Federal Register / Vol. 79, No. 139 / Monday, July 21, 2014 / Notices 42361 

this meeting, contact Designated Federal 

Official Greg Dudgeon, Superintendent, 

or Marcy Okada, Subsistence Manager at 

(907) 457–5752, or Clarence Summers, 

Subsistence Manager, at (907) 644–3603. 

If you are interested in applying for 

Gates of the Arctic National Park SRC 

membership, contact the 

Superintendent at 4175 Geist Road, 

Fairbanks, AK 99709 or visit the park 

Web site: http://www.nps.gov/gaar/

contacts.htm. 

Proposed Meeting Agenda 

The proposed meeting agenda for 

each meeting includes the following: 

1. Call to Order—Confirm Quorum 

2. Welcome and Introductions 

3. Review and Adoption of Agenda 

4. Approval of Minutes 

5. Superintendent’s Welcome and 

Review of the Commission Purpose 

6. Commission Membership Status and 

Elections if Needed 

7. SRC Chair and Members’ Reports 

8. Superintendent’s Report 

9. Old Business 

10. New Business 

11. Federal Subsistence Board Update 

12. Alaska Boards of Fish and Game 

Update 

13. National Park Service Reports 

a. Ranger Update 

b. Resource Management Update 

c. Subsistence Manager’s Report 

14. Public and Other Agency Comments 

15. Work Session 

16. Set Tentative Date and Location for 

Next SRC Meeting 

17. Adjourn Meeting 

NPS subsistence managers may 

modify or develop a more detailed 

agenda for each agenda topic. SRC 

meeting locations and dates may change 

based on inclement weather or 

exceptional circumstances. If the 

meeting date or location is changed, the 

Superintendent will issue a press 

release and use local newspapers and 

radio stations to provide public notice 

of any meeting changes. 

SUPPLEMENTARY INFORMATION: These 

meetings are open to the public and will 

have time allocated for public 

testimony. The public is welcome to 

present written or oral comments to the 

SRC. The meetings will be recorded and 

meeting minutes will be available upon 

request from the Park Superintendent 

for public inspection approximately six 

weeks after the meeting. Before 

including your address, telephone 

number, email address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you may ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

Individuals who are currently 

Federally registered lobbyists are 

ineligible to serve on all FACA and nonFACA boards, committees, or councils. 

Dated: July 14, 2014. 

Alma Ripps, 

Chief, Office of Policy. 

[FR Doc. 2014–17076 Filed 7–18–14; 8:45 am] 

BILLING CODE 4310–EE–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Ocean Energy Management 

[Docket No. BOEM–2014–0029; 

MMAA104000] 

Atlantic Wind Lease Sale 5 (ATLW5) for 

Commercial Leasing for Wind Power 

on the Outer Continental Shelf 

Offshore New Jersey—Proposed Sale 

Notice 

AGENCY: Bureau of Ocean Energy 

Management (BOEM), Interior. 

ACTION: Proposed Sale Notice for 

Commercial Leasing for Wind Power on 

the Outer Continental Shelf Offshore 

New Jersey. 

SUMMARY: This document is the 

Proposed Sale Notice (PSN) for the sale 

of commercial wind energy leases on 

the Outer Continental Shelf (OCS) 

offshore New Jersey, pursuant to 

BOEM’s regulations at 30 CFR 585.216. 

BOEM proposes to offer for sale two 

leases. The total area comprising the 

two lease areas is smaller than that 

described in the Call for Information 

and Nominations (Call) (77 FR 22130) 

that was published in April 2011. An 

explanation for the reduction of the area 

and detailed information regarding the 

areas is provided in this notice in the 

section entitled ‘‘Areas Offered for 

Leasing.’’ BOEM proposes to use a 

multiple factor auction format for the 

lease sale. In this PSN, you will find 

information pertaining to the areas 

available for leasing, proposed lease 

provisions and conditions, auction 

details, the lease form, criteria for 

evaluating competing bids, award 

procedures, appeal procedures, and 

lease execution. BOEM invites 

comments on these items during a 60- 

day comment period following this 

notice. The issuance of the proposed 

leases resulting from this sale would not 

constitute an approval of projectspecific plans to develop offshore wind 

energy. Such plans, expected to be 

submitted by successful lessees, will be 

subject to subsequent environmental 

and public review prior to a decision to 

proceed with development. 

DATES: Comments should be submitted 

electronically or postmarked no later 

than September 19, 2014. All comments 

received or postmarked during the 

comment period will be made available 

to the public and considered prior to 

publication of the Final Sale Notice 

(FSN). 

All bidders interested in participating 

in the lease sale who have not 

previously been qualified by BOEM to 

participate in this lease sale must 

submit the required qualification 

materials by the end of the 60-day 

comment period for this notice. All 

qualification materials must be 

postmarked no later than September 19, 

2014. 

