that submitted nominations and the
location of the proposed lease areas (OCS blocks they nominated) on the
BOEM Web site after the 45-day comment period closes.
Comments and other submissions of information may be submitted by
either of the following two methods:
1. Federal eRulemaking Portal: http://www.regulations.gov. In the
entry titled ``Enter Keyword or ID,'' enter BOEM-2013-0087, and then
click ``Search.'' Follow the instructions to submit public comments and
view supporting and related materials available for this notice.
2. By U.S. Postal Service or other delivery service, send your
comments and information to the following address: Bureau of Ocean
Energy Management, Office of Renewable Energy Programs, 381 Elden
Street, HM 1328, Herndon, Virginia 20170-4817.
All responses will be reported on http://www.regulations.gov. If
you wish to protect the confidentiality of your nomination 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 Call entitled,
``Protection of Privileged or Confidential Information.'' Information
that is not labeled as privileged or confidential will be regarded by
BOEM as suitable for public release.
FOR FURTHER INFORMATION CONTACT: Dr. Andrew Krueger, Project
Coordinator, BOEM, Office of Renewable Energy Programs, 381 Elden
Street, HM 1328, Herndon, Virginia 20170-4817, (703) 787-1320, or
[email protected].
SUPPLEMENTARY INFORMATION:
Purpose of the Call for Information and Nominations
The OCS Lands Act requires BOEM to award leases competitively,
unless BOEM makes a determination that there is no competitive interest
(43 U.S.C. 1337(p)(3)). The purpose of this notice is to inform the
public that BOEM has determined that competitive interest exists in the
area identified, solicit any additional expressions of interest in
obtaining a lease in the area identified, and request information from
interested and affected parties on issues relevant to BOEM's review of
nominations for potential leases in the area identified.
Background
Energy Policy Act of 2005 (EPAct)
The EPAct amended the OCS Lands Act by adding subsection
8(p)(1)(c), which authorizes the Secretary of the Interior (Secretary)
to grant leases, easements, or rights-of-way (ROWs) on the OCS for
activities that are not otherwise authorized by law and that produce or
support the production, transportation, or transmission of energy from
sources other than oil or gas. Subsection 8(p) requires the Secretary
to issue regulations to carry out the new energy development authority
on the OCS. The Secretary delegated the authority to issue leases,
easements, and ROWs, and to promulgate regulations to the Director of
BOEM. On April 29, 2009, BOEM promulgated the Renewable Energy and
Alternate Uses rule, 30 CFR Part 585, which can be found at: http://www.boem.gov/Renewable-Energy-Program/Regulatory-Information/Index.aspx#Rules_Development.
Executive Order 13547: Stewardship of the Ocean, Our Coasts, and the
Great Lakes
On July 19, 2010, the President signed an Executive Order
establishing a national ocean policy and the National Ocean Council (75
FR 43023). The Order establishes a comprehensive, integrated national
policy for the stewardship of the ocean, our coasts and the Great
Lakes. Where BOEM actions affect the ocean, the Order requires BOEM to
take such action as necessary to implement this policy, to adhere to
the stewardship principles and national priority objectives adopted by
the Order, and follow guidance from the National Ocean Council.
BOEM appreciates the importance of coordinating its planning
endeavors with other OCS users and regulators. It intends to follow
principles of coastal and marine spatial planning, and coordinate with
the regional planning bodies established by the National Ocean Council,
to inform its leasing processes. BOEM anticipates that continued
coordination with its Intergovernmental Renewable Energy Task Forces
will help inform comprehensive coastal and marine spatial planning
efforts.
Mid-Atlantic Regional Planning Body
The National Ocean Policy also calls for the creation of Regional
Planning Bodies (RPBs) to coordinate and implement regional ocean
planning with state, Federal, tribal, and Fishery Management Council
representatives. The intergovernmental Mid-Atlantic RPB (MidA RPB) was
formally established in April 2013 to leverage existing state and
regional ocean planning efforts and to engage stakeholders and
technical experts at every key step.
The MidA RPB is composed of representatives from New York, New
Jersey, Pennsylvania, Delaware, Maryland, and Virginia. Representatives
from New York are actively engaged in the regional planning body. See
the MidA RPB Web site for additional information: http://www.boem.gov/Mid-Atlantic-Regional-Planning-Body/.
