[Federal Register Volume 83, Number 67 (Friday, April 6, 2018)]
[Notices]
[Pages 14881-14884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07106]


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DEPARTMENT OF THE INTERIOR

Bureau of Ocean Energy Management

[Docket No. BOEM-2018-0018]


Request for Feedback on BOEM's Proposed Path Forward for Future 
Offshore Renewable Energy Leasing on the Atlantic Outer Continental 
Shelf

AGENCY: Bureau of Ocean Energy Management, Interior.

ACTION: Request for feedback.

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SUMMARY: The Bureau of Ocean Energy Management (BOEM) invites the 
public to contribute to the development of a path forward for future 
renewable leasing offshore the United States Atlantic Coast. Thus far, 
BOEM has issued 13 commercial leases on the Atlantic from North 
Carolina to Massachusetts. BOEM is now conducting a high-level 
assessment of all waters offshore the United States Atlantic Coast for 
potential additional lease locations. BOEM proposes to rely on various 
factors described below to help it assess which geographic areas along 
the Atlantic are the most likely to have highest potential for 
successful offshore wind development in the next three to five years. 
BOEM is seeking input on all aspects of its proposed path forward, but 
particularly on the merits of these factors and any other factors BOEM 
should consider. This Atlantic assessment is intended to inform future 
area identification processes, not replace them. Accordingly, after 
reviewing the comments it receives pursuant to this notice, BOEM plans 
to coordinate with its intergovernmental renewable energy task forces, 
and conduct further stakeholder outreach as a part of its continuing 
area identification efforts.

DATES: Stakeholders should submit comments electronically or postmarked 
no later than May 21, 2018.

ADDRESSES: Comments should be submitted in one of the two following 
ways:
    1. Electronically: http://www.regulations.gov. In the entry 
entitled, ``Enter Keyword or ID,'' search for BOEM-2018-0018. Follow 
the instructions to submit public comments in response to this 
document.
    2. Written Comments: In written form, delivered by hand or by mail, 
enclosed in an envelope labeled, ``Comments on Request for Feedback'' 
to: Office of Renewable Energy Programs, Bureau of Ocean Energy 
Management, 45600 Woodland Road, VAM-OREP, Sterling, Virginia 20166.

FOR FURTHER INFORMATION CONTACT: Jeffrey Browning, BOEM Office of 
Renewable Energy Programs, 45600 Woodland Road, VAM-OREP, Sterling, 
Virginia 20166, (703) 787-1577 or [email protected]; Wright 
Frank, BOEM Office of Renewable Energy Programs, 45600 Woodland Road, 
VAM-OREP, Sterling, Virginia 20166, (703) 787-1325 or 
[email protected].

SUPPLEMENTARY INFORMATION: 
    Authority: This notice is published pursuant to subsection 8(p) of 
the Outer Continental Shelf Lands Act (OCSLA) (43 U.S.C. 1337(p)), 
added by section 388 of the Energy Policy Act of 2005, and the 
implementing regulations at 30 CFR 585.116.

    Overview: In this notice, BOEM has initially identified the 
following factors to be considered in the analysis contemplated in this 
notice:


[[Page 14882]]


 Areas prohibited by the Outer Continental Shelf Lands Act 
(OCSLA) for leasing
 Department of Defense (DoD) conflict areas
 Maritime navigation conflict areas
 Areas not previously removed from BOEM leasing consideration
 Areas greater than 10 nautical miles from shore
 Areas shallower than 60 meters in depth
 Areas adjacent to states with offshore wind economic 
incentives
 Areas adjacent to states that have an interest in identifying 
additional lease areas
 Areas for which industry has expressed interest