ADDRESSES: Potential auction 

participants, Federal, state, and local 

government agencies, tribal 

governments, and other interested 

parties are requested to submit their 

written comments on the PSN in one of 

the following ways: 

1. Electronically: http://

www.regulations.gov. In the entry 

entitled, ‘‘Enter Keyword or ID,’’ enter 

BOEM–2014–0029 then click ‘‘search.’’ 

Follow the instructions to submit public 

comments. 

2. Written Comments: In written form, 

delivered by hand or by mail, enclosed 

in an envelope labeled ‘‘Comments on 

New Jersey PSN’’ to: Office of 

Renewable Energy Programs, Bureau of 

Ocean Energy Management, 381 Elden 

Street, HM 1328, Herndon, Virginia 

20170. 

3. Qualifications Materials: Those 

submitting qualifications materials 

should contact Will Waskes, BOEM 

Office of Renewable Energy Programs, 

381 Elden Street, HM 1328, Herndon, 

Virginia 20170, (703) 787–1320, or 

Will.Waskes@boem.gov. 

If you wish to protect the 

confidentiality of your comments or 

qualification materials, clearly mark the 

relevant sections and request that BOEM 

treat them as confidential. Please label 

privileged or confidential information 

with the caption ‘‘Contains Confidential 

Information’’ and consider submitting 

such information as a separate 

attachment. Treatment of confidential 

information is addressed in the section 

of this PSN 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: Will 

Waskes, BOEM Office of Renewable 


emcdonald on DSK67QTVN1PROD with NOTICES
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Energy Programs, 381 Elden Street, HM 

1328, Herndon, Virginia 20170, (703) 

787–1320 or Will.Waskes@boem.gov. 

Authority: This PSN is published pursuant 

to subsection 8(p) of the OCS Lands Act (43 

U.S.C. 1337(p)) (‘‘the Act’’), as amended by 

section 388 of the Energy Policy Act of 2005 

(EPAct), and the implementing regulations at 

30 CFR part 585, including 30 CFR 585.211 

and 585.216. 

Background 

Environmental Reviews 

On February 3, 2012, BOEM 

published the Notice of Availability 

(NOA) (77 FR 5560) for the final 

Environmental Assessment (EA) and 

Finding of No Significant Impact 

(FONSI) for commercial wind lease 

issuance and site assessment activities 

on the Atlantic OCS offshore New 

Jersey, Delaware, and Virginia, pursuant 

to the National Environmental Policy 

Act. Consultations ran concurrently 

with the preparation of the EA and 

included consultation under the 

Endangered Species Act (ESA), 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(MSFCMA), section 106 of the National 

Historic Preservation Act (NHPA), and 

the Coastal Zone Management Act 

(CZMA). The proposed lease areas 

identified in this PSN have been 

reduced from the lease areas described 

in the Call and the New Jersey Wind 

Energy Area (WEA) described in the EA. 

An explanation regarding the reduction 

in the area is provided in the section 

entitled ‘‘Area Offered for Leasing.’’ The 

Commercial Wind Lease Issuance and 

Site Characterization Activities on the 

Atlantic Outer Continental Shelf 

Offshore New Jersey, Delaware, and 

Virginia Final Environmental 

Assessment can be found at: http://

www.boem.gov/uploadedFiles/BOEM/

Renewable_Energy_Program/Smart_

from_the_Start/Mid-Atlantic_Final_EA_

012012.pdf. 

On October 19, 2012, BOEM initiated 

consultation with the National Marine 

Fisheries Service under the ESA for 

geological and geophysical (G&G) 

activities in support of renewable 

energy development offshore New 

Jersey, New York, Massachusetts, and 

Rhode Island. Formal consultation 

concluded on April 10, 2013, with 

receipt of a Biological Opinion that, 

along with the previous informal 

consultation, informed the development 

of the New Jersey commercial wind 

lease package. Additional 

environmental reviews will be prepared 

upon receipt of the Lessees’ proposed 

project plans, such as a Site Assessment 

Plan (SAP) or Construction and 

Operations Plan (COP). 

Other Activities Under BOEM’s 

Jurisdiction 

Potential bidders should be aware of 

an unsolicited request for a right-of-way 

grant (ROW) under consideration by 

BOEM, situated within or near the New 

Jersey WEA and two limited leases 

issued by BOEM within the New Jersey 

WEA. 

Atlantic Grid Holdings LLC Right-ofWay Grant Request: On March 31, 2011, 

Atlantic Grid Holdings LLC submitted 

an unsolicited application for a ROW 

grant. Following publication of a notice 

to determine competitive interest in the 

grant area and a 60-day public comment 

period, BOEM published a 

determination of no competitive interest 

on May 15, 2012 (77 FR 28620). The 

nomination and associated notices can 

be found at: http://www.boem.gov/

Renewable-Energy-Program/StateActivities/Regional-Proposals.aspx. On 

May 1, 2013, Atlantic Grid Holdings 

LLC submitted a supplement to their 

application which can found at the web 

address above. BOEM anticipates that 

the New Jersey lease sale will occur 

prior to a decision regarding the 

granting of a ROW to Atlantic Grid 

Holdings LLC, as a result of the required 

environmental compliance 

documentation that is still needed. 