Actions Taken by the State of New York in Support of Renewable Energy
Development
The State of New York has taken important steps to study offshore
wind energy development as well as other forms of renewable energy
production. New York State coordinates renewable energy policies to
strategically harness the many resources that the State can provide to
solar, wind (offshore and land-based), bioenergy, geothermal,
hydrokinetic, storage, and other power supply options. New York has
developed strategies that take into account the opportunities provided
by the diverse renewable resources
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available in different regions of the State. These strategies are
documented in the 2014 Draft New York State Energy Plan, available at:
http://energyplan.ny.gov/Plans/2014.aspx.
BOEM New York Renewable Energy Task Force
In December 2009, the Governor of New York requested that BOEM form
a task force to facilitate intergovernmental communications regarding
OCS renewable energy activities and development offshore New York. The
BOEM New York Renewable Energy Task Force first met in November 2010 to
facilitate coordination among relevant Federal agencies and affected
state, local, and tribal governments throughout the leasing process.
Two subsequent meetings were held in April 2012 and September 2013.
Task Force meeting materials are available on the BOEM Web site at:
http://www.boem.gov/Renewable-Energy-Program/State-Activities/New-York.aspx.
New York Call Area
The Call Area is the same as the area described in the Request for
Interest (RFI) (78 FR 760), which was published in the Federal Register
on January 4, 2013, and is discussed in further detail in the
``Publication of RFI and Responses Received'' section below. BOEM may
adjust this potential leasing area in response to comment submissions
and information received from this notice and the associated Notice of
Intent to Prepare an Environmental Assessment (NOI-EA), described below
in the section entitled, ``Environmental Review.''
Publication of RFI and Responses Received
On September 8, 2011, BOEM received an unsolicited request from the
New York Power Authority (NYPA) for a commercial wind lease on the OCS
offshore New York. NYPA submitted its request on behalf of the ``Long
Island-New York City Offshore Wind Collaborative,'' a public-private
entity consisting of NYPA, the Long Island Power Authority, and
Consolidated Edison Company of New York, Inc. The Collaborative's goal
is to develop the proposed project to supply Long Island and New York
City with renewable energy, consistent with New York State's and the
City of New York's renewable energy initiatives. NYPA's proposed
project, the ``Long Island-New York City Offshore Wind Project,'' is
designed to generate at least 350 megawatts (MW) of electricity from
offshore wind resources, with the ability to expand generation capacity
to as much as 700 MW. The project would be located approximately 11 nmi
south of Long Beach, New York, in water depths ranging from 60 to 120
feet.
In subsequent discussions, the U.S. Coast Guard (USCG) recommended
a minimum one nautical mile separation distance from designated
navigation lanes. NYPA incorporated this guidance in their lease
request by an amendment filed on June 20, 2012, requesting additional
lease area to compensate for the area lost by the increased setback
distance. NYPA's unsolicited lease request and the amendment can be
viewed at: http://www.boem.gov/Renewable-Energy-Program/State-Activities/New-York.aspx.
In response to the unsolicited proposal, as amended, BOEM issued an
RFI on January 4, 2013, to determine whether any parties in addition to
NYPA are interested in developing commercial wind facilities in the
same area. BOEM received two indications of interest in response to
that notice, which can be viewed at: http://www.boem.gov/Renewable-Energy-Program/State-Activities/New-York.aspx. Two companies
(Fishermen's Energy, LLC and Energy Management, Inc.) responded to the
RFI with indications that they were interested in developing the same
area. BOEM reviewed the information submitted by those companies and
determined that they demonstrated the technical and financial
capability to hold an OCS lease for commercial wind energy development
offshore New York. Therefore, BOEM has since determined that there is
competitive interest in obtaining commercial wind leases in the Call
Area, and is proceeding with the competitive renewable energy leasing
process.
In addition to indications of interest, BOEM received 33 public
comment submissions from individuals, trade associations, environmental
groups, local and state governments, and federal agencies in response
to the RFI. The majority of comment submissions indicated strong
support for the development of an offshore wind facility for a variety
of reasons. The City of New York stated support for the development of
an offshore wind facility in order to diversify the electricity supply,
reduce electric constraints, and help to achieve a more reliable
electric system. Numerous environmental groups and their members noted
their support for an offshore wind facility as a means to reduce the
need for additional fossil fuel-based power plants, reduce the impacts
of climate change, and improve air quality. Additionally, multiple
labor and environmental groups as well as state agencies endorsed the
development of an offshore wind facility near New York as a means to
increase economic growth in the region through sales and wages over the
course of a wind facility's construction and operation.