    BOEM is aware of many other factors that affect the appropriateness 
of offshore development, including commercial and recreational 
fisheries concerns, endangered species critical habitat, recreation and 
tourism, and other environmental and multiple use concerns. However, 
unlike the factors identified above, evaluation of these factors 
requires a detailed, site-specific analysis that would not be 
practicable on a landscape scale for the entire Atlantic Coast. 
Accordingly, these factors will be thoroughly evaluated on a case-by-
case basis during future Calls for Information and Nominations and Area 
Identification stages of BOEM's leasing process. This Atlantic 
assessment, and the development of ``forecast areas'' as discussed 
below, will help identify areas where BOEM may focus its leasing 
efforts over the next three to five years as it collects more detailed, 
site-specific information to ensure responsible leasing and development 
of OCS renewable energy resources.
    Background and Purpose: BOEM has now completed seven offshore wind 
lease sales for wind energy areas in the Atlantic Ocean offshore 
Massachusetts, Rhode Island, New York, New Jersey, Maryland, Virginia, 
and North Carolina. Each of these sales were the result of processes 
that BOEM undertook over a period of years to identify and reduce 
potential conflicts between offshore wind leases and incompatible ocean 
uses. BOEM has issued thirteen commercial leases (competitively or 
noncompetitively) in every state with territorial waters bordering the 
OCS from Massachusetts to North Carolina.
    BOEM has received feedback from state and industry stakeholders 
requesting that BOEM propose additional lease areas. This feedback has 
been reinforced by increased competition in BOEM's most recent lease 
sales in New York and North Carolina, as well as a recent increase in 
the number of unsolicited lease applications submitted to BOEM. In 
addition, stakeholders have requested that BOEM evaluate the next phase 
of offshore wind leasing using a regional approach.
    BOEM's intent in publishing this Notice is to start a conversation 
surrounding its approach to future renewable energy leasing on the 
Atlantic OCS. BOEM believes that additional areas of the Atlantic may 
be viable for responsible and informed commercial wind development. 
BOEM seeks input from stakeholders regarding areas where development 
may or may not be appropriate, and what factors BOEM should consider in 
the early stages of its future planning processes. This planning 
exercise is not a replacement for BOEM's existing area identification 
processes to determine Wind Energy Areas and issue leases through site-
specific analysis and stakeholder outreach. BOEM will continue to 
pursue an area identification process in the future that is more 
narrowly focused on specifically bounded offshore areas, utilizing 
extensive analysis of site-specific conditions (e.g., fisheries, 
navigation, seafloor conditions, etc.). Please refer to the following 
web page (https://www.boem.gov/Renewable-Energy/Path-Forward/) for 
details on other opportunities to comment on this Request for Feedback 
(RFF).
    Proposed Factors for Identification of Offshore Wind Forecast 
Areas: BOEM has preliminarily identified factors that, in BOEM's 
experience, are likely to help it assess whether a given area is 
appropriate for offshore wind energy development. Applying these 
factors to the Atlantic OCS, BOEM plans to identify ``forecast areas'' 
along the Atlantic Coast that have the highest probability for offshore 
wind development. The forecast areas would be those geographic 
locations on the Atlantic OCS that have multiple positive factors 
(i.e., factors that may facilitate offshore wind development), thereby 
indicating a strong likelihood that offshore wind leasing may be 
feasible in that area. Maps illustrating the application of each of the 
factors geographically are available at: https://www.boem.gov/Renewable-Energy/Path-Forward/.

Exclusionary Factors

    The following factors would be considered exclusionary. At this 
time, BOEM would consider them as creating ``no-go'' areas for offshore 
wind.
    OCSLA prohibited areas: Pursuant to the OCSLA, BOEM is prohibited 
from leasing within the exterior boundaries of a unit of the National 
Park System, National Wildlife Refuge System, National Marine Sanctuary 
System, or any National Monument.
    DoD conflict areas: At this time, BOEM would not consider leasing 
areas in the Atlantic designated as ``red'' by the DoD in its color-
coded assessments. DoD has designated these areas as incompatible with 
wind energy development because of potential conflicts with mission 
critical operations, training, or testing activities.
    Maritime navigation conflict areas: At this time, BOEM would not 
consider leasing areas within official (i.e., charted) marine vessel 
traffic routing measures. Later in the Area Identification process, 
BOEM would conduct a case-specific analysis of maritime vessel traffic 
information (e.g., automatic identification system data) and might 
further refine and delineate areas of high traffic use outside of 
official traffic separation schemes and other routing measures.