BOEM does not foresee the activities 

under the ROW grant interfering with 

Lessee’s ability to develop the lease 

areas. 

Interim Policy Leases: On November 

1, 2009, BOEM executed two Interim 

Policy leases within the New Jersey 

WEA authorizing the construction, 

installation, and operation of 

meteorological towers or buoys for a 

term of five years, to two developers 

offshore New Jersey. The location of 

each lease, the name of lease holder and 

the lease number are listed below. 

Lease No. Lessee Protraction No. Block No. Sub-Block 

OCS–A 0472 ................................... Deepwater Wind LLC ..................... Wilmington NJ18–02 ...................... 7033 All 

OCS–A 0473 ................................... Fishermen’s Energy LLC ................ Wilmington NJ18–02 ...................... 6931 H,K,L,N,O,P 

These leases do not confer a right to 

develop a commercial offshore wind 

project. Rather, the leases grant the 

exclusive right to conduct the activities 

described in each lease, which are 

limited to installing and operating 

facilities to characterize wind and 

environmental resources. Interim Policy 

lease holder’s rights are preserved until 

the leases expire on November 1, 2014. 

Electronic copies of the executed lease 

can be found at: http://www.boem.gov/ 

Renewable-Energy-Program/InterimPolicy.aspx. BOEM anticipates the New 

Jersey lease sale to occur after the 

Interim Policy leases have expired. 

Deadlines and Milestones for Bidders: 

This section describes the major 

deadlines and milestones in the auction 

process from publication of this PSN to 

execution of leases pursuant to this sale. 

These are organized into various stages: 

(1) The PSN comment period; (2) from 

end of PSN comment period to 

publication of the FSN; (3) the FSN 

waiting period; (4) conducting the 

Auction; and (5) from the Auction to 

Lease execution. 

1. The PSN Comment Period 

• Submit Comments: The public is 

invited to submit comments during this 

60-day period. 

• Public Seminar: BOEM will host a 

public seminar to discuss the lease sale 

process and the auction format. 

• Receive Qualifications Materials: 

All qualifications materials must be 

received by BOEM by the end of the 60- 

day comment period. This includes 

materials sufficient to establish a 

company’s legal, technical and financial 

qualifications. 

• Select and Invite Panelist: BOEM 

will appoint a panel of three BOEM 

employees for the purpose of reviewing 

the non-monetary packages and 

verifying the results of the lease sale. 

2. End of PSN Comment Period to FSN 

Publication 

• Review Comments: BOEM will 

review all comments submitted in 

response to the PSN during the 

comment period. 

• Finalize Qualifications Reviews: 

BOEM will complete any outstanding 

qualifications reviews using materials 

that were submitted during the PSN 

comment period and requested by 

BOEM prior to the FSN. The final list 

of eligible bidders will be published in 

the FSN. 


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Federal Register / Vol. 79, No. 139 / Monday, July 21, 2014 / Notices 42363 

• Prepare the FSN: BOEM will 

prepare the FSN by updating the PSN 

where appropriate. 

• Brief and Update the BOEM New 

Jersey Task Force: BOEM may schedule 

a meeting or teleconference of the 

BOEM New Jersey Intergovernmental 

Task Force to discuss the FSN. 

• Publish FSN: BOEM will publish 

the FSN in the Federal Register. 

3. FSN Waiting Period 

• Bidders Financial Form (BFF): No 

later than 14 days after the publication 

of the FSN in the Federal Register, 

eligible bidders must submit a complete 

and signed BFF to BOEM. Once this 

information has been processed by 

BOEM, bidders may log into pay.gov 

and leave bid deposits. If BOEM doesn’t 

receive the BFF by the date mentioned 

in the Federal Register, a company may 

be disqualified from participating in the 

auction. 

• Bid Deposits: No later than 30 days 

after the publication of the FSN in the 

Federal Register, bidders must submit a 

bid deposit meeting the requirements 

listed in the FSN. Any bidder that fails 

to submit the bid deposit by the 

deadline included in the FSN may be 

disqualified from participating in the 

auction. 

• Non-Monetary Package: No later 

than 30 days after the publication of the 

FSN in the Federal Register, bidders 

seeking a non-monetary credit must 

submit a non-monetary package meeting 

the requirements listed in the FSN. 

• Mock Auction: BOEM will hold a 

Mock Auction open to qualified sale 

bidders only. The Mock Auction will 

take place approximately one week 

before the lease sale. Final details of the 

Mock Auction will be provided in the 

FSN. 