Some comment submissions highlighted concerns for BOEM to consider
throughout the leasing process. Multiple commenters, including the
National Oceanic and Atmospheric Administration (NOAA), the National
Park Service (NPS), and the National Wildlife Federation, urged BOEM to
investigate mitigation strategies to ensure that North Atlantic right
whales are protected during the development of offshore wind resources
in the area. Commenters highlighted that other endangered or threatened
species may be found near the Call Area as well, including (in no
particular order of conservation priority/concern): The fin whale,
humpback whale, piping plover, roseate tern, Atlantic sturgeon,
seabeach amaranth, loggerhead sea turtle, green sea turtle, leatherback
sea turtle, and Kemp's Ridley sea turtle. Commenters noted that several
species protected under the Marine Mammal Protection Act may be found
in the Call Area as well.
Other commenters highlighted possible negative impacts to valuable
sea scallop fishing activities in the Call Area and requested that the
majority of the Call Area be excluded from further consideration.
Although BOEM is retaining this fishing area in the Call Area at this
time, BOEM will consider this comment and other relevant fishery
information as we move forward with area identification.
Other agencies highlighted the need for ongoing consultation
throughout the leasing process. For example, the NPS highlighted its
concern that a commercial wind facility in the Call Area would impact
Fire Island National Seashore and Gateway National Recreation Area as
well as a number of National Historic Landmarks along the New Jersey
coastline. The NPS has requested that it be consulted on these matters
and given the opportunity to comment on future environmental documents,
site assessment plans, and construction and operations plans regarding
protected areas as well as viewsheds, threatened and endangered
species, sediment transport, and other resources. BOEM will continue to
work with NPS as we move forward.
Additionally, NOAA noted that the Call Area is designated as
essential fish habitat for several federally managed
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species that may be impacted by the development of an offshore wind
facility. The use of the area as a fishery is supported by fishing data
previously supplied to BOEM by NOAA. NOAA highlighted the need to
investigate these possible impacts, including cumulative effects and
whether fishing activity may continue within a developed wind facility.
BOEM will consult with NOAA on these issues through statutory
consultation requirements and informal collaboration.
Last, the USCG Sector New York identified a portion of the Call
Area that is currently used as a weapons training area (WTA) for
maintaining law enforcement proficiency. USCG requested in its comment
submission that this WTA be given consideration as an existing use, as
BOEM proceeds with the competitive leasing process offshore New York.
It is important to note that the WTA is not an officially designated
weapons training range. USCG has clarified to BOEM that if BOEM
ultimately issues a wind energy lease in the Call Area, USCG has an
alternate WTA within the Sector New York area that could be utilized
instead.
For additional detail, all comment submissions are available at:
http://www.boem.gov/Renewable-Energy-Program/State-Activities/New-York.aspx.
BOEM appreciates the submission of these comments and will give
proper consideration to them throughout its planning and decision-
making process.
Competitive Leasing Process
The following are the next steps in the competitive leasing process
after this Call:
(1) Area Identification: BOEM will identify areas for environmental
analysis and consideration for leasing in consultation with appropriate
Federal agencies, states, local governments, affected Indian Tribes,
and other interested parties. BOEM will also consider comments and
nominations made in response to this Call with respect to areas that
should receive special consideration and analysis, including but not
limited to areas with geological conditions, archeological sites,
multiple uses, and other socioeconomic, biological, and environmental
information. The environmental analysis and consideration will detail
the potential effect of leasing on the human, marine, and coastal
environments, and BOEM will develop measures to mitigate adverse
impacts, including lease stipulations and conditions. BOEM will comply
with the requirements of the National Environmental Policy Act (NEPA),
the Coastal Zone Management Act (CZMA), and any other applicable
Federal statutes for the purpose of issuing a lease in the Call Area.
(2) Proposed Sale Notice: After the completion of the necessary
environmental reviews, BOEM will publish a Proposed Sale Notice (PSN)
in the Federal Register and send the PSN to the Governor of any
affected state, any affected tribes, and the executive of any local
government that might be affected. The PSN will describe the areas that
BOEM has decided to offer for leasing and the proposed terms and
conditions of a lease sale, including the proposed auction format,
lease form and lease provisions. Additionally, the PSN will describe
the criteria and process for evaluating bids. The PSN would be issued
after preparation of various analyses of proposed lease sale economic
terms and conditions. The comment period following issuance of a PSN is
60 days.