Positive Factors

    The factors discussed in this section would help BOEM identify the 
locations that would be considered more favorable for wind energy 
development. The greater the number of positive factors a location 
exhibits, the greater the likelihood that location would fall within a 
forecast area.
    Areas not previously removed: Some areas of the OCS were removed 
from consideration for leasing in BOEM's past Area Identification 
processes for a variety of different reasons. In most cases, they were 
removed for reasons that remain applicable today, such as certain high 
value fishing areas off the coasts of Massachusetts and Rhode Island, 
essential fish habitat offshore New York, and vessel traffic offshore 
Maryland and New Jersey. Other areas of the OCS have not been removed 
from leasing consideration, primarily because they have not been 
previously evaluated, and may have potential for future wind energy 
development. The areas that have not been removed from leasing 
consideration previously are the focus of this factor. However, BOEM 
asks that stakeholders review the removed areas and comment if they 
believe BOEM should reconsider their prior removal.
    Areas greater than 10 nautical miles (nm) from shore: BOEM 
recognizes that an offshore wind energy facility may present viewshed 
concerns for coastal stakeholders. In BOEM's previous area 
identification efforts, it has imposed

[[Page 14883]]

various buffer distances from shore to address concerns about potential 
visual impacts of wind development. The buffers are typically greater 
than or equal to 10 nm from shore. BOEM requests feedback on whether 
the 10 nm distance is a reasonable positive factor for this planning 
exercise.
    Areas shallower than 60 meters (m) in depth: Although fixed-bottom 
substructures currently dominate the global offshore wind market, these 
structures may not be economically feasible in water depths exceeding 
60 m. Therefore, BOEM has chosen 60 m depth as a factor in identifying 
forecast areas. However, BOEM recognizes the recent development of 
floating wind turbine technologies that may be deployed in deeper 
waters. BOEM is specifically requesting comments from stakeholders 
regarding 60 m depth as a positive factor for the appropriateness of an 
area for wind energy development, as well as the existence of specific 
areas or OCS blocks deeper than 60 m that may be appropriate for 
offshore renewable energy development.
    Areas adjacent to states with offshore wind economic incentives: 
BOEM recognizes that offshore wind development incentives offered by 
coastal states, such as offshore renewable energy credits or other 
offtake mechanisms, influence the demand for such development. BOEM has 
identified the States of Maryland, Massachusetts, Rhode Island, New 
York, and New Jersey as examples of states that have either a 
legislative or policy mandate incentivizing additional offshore wind 
development. Power generation at locations within 60 nm of the coasts 
of these states may feed into their electric grids, and the state 
incentives therefore may facilitate offshore wind development.
    Areas adjacent to states that have an interest in identifying 
additional lease areas: State interest in offshore renewable energy 
leasing has been an important element in BOEM's past identification of 
Wind Energy Areas. State interest is often expressed through active 
state engagement with stakeholders through BOEM intergovernmental task 
forces and other venues. Proactive efforts by coastal states to 
facilitate stakeholder engagement and discussion of key issues help 
inform BOEM's identification of Wind Energy Areas. BOEM has identified 
Massachusetts (only the remaining Massachusetts wind energy areas), New 
York, and South Carolina as states that have an established 
intergovernmental task force and are also facilitating stakeholder 
engagement in support of future offshore wind leasing. BOEM invites 
Atlantic Coast states to respond to this RFF by specifying their level 
of interest in future offshore wind leasing within OCS areas adjacent 
to their coastline.
    Areas for which industry has expressed interest: This factor 
includes areas where offshore wind developers have expressed interest 
in leasing a specific location. BOEM received these expressions of 
interest either in response to a Call for Information and Nominations 
or via an unsolicited lease request. With respect to this factor, BOEM 
has received two unsolicited lease requests for two wind energy areas 