4. Conduct the Auction: BOEM, 

through its contractor, will hold an 

auction as described in this notice. The 

auction will take place no sooner than 

30 days following publication of the 

FSN in the Federal Register. The 

estimated time frames described in this 

notice assume an auction date 

approximately 45 days after publication 

of the FSN. 

• Convene Panel: The panel will 

convene to consider non-monetary 

packages submitted by qualified 

bidders. The panel will send 

determinations of credit eligibility to 

BOEM, and BOEM will inform eligible 

bidders. BOEM proposes that bidders 

will not be informed of the nonmonetary credit eligibility of other 

bidders before the auction. 

• Monetary Auction: The monetary 

auction will be conducted on the date 

specified in the FSN. 

• Announce Provisional Winners: 

BOEM will announce the provisional 

winners of the lease sale after the 

auction ends. 

• Reconvene the Panel: The panel 

will reconvene to verify auction results. 

5. From Auction to Lease Execution 

• Refund Non-Winners: BOEM will 

return the bid deposit of any bidder that 

did not win a lease in the lease sale. 

BOEM will provide a written 

explanation of why the bidder did not 

win. 

• Department of Justice (DOJ) Review: 

BOEM will allow the Department of 

Justice (DOJ) 30 days in which to 

conduct an antitrust review of the 

auction, pursuant to 43 U.S.C 1337(c), 

which reads, in relevant part: 

Antitrust review of lease sales. 

Following each notice of a proposed 

lease sale and before the acceptance of 

bids and the issuance of leases based on 

such bids, the Secretary [of the Interior] 

shall allow the Attorney General, in 

consultation with the Federal Trade 

Commission, 30 calendar days to review 

the results of such lease sale, except that 

the Attorney General, after consultation 

with the Federal Trade Commission, 

may agree to a shorter review period. 

• Delivery of Leases: BOEM will send 

three lease copies to each winner, with 

instructions on how to execute the 

leases. The first year’s rent is due 45 

days after the winner receives the lease 

copies for execution. 

• Return the Leases: The auction 

winners will have 10 business days 

from receiving the lease copies in which 

to file financial assurance, pay any 

outstanding balance of their bonus bids, 

and return the three executed lease 

copies. 

• Execution of Leases: Once BOEM 

has received the signed lease copies and 

verified that all required materials have 

been received, BOEM will make a final 

determination regarding its execution of 

the leases and will execute the leases if 

appropriate. 

Financial Terms and Conditions: This 

section provides an overview of the 

basic annual payments required of the 

Lessee that will be fully described in 

each lease, and the financial assurance 

requirements that will be associated 

with each lease. 

Rent 

The first year’s rent payment of $3 per 

acre for the entire lease area is due 

within 45 days of the date the Lessee 

receives the lease for execution. 

Thereafter, annual rent payments are 

due on the anniversary of the Effective 

Date of the lease, i.e., the Lease 

Anniversary. Once the first commercial 

operations under the lease begin, rent 

will be charged on the remaining part of 

the lease not authorized for Commercial 

Operations, i.e., not generating 

electricity. However, instead of 

geographically dividing the lease area 

into acreage that is ‘‘generating’’ and 

acreage that is ‘‘non-generating,’’ the 

fraction of the lease accruing rent is 

based on the fraction of the total 

nameplate capacity of the project that is 

not yet in operation. The fraction is the 

nameplate capacity (as defined herein), 

which is not yet authorized for 

commercial operations at the time 

payment is due, divided by the 

maximum nameplate capacity after full 

installation of the project, as defined in 

the COP. This fraction is then 

multiplied by the amount of rent that 

would be due for the Lessee’s entire 

leased area at the rental rate of $3 per 

acre to obtain the annual rent due for a 

given year. 

For example, for a lease the size of 

343,833 acres (the size of the entire PSN 

Area), the amount of rent payment will 

be $1,031,499 per year if no portion of 

the leased area is authorized for 

commercial operations. If 500 

megawatts (MW) of a project’s 

nameplate capacity is operating (or 

authorized for operation), and its most 

recent approved COP specifies a 

maximum project size of 1000 MW, the 

rent payment will be $515,750. For the 

above example, this would be calculated 

as follows: 500MW/1000MW × ($3/acre 

× 343,833 acres) = $515,750. 

The Lessee also must pay rent for any 

project easement associated with the 

lease commencing on the date that 

BOEM approves the COP (or 

modification) that describes the project 

easement. Annual rent for a project 

easement, 200-feet wide and centered 

on the transmission cable, is $70.00 per 

statute mile. For any additional acreage 

required, the Lessee must also pay the 

greater of $5.00 per acre per year or 

$450.00 per year. 