(3) Final Sale Notice: If BOEM decides to proceed with lease
issuance after considering comment submissions on the PSN, it will
publish the Final Sale Notice (FSN) in the Federal Register at least 30
days before the date of the sale. BOEM will publish the criteria for
winning bid determinations in the FSN.
(4) Bid Submission and Evaluation: Following publication of the FSN
in the Federal Register, qualified bidders may submit their bids to
BOEM in accordance with procedures specified in the FSN. The bids,
including the bid deposits, if applicable, would be reviewed for
technical and legal adequacy. BOEM will evaluate each bid to determine
if the bidder has complied with all applicable regulations and the
terms of the FSN. BOEM reserves the right to reject any or all bids as
well as the right to withdraw an offer to lease an area from the sale.
(5) Issuance of a Lease: Following the selection of a winning bid
or bids by BOEM, the submitter(s) is/are notified of the decision and
provided a set of official lease documents for execution. The
successful bidder(s) will be required to execute the lease, pay the
remainder of the bonus bid, if applicable, and file the required
financial assurance within 10 days of receiving the lease documents.
Upon receipt of the required payments, financial assurance, and
properly executed lease forms, BOEM will issue a lease to the
successful bidder(s).
Pursuant to 30 CFR 585.212, BOEM may decide to end the competitive
leasing process prior to the publication of a FSN if it believes that
competitors have withdrawn and competitive interest no longer exists. A
termination of the competitive process would require BOEM to publish an
additional notice in the Federal Register to confirm that competitive
interest no longer exists in the area. BOEM would use the information
received in response to this additional notice to determine whether it
would continue with the competitive lease sale process or initiate the
noncompetitive lease negotiation process.
Environmental Review
BOEM is publishing concurrently with this Call a Notice of Intent
to prepare an Environmental Assessment (NOI-EA) to consider the
environmental impacts and socioeconomic effects of issuing one or more
renewable energy leases in the Call Area. The EA will investigate
reasonably foreseeable site characterization activities, such as
geophysical, geotechnical, archaeological, and biological surveys. The
EA will also consider the reasonably foreseeable environmental impacts
and socioeconomic effects associated with the approval of site
assessment activities (including the installation and operation of
meteorological towers and buoys) on any lease that may be issued. The
New York NOI-EA can be found at: http://www.boem.gov/Renewable-Energy-Program/State-Activities/New-York.aspx.
In the event that a lease is issued, and the lessee subsequently
submits a Site Assessment Plan (SAP), pursuant to 30 CFR 585.605-618,
BOEM would then determine whether the EA adequately considers the
environmental consequences of the activities proposed in the lessee's
SAP. If BOEM determines that the analysis in the EA adequately
considers these consequences, then no further NEPA analysis would be
required before BOEM makes a decision on the SAP. If, on the other
hand, BOEM determines that the analysis in the EA is inadequate for
that purpose, BOEM would conduct additional NEPA analysis before it
makes a decision on the SAP. In either event, BOEM would then make a
decision to approve, approve with modifications, or disapprove the SAP.
If a lessee is prepared to propose a wind energy generation
facility on its lease, it would submit a Construction and Operations
Plan (COP). BOEM then would prepare a separate site- and project-
specific NEPA analysis of the proposed project. This analysis would
likely take the form of an Environmental Impact Statement and would
provide the public and Federal officials with comprehensive information
regarding the reasonably foreseeable
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environmental impacts of the proposed project. At this stage, BOEM
would evaluate the potential environmental and socioeconomic
consequences of the proposed project. This analysis would inform BOEM's
decision to approve, approve with modification, or disapprove a
lessee's COP pursuant to 30 CFR 585.628. This NEPA process also would
provide additional opportunities for public involvement pursuant to
NEPA and the White House Council on Environmental Quality's regulations
at 40 CFR Parts 1500-1508.