offshore Massachusetts (the same areas that did not receive bids in 
Lease Sale ATLW-4 on January 29, 2015); an unsolicited application for 
further development offshore New York; and expressions of commercial 
interest in areas that BOEM has identified offshore North and South 
Carolina (the Wilmington East and West Wind Energy Areas and the Grand 
Strand Call Area). As part of this RFF, BOEM requests that developers 
identify areas along the Atlantic Coast that may be of interest for 
future offshore wind leasing. This request is not a formal Request for 
Interest, but rather to inform BOEM's planning efforts for future 
potential offshore wind leasing.
    Areas with resource and locational potential (potential factor): 
BOEM acknowledges that certain areas of the OCS may have greater 
commercial potential than others. As described in a recent March 2017 
publication (located at http://www.nrel.gov/docs/fy17osti/67675.pdf), 
the National Renewable Energy Laboratory (NREL) has developed a model 
predicting the economic potential for specific portions of the OCS. 
BOEM has identified this as a potential additional factor and has not 
included it in the evaluation of forecast areas at this time. We are 
requesting comments on the utility of this study in our planning 
efforts--and, in particular, which parameter(s) of the NREL models 
(energy potential, levelized cost of electricity, etc.), if any, would 
be the most useful in identifying forecast areas.
    BOEM is aware of many other factors that affect the appropriateness 
of offshore development, including commercial and recreational 
fisheries concerns, endangered species critical habitat, recreation and 
tourism, and other environmental and multiple use concerns. However, 
these factors are typically site-specific and will be thoroughly 
evaluated on a case-by-case basis during any future Calls for 
Information and Nominations and subsequent Area Identification stages 
of BOEM's leasing process. BOEM will consider the information received 
in response to this RFF to finalize the factors it will consider when 
assessing the areas within which BOEM will focus future planning and 
leasing efforts. A map of all factors applied to the waters offshore 
the Atlantic Coast is available at: https://www.boem.gov/Renewable-Energy/Path-Forward/.
    Separately, BOEM will continue to consider unsolicited lease 
requests pursuant to 30 CFR 585.230 for areas both inside and outside 
of the forecast areas.
    Regional Ocean Plans and Data Portals: BOEM encourages commenters 
to consult the Northeast and Mid-Atlantic Ocean Data Portals, which are 
key components of the Northeast and Mid-Atlantic Ocean Plans developed 
by the intergovernmental Regional Planning Bodies (RPB). These data 
portals are located at http://www.northeastoceandata.org/data-explorer/ 
and http://portal.midatlanticocean.org/. BOEM believes the use of the 
Data Portals will lead to a better shared understanding of who or what 
might be affected by a given proposed activity. In addition to the maps 
characterizing existing energy and infrastructure activities, the Data 
Portals contain a range of maps of marine life, habitat areas, cultural 
resources, transportation, fishing, and other human uses to be 
considered when new energy or other infrastructure developments are 
proposed. The Data Portals also help to identify important user groups 
for further engagement by BOEM during the leasing process, such as 
commercial and recreational fishermen, commercial transportation 
providers, and the military, who are most likely to interact with new 
offshore energy developments.
    Protection of Privileged or Confidential Information: BOEM will 
protect privileged or confidential information that you submit, as 
provided in the Freedom of Information Act (FOIA). Exemption 4 of FOIA 
applies to trade secrets and commercial or financial information. 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, except as provided in 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 information. Additionally, 
BOEM may not treat as confidential the legal

[[Page 14884]]

title of the commenting entity (e.g., the name of your company). 
Information that is not labeled as privileged or confidential may be 
regarded by BOEM as suitable for public release.

    Dated: April 3, 2018.
Walter D. Cruickshank,
Acting Director, Bureau of Ocean Energy Management.
[FR Doc. 2018-07106 Filed 4-4-18; 8:45 am]
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