Operating Fee 

For purposes of calculating the initial 

annual operating fee payment, an 

operating fee rate is applied to a proxy 

for the wholesale market value of the 

electricity expected to be generated from 

the project during its first twelve 

months of operations. This initial 

payment is prorated to reflect the period 

between the commencement of 

commercial operations and the Lease 

Anniversary. The initial annual 

operating fee payment is due within 45 

days of the commencement of 

commercial operations. Thereafter, 

subsequent annual operating fee 

payments are due on or before each 


emcdonald on DSK67QTVN1PROD with NOTICES
42364 Federal Register / Vol. 79, No. 139 / Monday, July 21, 2014 / Notices 

Lease Anniversary. The subsequent 

annual operating fee payments are 

calculated by multiplying an operating 

fee rate by the imputed wholesale 

market value of the projected annual 

electric power production. For the 

purposes of this calculation, the 

imputed market value is the product of 

the project’s annual nameplate capacity, 

the total number of hours in the year 

(8,760), capacity utilization factor, and 

the annual average price of electricity 

derived from a historical regional 

wholesale power price index. For 

example, an annual operating fee for a 

100 MW wind facility operating at a 

40% capacity with a regional wholesale 

power price of $40/MWh under an 

operating fee rate of 0.02 would be 

calculated as follows: 

Operating Fee Rate: The operating fee 

rate is set at 0.02 (i.e., 2%) during the 

entire life of commercial operations. 

BOEM requests comments and 

supporting information on whether 

BOEM should modify the operating fee 

rate. 

Nameplate Capacity: Nameplate 

capacity is the maximum rated electric 

output, expressed in MW, that the 

turbines of the wind facility under 

commercial operations can produce at 

their rated wind speed designated by 

the turbine’s manufacturer. The 

nameplate capacity at the start of each 

year of commercial operations on the 

lease will be specified in the COP. For 

example, if the Lessee has 20 turbines 

under commercial operations rated by 

the design manufacturer at 5 MW of 

output each, the nameplate capacity of 

the wind facility at the rated wind speed 

of the turbines would be 100 MW. 

Capacity Factor: The capacity factor 

relates the amount of energy delivered 

to the grid during a period of time to the 

amount of energy the wind facility 

would have produced at full capacity. 

There are several reasons why the 

amount of power delivered is less than 

the theoretical 100% of capacity. For a 

wind facility, the capacity factor is 

mostly determined by the availability of 

wind. Transmission line loss and down 

time for maintenance or other purposes 

also affect the capacity factor. 

The capacity factor represents the 

share of anticipated generation of the 

wind facility that is delivered to the 

interconnection grid (i.e., where the 

Lessee’s facility interconnects with the 

electric grid) relative to the wind 

facility’s generation at continuous full 

power operation at nameplate capacity, 

expressed as a decimal between zero 

and one. The capacity factor for the year 

in which the Commercial Operation 

Date occurs and for the first six full 

years of commercial operations on the 

lease is set to 0.4 (i.e., 40%) to allow for 

one year of installation and testing 

followed by five years at full 

availability. At the end of the sixth year, 

the capacity factor may be adjusted to 

reflect the performance over the 

previous five years based upon the 

actual metered electricity generation at 

the delivery point to the electrical grid. 

Similar adjustments to the capacity 

factor may be made once every five 

years thereafter. The maximum change 

in the capacity factor from one period to 

the next will be limited to plus or minus 

10 percent of the previous period’s 

value. 

Wholesale Power Price Index: The 

wholesale power price, expressed in 

dollars per MW hour, is determined at 

the time each annual operating fee 

payment is due, based on the weighted 

average of the inflation-adjusted peak 

and off-peak spot price indices for the 

Northwest—PJM West power market for 

the most recent year of data available as 

reported by the Federal Energy 

Regulatory Commission (FERC) as part 

of its annual State of the Markets Report 

with specific reference to the summary 

entitled, ‘‘Electric Market Overview: 

Regional Spot Prices.’’ The wholesale 

power price is adjusted for inflation 

from the year associated with the 

published spot price indices to the year 

in which the operating fee is to be due 

based on the Lease Anniversary using 

annual implicit price deflators as 

reported by the U.S. Department of 

Commerce Bureau of Economic 

Analysis. 

Financial Assurance 

Within 10 business days after 

receiving the lease copies, the winner 

must provide an initial lease-specific 

bond or other approved means of 

meeting the Lessor’s initial financial 

assurance requirements, in the amount 

of $100,000. BOEM will base the 

amount of all SAP, COP, and 

decommissioning financial assurance 

requirements on estimates of cost to 

meet all accrued lease obligations. The 

amount of supplemental and 

decommissioning financial assurance 

requirements will be determined on a 

case-by-case basis. 

The financial terms can be found in 

Addendum ‘‘B’’ of the proposed leases, 

which BOEM has made available with 

this notice on its Web site at: http://

www.boem.gov/State-Activities-NewJersey/. 

Place and Time: The auction will be 

held online. The time that the auction 

will be held will be published in the 

FSN. The date has not been finalized at 

this time, but will be no earlier than 30 

days after publication of the FSN in the 

Federal Register. 