Description of the Call Area
The Call Area is the same as the area described in the RFI, which
was published in the Federal Register on January 4, 2013. The Call Area
offshore New York contains 5 whole OCS blocks and 148 sub-blocks. The
area begins approximately 11 nmi south of Long Beach, New York. From
its western edge, the area extends approximately 26 nmi southeast at
its longest portion. The entire area is approximately 127 square miles,
81,130 acres, or 32,832 hectares. Table 1 below describes the OCS lease
blocks and sub-blocks included within the Call Area.
Table 1--List of OCS Blocks and Sub-blocks Included in the Call Area
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Protraction name Protraction No. Block No. Sub block
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New York...................... NK 18-12........ 6655 F,G,H,K,L,P.
New York...................... NK 18-12........ 6656 I,J,K,L,M,N,O,P.
New York...................... NK 18-12........ 6657 M,N,O,P.
New York...................... NK 18-12........ 6706 B,C,D,H.
New York...................... NK 18-12........ 6707 A,B,C,D,E,F,G,H,J,K,L,P.
New York...................... NK 18-12........ 6708 Entire block.
New York...................... NK 18-12........ 6709 E,F,G,H,I,J,K,L,M,N,O,P.
New York...................... NK 18-12........ 6710 I,J,K,L,M,N,O,P.
New York...................... NK 18-12........ 6711 M,N,O,P.
New York...................... NK 18-12........ 6712 M.
New York...................... NK 18-12........ 6758 A,B,C,D,G,H.
New York...................... NK 18-12........ 6759 A,B,C,D,E,F,G,H,I,J,K,L,O,P.
New York...................... NK 18-12........ 6760 Entire block.
New York...................... NK 18-12........ 6761 Entire block.
New York...................... NK 18-12........ 6762 Entire block.
New York...................... NK 18-12........ 6763 A,C,D,E,F,G,H,I,J,K,L,M,N,O,P.
New York...................... NK 18-12........ 6764 A,E,F,G,H,I,J,K,M,N.
New York...................... NK 18-12........ 6810 A,B,C,D,G,H,L.
New York...................... NK 18-12........ 6811 A,B,C,D,E,F,G,H,I,J,K,L,O,P.
New York...................... NK 18-12........ 6812 Entire block.
New York...................... NK 18-12........ 6813 A,B,C,D,E,F,G,H,I,J,M,N.
New York...................... NK 18-12........ 6814 A.
New York...................... NK 18-12........ 6862 A,B,C,D,E,F,G,H,K.
New York...................... NK 18-12........ 6863 A.
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Map of the Call Area
A map of the Call Area can be found at: http://www.boem.gov/Renewable-Energy-Program/State-Activities/New-York.aspx.
A large-scale map of the Call Area showing boundaries with numbered
blocks is available from BOEM at the following address: Bureau of Ocean
Energy Management, Office of Renewable Energy Programs, 381 Elden
Street, HM 1328, Herndon, Virginia 20170-4817. Phone: (703) 787-1320,
Fax: (703) 787-1708.
List of OCS Blocks and Sub-Blocks in the Call Area Potentially Subject
to Limitations
The Call Area includes areas that BOEM wishes to highlight as areas
of special interest or concern based on responses to the RFI. These
areas are described below.
Traffic Separation Schemes
The Call Area is located between two Traffic Separation Schemes
(TSS) for vessels transiting into and out of the Port of New York and
New Jersey. The USCG has generally recommended that lease areas be
located with a minimum setback of 1 nmi from any adjacent TSS. BOEM has
adopted this recommendation and NYPA filed an amendment to their
nomination adding area to compensate for the wider setback distance.
The Call Area includes the additional area requested in NYPA's
amendment. For purposes of this Call, BOEM will not consider leasing
those sub-blocks between an adjacent TSS and the 1 nmi setback.
However, BOEM is including sub-blocks that are transected by the
setback line. BOEM reserves the right to prohibit the installation of
any structures on the portions of those sub-blocks located within the
recommended setback.
Department of Defense (DOD) Activities
The Call Area includes OCS blocks where site-specific conditions
and stipulations may need to be developed and applied to any leases
issued and/or plans approved to help ensure that projects are
compatible with DOD activities. Such stipulations may include, but are
not limited to:
1. A hold-and-save-harmless agreement where the lessee assumes all
risks of damage or injury to persons or property if such injury or
damage to such person or property occurs by reason of the activities of
the U.S. Government;
2. A requirement that, at times requested by DOD, the lessee
control its own electromagnetic emissions and those of its agents,
employees, invitees, independent contractors, or subcontractors when
operating in specified DOD Operating Areas (OPAREAs) or warning areas;
3. An agreement with the appropriate DOD commander when operating
vessels or aircraft in a designated OPAREA or warning area requiring
that these vessel and aircraft movements be coordinated with the
appropriate DOD commander;
4. A requirement that at times requested by DOD, the lessee
temporarily suspends operations and/or
[[Page 30650]]
evacuates the lease in the interest of safety and/or national security.
