[Federal Register Volume 76, Number 70 (Tuesday, April 12, 2011)]
[Notices]
[Pages 20367-20368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8341]


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DEPARTMENT OF THE INTERIOR

Bureau of Ocean Energy Management, Regulation and Enforcement

[Docket No. BOEM-2011-0008]


Commercial Leasing for Wind Power on the Outer Continental Shelf 
(OCS) Off Delaware, Determination of No Competitive Interest

AGENCY: Bureau of Ocean Energy Management, Regulation and Enforcement 
(BOEMRE), Interior.

ACTION: Notice.

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SUMMARY: This notice provides BOEMRE's determination that no 
competitive interest exists in acquiring a commercial wind lease in the 
area offshore Delaware proposed in the January 26, 2011, Notice of 
Proposed Lease Area and Request for Competitive Interest (RFCI) (76 FR 
4716). The location of a proposed lease area was identified through the 
issuance of a Request for Interest (RFI) in the Federal Register on 
April 26, 2010 (75 FR 21653).
    Bluewater Wind Delaware, LLC submitted the only valid expression of 
commercial interest in response to the April 26, 2010, RFI and BOEMRE 
received no additional expressions of interest in response to the 
January 26, 2011, RFCI. BOEMRE will proceed with the noncompetitive 
lease process for the proposed lease area offshore Delaware as 
described in the RFCI.
    This DNCI is published pursuant to subsection 8(p)(3) of the OCS 
Lands Act, which was added 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 285. Subsection 8(p)(3) of the OCS Lands Act requires 
that OCS renewable energy leases, easements, and rights-of-way 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.'' The authority to make such determinations 
has been delegated to BOEMRE. This DNCI provides notice to the public 
that BOEMRE has determined that there is no competitive interest in 
leasing the proposed area.
    BOEMRE received public comment submissions from four parties in 
response to the January 26, 2011, RFCI. A discussion of these comments 
is found below.

DATES: Effective April 12, 2011.

FOR FURTHER INFORMATION CONTACT: Erin C. Trager, Projects and 
Coordination Branch, Bureau of Ocean Energy Management, Regulation and 
Enforcement, Office of Offshore Alternative Energy Programs, 381 Elden 
Street, Mail Stop 4090, Herndon, Virginia 20170-4817; telephone (703) 
787-1713.

SUPPLEMENTARY INFORMATION:

Purpose of This DNCI

    This DNCI provides public notice that BOEMRE has determined that 
there is no competitive interest in acquiring a lease in the area 
described in the January 26, 2011, RFCI. Bluewater Wind Delaware, LLC 
submitted the only valid expression of commercial interest in response 
to the RFI and BOEMRE received no additional expressions of interest in 
response to the RFCI. As a result, no competitive interest exists in 
the proposed leasing area. Subsequent to the publication of this 
determination, BOEMRE may proceed with the noncompetitive lease process 
outlined at 30 CFR 285.231(d) through (i).

Summary of Public Comments Received in Response to the January 26, 
2011, RFCI

    On February 10, 2011, the comment period closed for the Delaware 
RFCI. BOEMRE received four responses during the public comment period, 
including comments from two groups representing waterway users, one 
marine waterway operator, and one company associated with the surf 
clam/ocean quahog fishing industry. Comments received in response to 
the RFCI are available at the following URL: http://www.boemre.gov/offshore/RenewableEnergy/stateactivities.htm#Delaware
    Some of the comments received requested a change to the area of 
interest considered for leasing, and included suggestions such as 
identifying areas for exclusion, mitigation, or further study. Other 
comments suggested that BOEMRE undertake a more coordinated outreach 
effort with public stakeholders, to complement existing coordination 
efforts with government stakeholders in the BOEMRE/Delaware Renewable 
Energy Task Force. In addition, other comments expressed concern with 
navigational safety and socioeconomic impacts to the surf clam/ocean 
quahog fishery in the proposed lease area as a result of wind facility 
development.
    In identifying a lease area for analysis under the National 
Environmental Policy Act, BOEMRE will consider excluding the area 
designated as a potential U.S. Coast Guard vessel anchorage area, first 
identified by the U.S. Coast Guard in its response to the Delaware RFI. 
Comments received from waterways operators in response to the Delaware 
RFCI indicate support for excluding a designated anchorage area from a 
proposed lease area to replace unofficial anchorage areas currently in 
use throughout the area of interest, which may be displaced by future 
development.
    In response to concerns regarding the proposed 500-meter buffer 
between the proposed lease area and the adjacent Traffic Separation 
Scheme (TSS), BOEMRE has decided that additional information is needed 
to evaluate whether this proposed buffer should be widened. BOEMRE will 
collaborate with the U.S. Coast Guard to better quantify the amount and 
location of vessel activity and research ways to analyze the effects of 
wind energy facility infrastructure on marine vessel traffic in the 
area to better inform any future mitigation in a proposed lease area. 
If data suggest that heavy traffic transits within 0.5 nautical mile of 
the edge of the TSS, BOEMRE has the discretion to

[[Page 20368]]

require a larger buffer either as a stipulation in the lease or as a 
condition of Construction and Operations Plan approval.
    In response to concerns regarding potential impacts to the surf 
clam/quahog fishery in the area of interest, BOEMRE intends to consider 
potential impacts to the fishery in a proposed lease area as well as 
the industry associated with this fishery as part of our compliance 
process.
    In response to requests that BOEMRE conduct outreach to the mariner 
and fishing communities, BOEMRE will continue its ongoing outreach 
efforts, including but not limited to, participation in meetings with 
the Mariners Advisory Committee for the Bay and River Delaware and 
outreach to the Mid-Atlantic Fishery Management Council and regulators 
of associated activities offshore Delaware.

    Dated: March 29, 2011.
Michael R. Bromwich,
Director, Bureau of Ocean Energy Management, Regulation and 
Enforcement.
[FR Doc. 2011-8341 Filed 4-11-11; 8:45 am]
BILLING CODE 4310-MR-P