Public Seminar: BOEM will host a 

public seminar to introduce potential 

bidders and other stakeholders to the 

auction format provided in the PSN, 

explain the auction rules, and 

demonstrate the auction process. The 

time and place of the seminar will be 

announced by BOEM and published on 

the BOEM Web site at http://

www.boem.gov/State-Activities-NewJersey/. No registration or RSVP is 

required to attend. 

Mock Auction: BOEM will host a 

mock auction to educate qualified 

bidders about the procedures to be 

employed during the auction and to 

answer questions. The mock auction 

will take place between the publication 

of the FSN in the Federal Register and 

the date of the auction. Following 

publication of the FSN in the Federal 

Register, details of the mock auction 

will be distributed to those eligible to 

participate in the auction. All qualified 

bidders that intend to participate in the 

auction are strongly encouraged to 

participate in the mock auction. Bidders 

will be eligible to participate in the 

mock auction if they have been legally, 

technically and financially qualified to 

participate in this lease sale, and have 

submitted an adequate bid deposit as 

discussed herein. 

Bid Deposit: A bid deposit is an 

advance cash deposit submitted to 

BOEM to participate in the auction. No 

later than the deadline provided in the 

FSN, each bidder must submit a bid 

deposit of $450,000 per unit of desired 

initial eligibility. Each lease is worth 

one unit of bid eligibility in the auction. 

The required bid deposit for any 

participant intending to bid on both 

leases in the first round of the auction 

will be $900,000. Any participant 

intending to bid on only one of the 

leases during the auction must submit a 

bid deposit of $450,000. Any bidder that 

fails to submit the bid deposit by the 


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deadline described herein may be 

disqualified from participating in the 

auction. Bid deposits will be accepted 

online via pay.gov. Following 

publication of the FSN, each bidder 

must fill out the Bidder’s Financial 

Form included in the FSN. BOEM has 

made a copy of the proposed form 

available with this notice on its Web site 

at: http://www.boem.gov/StateActivities-New-Jersey/. This form 

requests that each bidder designate an 

email address that the bidder should use 

to create an account in pay.gov. After 

establishing the pay.gov account, 

bidders may use the Bid Deposit Form 

on the pay.gov Web site to leave a 

deposit. 

Following the auction, bid deposits 

will be applied against any bonus bids 

or other obligations owed to BOEM. If 

the bid deposit exceeds a bidder’s total 

financial obligation, the balance of the 

bid deposit will be refunded to the 

bidder. BOEM will refund bid deposits 

to unsuccessful bidders. 

Minimum Bid: In this auction, 

approximately 160,480 acres would be 

offered for sale as Lease OCS–A 0498 

and approximately 183,353 acres would 

be offered for sale as Lease OCS–A 0499. 

BOEM proposes a minimum bid of 

$2.00 per acre for this lease sale. 

Therefore, the minimum acceptable bid 

will be $320,960 for Lease OCS–A 0498 

and $366,706 for Lease OCS–A 0499. 

Areas Offered for Leasing: The area 

available for sale will be auctioned as 

two leases, Lease OCS–A 0498 [South 

Lease Area (South LA)] and Lease OCS– 

A 0499 [North Lease Area (North LA)]. 

South LA consists of 160,480 acres and 

North LA consists of 183,353 acres. The 

total area is approximately 343,833 

acres. If there are adequate bids, two 

leases will be issued pursuant to this 

lease sale. A description of the lease 

areas can be found in Addendum ‘‘A’’ 

of the proposed leases, which BOEM 

has made available with this notice on 

its Web site at: http://www.boem.gov/

State-Activities-New-Jersey/. 

A map of the North and South LAs, 

GIS spatial files, and a table of the 

boundary coordinates in X, Y (eastings, 

northings) UTM Zone 18, NAD83 Datum 

and geographic X, Y (longitude, 

latitude), NAD83 Datum can be found at 

the following URL: http://

www.boem.gov/State-Activities-NewJersey/. 

A large scale map of these areas 

showing boundaries of the area 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, Phone: (703) 787–1300, Fax: 

(703) 787–1708. 

Delineation of the Leasing Areas 

Reduction of Call Area Due to Vessel 

Traffic Concerns 

The area that was published in the 

Call comprises 62.25 whole OCS blocks 

encompassing approximately 143,424 

hectares (354,407 acres). The area 

offered for leasing in this PSN has been 

reduced compared to the area described 

in the Call notice. The primary reason 

for this reduction is the navigation 

concerns raised by the U.S. Coast Guard 

(USCG) at the December 18, 2012, 

BOEM New Jersey Renewable Energy 

Task Force meeting. The USCG 

presentation provided its analysis of 

vessel traffic transits through the NJ 

WEA and described the implication of 

allowing offshore wind development in 

the area. The USCG explained that these 

OCS blocks are located directly south of 

the Ambrose to Barnegat traffic lane, 

creating a navigational obstacle. After 

discussion by the Task Force, BOEM 

decided that it would be appropriate to 

remove OCS Blocks Wilmington NJ18– 

02 Block 6740 and Block 6790 (A, B, C, 

D, E, F, G, H, I, J, K, M, N) and Block 

6840 (A) to alleviate navigational safety 

concerns resulting from vessel transits 

out of the New York Harbor. The USCG 

presentation can be found at: http://

www.boem.gov/Renewable-EnergyProgram/State-Activities/USCG.aspx. 