Port Ambrose Liquefied Natural Gas Project
Potentially interested parties should be aware that Liberty Natural
Gas, LLC (Liberty) has submitted an application to the USCG and the
Maritime Administration for the construction and operation of an
offshore liquefied natural gas (LNG) facility, called the Port Ambrose
LNG Project. The proposed facility would be located within the Call
Area, (OCS blocks 6708, 6709, and 6758), roughly 19 miles off Jones
Beach, New York, and approximately 31 miles from the entrance to New
York Harbor. The USCG is in the process of reviewing Liberty's
application and determining guidance for setbacks and other measures
that will ultimately determine the footprint of the Port Ambrose LNG
Project.
BOEM provided scoping comments to the USCG on July 19, 2013, in
relation to the USCG's development of an Environmental Impact Statement
for the proposed Port Ambrose LNG project. BOEM's primary concern was
to ascertain the compatibility of a commercial wind facility with the
LNG project. Although Liberty noted their belief that the LNG facility
would be compatible with a large wind energy facility in their
application, BOEM highlighted concerns about navigational challenges
resulting from large LNG vessels operating within close proximity to
offshore wind turbines. BOEM recommended that the USCG require a more
thorough analysis of the proposed LNG facility's compatibility with
large scale wind development as well as an investigation of strategies
to minimize potential conflicts.
Additional information on the Liberty Natural Gas Deepwater Port
License Application is available at: https://federalregister.gov/a/2013-15008.
Protected Species
As mentioned in the ``Publication of RFI and Responses Received''
section above, BOEM received multiple comment submissions in response
to the RFI highlighting concerns that offshore wind development in the
Call Area may affect threatened or endangered species that occur within
the Call Area.
The U.S. Fish and Wildlife Service (FWS) recommends that project
area data be collected to fill data gaps and provide information on
protected species within the Call Area and that study plans should be
coordinated with the FWS. This recommendation is consistent with the
BOEM ``Guidelines for Providing Avian Survey Information for Renewable
Development on the Atlantic Outer Continental Shelf,'' available at:
http://www.boem.gov/Regulatory-Development-Policy-and-Guidelines.
NOAA's National Marine Fisheries Service (NMFS) recommended that BOEM
refer to maps of certain environmental and ecological parameters
generated by the NMFS Northeast Fisheries Science Center, as well as
data from the New York Department of State's Offshore Atlantic Ocean
Study and the Mid-Atlantic Regional Council on the Ocean's data portal
during the leasing area identification process to identify areas that
serve critical ecosystem functions. Additional information on protected
species will be gathered by BOEM during the NOI-EA comment period. Any
interested parties are encouraged to provide comments in response to
this notice and the associated NOI-EA.
Call for Nominations: Required Information for Responses
A nomination for a commercial wind energy lease in the area
identified in this notice must include the following:
(1) The BOEM Protraction name, number, and specific whole or
partial OCS blocks within the Call Area that are of interest for
commercial wind leasing, including any required buffer area. This
information should be submitted as a spatial file compatible with
ArcGIS 10.1 in a geographic coordinate system (NAD 83) in addition to a
hard copy submittal. If the proposed project area includes one or more
partial blocks, please describe those partial blocks in terms of a
sixteenth (i.e., sub-block) of an OCS block. BOEM will not consider any
areas outside of the Call Area in this process;
(2) A description of your objectives and the facilities that you
would use to achieve those objectives, including your intended project
size and turbine array configuration (i.e., conceptual turbine spacing,
number of turbines, turbine nameplate capacity);
(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 Call Area. Where applicable, spatial
information should be submitted in a format compatible with ArcGIS 10.1
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
BOEM Renewable Energy Framework Guide Book available at: http://www.boem.gov/Renewable-Energy-Program/Regulatory-Information/Index.aspx#Notices_to_Lessees,_Operators_and_Applicants. Legal
qualification documents will be placed in an official file that may be
made available for public review; and
(6) Documentation demonstrating that you are technically and
financially capable of constructing, operating, maintaining and
decommissioning the facilities described in (2) above. Guidance
regarding the required documentation to demonstrate your technical and
financial qualifications can be found at: http://www.boem.gov/Renewable-Energy-Program/Regulatory-Information/Index.aspx#Notices_to_Lessees,_Operators_and_Applicants.