Analysis Conducted by National 

Renewable Energy Laboratory and 

Rutgers University 

BOEM commissioned the Department 

of Energy’s National Renewable Energy 

Laboratory (NREL) to conduct an 

analysis to inform BOEM’s 

identification and delineation of leasing 

areas within the New Jersey WEA prior 

to identifying areas to propose for 

leasing in the PSN. NREL’s final report, 

‘‘Assessment of Offshore Wind Energy 

Leasing Areas for the BOEM New Jersey 

Area,’’ was published in October 2013 

and is available on the BOEM Web site 

at: http://www.boem.gov/StateActivities-New-Jersey/. In this final 

report, NREL analyzed development 

scenarios for the following New Jersey 

WEA leasing options: Two leasing areas, 

three leasing areas and four leasing 

areas. 

The New Jersey Board of Public 

Utilities (NJ BPU) through a contract 

with Rutgers University’s Institute of 

Marine and Coastal Science conducted 

a similar analysis to assess the offshore 

wind potential of the New Jersey Coast. 

In addition to conducting its analysis at 

the mesoscale, Rutgers also conducted a 

microscale analysis which incorporates 

the unique oceanographic and 

atmospheric characteristics found 

offshore New Jersey (i.e., sea breeze, 

coastal upwelling, coast line orientation, 

coastal topographic features, coastal 

storms, etc.). Rutgers’ final report, ‘‘An 

Advanced Atmospheric Ocean 

Assessment Program Designed to 

Reduce the ‘Risks’ Associated with 

Offshore Wind Energy Applications,’’ 

was completed in April 2013 and is 

available at: http://rei.rutgers.edu/

index.php?option=com_

content&task=view&id=202&Itemid=29. 

Rationale for Proposal To Offer New 

Jersey WEA as Two Leasing Areas 

In 2010, Governor Chris Christie 

signed the New Jersey Offshore Wind 

Economic Development Act (OWEDA) 

N.J.S.A 48:3–87.1, directing the NJ BPU 

to develop an Offshore Renewable 

Energy Certificate (OREC) program to 

require that a percentage of electricity 

sold in the State be from offshore wind 

energy. While the percentage was not 

mandated by OWEDA, at a minimum, 

the percentage adopted by the NJ BPU 

must support at least 1,100 MW of 

generation from ‘‘qualified’’ offshore 

wind projects. For a project to be 

qualified, it must pass the ‘‘net benefits 

test’’ required by OWEDA. Any project 

application that fails to meet the net 

benefits test is not eligible to receive an 

OREC. The codified rules adopted by 

the NJ BPU (N.J.A.C. 14:8–6) do not 

specifically dictate how the BPU is to 

determine whether a particular project 

meets the ‘‘net benefits test.’’ However, 

it is BOEM’s understanding that one of 

the primary factors affecting the 

determination will be whether a project 

is of sufficient size to bring 

manufacturing, and thus jobs to New 

Jersey. 

BOEM aims to provide an optimal 

opportunity for each project to be of 

sufficient size to pass the ‘‘net benefits 

test.’’ Based on input from the State that 

is supported by feedback from the 

offshore wind development community, 

BOEM is of the understanding that an 

offshore wind project of at least 1,000– 

1,100 MW would be needed to entice a 

turbine manufacturer or foundation 

supplier to set up manufacturing in New 

Jersey. Based on analysis of wind 

capacities by NREL and Rutgers 

University (referenced above), BOEM 

believes a two lease scenario maximizes 

the number of leases, consistent with 

providing lease areas large enough to 

potentially satisfy the ‘‘net benefits 

test.’’ 

BOEM requests comments on these 

assumptions and the number of lease 

areas that should be auctioned during 


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this notice’s comment period and will 

consider all comments received prior to 

publishing a FSN and holding a sale. 

Potential Future Restrictions To Ensure 

Navigational Safety 

Potential bidders should note that all 

or portions of certain sub-blocks in the 

North and South LAs may not be 

available for future development (i.e., 

installation of wind facilities) because of 

navigational safety concerns. 

At the New Jersey Intergovernmental 

Task Force on December 18, 2012, the 

USCG presented an analysis of tug, 

towing and barge traffic that currently 

transit through the New Jersey WEA. 