Documentation you submit to demonstrate your legal, technical, and
financial qualifications must be provided to BOEM in both paper and
electronic formats. BOEM considers an Adobe PDF file stored on a CD or
flash drive to be an acceptable format for submitting an electronic
copy.
It is critical that you submit a complete nomination so that BOEM
may evaluate your submission in a timely manner. If BOEM reviews your
nomination and determines that it is incomplete, BOEM will notify you
of this determination in writing. The notice will describe the
information that BOEM determined to be missing from your nomination,
and which you must submit in order for BOEM to deem your submission
complete. You will be given 15 business days from the date of the
notice to submit the information that BOEM found to be missing from
your original submission. If you do not meet this deadline, or if BOEM
determines this second submittal is insufficient and has failed to
complete your nomination, then BOEM retains the right to deem your
nomination invalid. In that case, BOEM would not process your
nomination.
If you have already submitted this information in response to the
RFI or as part of an unsolicited application, there is no need to re-
submit these materials in response to this Call. If you wish to include
additional information or modify any information already submitted in
response to the RFI, including the area described in your submission,
you may do so in response to this Call.
[[Page 30651]]
Applicants who submit a nomination in response to this Call, or who
already submitted a nomination in response to the RFI, are invited (but
not required) to respond to this Call with a description of the
compatibility of their proposed project with the proposed Port Ambrose
LNG Project and with commercial fishing activity occurring, or expected
to occur, within and/or near the Call Area. Please state whether you
would consider such activities to be compatible with the commercial
wind activities you ultimately plan to undertake on the lease. If you
believe that specific project design measures would promote greater
compatibility, please specify which measures (e.g., notices to
mariners, spacing between individual turbines, array configurations,
cable burial depths, routing measures, inspection protocols, cable
configurations or consolidations).
Call for Information: Requested Information From Interested or Affected
Parties
BOEM is requesting from the public and other interested or affected
parties specific and detailed data, or other information regarding the
following:
(1) Geological and geophysical conditions (including bottom and
shallow hazards) in the area described in this notice;
(2) Known archaeological and/or cultural resource sites on the
seabed in the area described in this notice;
(3) 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 Call;
(4) Other uses of the area, including navigation (in particular,
commercial and recreational vessel use), recreation, and fisheries
(commercial and recreational);
(5) Other relevant socioeconomic, biological, and environmental
information;
(6) Any potential conflicts or compatibilities between the proposed
commercial wind activities and existing fishing practices. If you
believe that specific wind project design measures would promote
greater compatibility between these two uses, please specify which
measures (e.g., notices to mariners, spacing between individual
turbines, array configurations, cable burial depths, routing measures,
inspection protocols, cable configurations or consolidations);
(7) Any potential conflicts or compatibilities between the proposed
Port Ambrose LNG Project and proposed commercial wind activities. If
you believe that specific wind project design measures would promote
greater compatibility between these two uses, please specify which
measures (e.g., notices to mariners, spacing between individual
turbines, array configurations, cable burial depths, routing measures,
inspection protocols, cable configurations or consolidations); and
(8) Any other relevant information BOEM should consider during its
planning and decision-making process for the purpose of issuing a lease
in the Call Area.
Protection of Privileged or Confidential Information
Freedom of Information Act: BOEM will protect privileged or
confidential information submitted 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 list of whole or partial blocks that you are
nominating. Finally, information that is not labeled as privileged or
confidential would be regarded by BOEM as suitable for public release.
Section 304 of the National Historic Preservation Act (NHPA) (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, risk harm to the historic resources or impede the
use of a traditional religious site by practitioners. Tribal entities
should designate information that falls under Section 304 of NHPA as
confidential.
Dated: May 19, 2014.
Walter D. Cruickshank,
Acting Director, Bureau of Ocean Energy Management.
[FR Doc. 2014-12065 Filed 5-27-14; 8:45 am]
BILLING CODE 4310-MR-P