Their presentation discussed potential 

safety implications and possible 

changes in traffic patterns as mariners 

reroute around the New Jersey WEA 

once development occurs. The impacts 

in vessel patterns may require that 

BOEM mitigate offshore wind 

development in a portion of the North 

or South LAs to ensure navigational 

safety through site-specific stipulations. 

Any reductions or limitations to the 

North or South LAs will be determined 

at the COP stage when the Lessee’s site 

specific navigational risk assessment is 

available to inform BOEM’s decisionmaking. In particular, USCG has 

identified the OCS Blocks listed in 

Table 1 as blocks of highest concern. 

These blocks represent 6.8% of the 

South LA. 

Maps identifying these blocks and 

sub-blocks are available on BOEM’s 

Web site at: http://www.boem.gov/StateActivities-New-Jersey/. BOEM welcomes 

comments on navigational safety during 

this notice’s comment period and will 

consider all comments received prior to 

publishing a FSN and holding a sale. 

TABLE 1—SOUTH LEASING AREA: BLOCKS WITH POTENTIAL RESTRICTIONS

Protraction name Protraction No. Block No. Sub-block 

Wilmington ............................................................................................. NJ18–02 7080 All Sub-Blocks. 

Wilmington ............................................................................................. NJ18–02 7030 B,C,D,E,F,G,H,I,J,K,L,M,N,O,P. 

Potential Future Restrictions To 

Minimize Conflicts With Active 

Undersea Cables 

Potential bidders should note that all 

or portions of certain sub-blocks in the 

North LA may not be available for future 

development (i.e., installation of wind 

facilities) because of the presence of 

active subsea cables. 

The Department of State has provided 

BOEM with information identifying four 

active subsea cables that are present in 

the North LA. The degree to which 

subsea cables will interfere with 

offshore wind facility or the associated 

infrastructure has not been determined 

at this time. BOEM will determine if any 

site-specific mitigation is needed at the 

COP stage when more detailed 

information and analysis is available to 

inform BOEM’s decision-making. Table 

2 lists the sub-blocks where the active 

cables are present. These sub-blocks 

represent 6.41% of the North LA. Maps 

identifying these whole blocks and subblocks are available on BOEM’s Web site 

at: http://www.boem.gov/State-Activities

-New-Jersey/. 

BOEM welcomes comments on 

potential conflicts and mitigation 

strategies to ensure compatibility 

between subsea cables and wind facility 

infrastructure during this notice’s 

comment period and will consider all 

comments received prior to publishing 

a FSN and holding a sale. 

TABLE 2—NORTH LEASING AREA: BLOCKS WHERE ACTIVE SUBSEA CABLES ARE PRESENT

Protraction name Protraction No. Block No. Sub-block 

Wilmington ............................................................................................. NJ18–02 6438 O. 

Wilmington ............................................................................................. NJ18–02 6488 C, D. 

Wilmington ............................................................................................. NJ18–02 6489 A,B,C,D. 

Wilmington ............................................................................................. NJ18–02 6588 A,B,C,D,F,G,H. 

Wilmington ............................................................................................. NJ18–02 6539 I,J,K,M,N,O,P. 

Wilmington ............................................................................................. NJ18–02 6589 A,B,C,D,E,F,G,H,I,J,K,L. 

Withdrawal of Blocks: Interested 

parties should note that BOEM reserves 

the right to withdraw areas from this 

lease sale prior to its execution of a 

lease based upon comments received in 

response to this notice and other 

relevant information provided to the 

bureau. 

Lease Terms and Conditions: The 

proposed leases contain proposed lease 

terms, conditions and stipulations for 

OCS commercial wind leases in the 

New Jersey PSN Area. BOEM reserves 

the right to add additional terms and 

conditions to any approval of a SAP, or 

COP. The proposed leases, including 

Addendum ‘‘C’’, are available on 

BOEM’s Web site at: http://

www.boem.gov/State-Activities-NewJersey/. Each proposed lease includes 

the following seven attachments: 

• Addendum ‘‘A’’ (Description of 

Leased Area and Lease Activities); 

• Addendum ‘‘B’’ (Lease Term and 

Financial Schedule); 

• Addendum ‘‘C’’ (Lease Specific 

Terms, Conditions, and Stipulations); 

• Addendum ‘‘D’’ (Project Easement); 

• Addendum ‘‘E’’ (Rent Schedule); 

• Appendix A to Addendum C: 

(Incident Report: Protected Species 

Injury or Mortality); and 

• Appendix B to Addendum C: 

(Required Data Elements for Protected 

Species Observer Reports). 

Addenda ‘‘A’’, ‘‘B’’, and ‘‘C’’ provide 

detailed descriptions of lease terms and 

conditions. Addenda ‘‘D’’ and ‘‘E’’ will 

be completed at the time of COP 

approval or approval with 

modifications. 

After considering comments on the 

PSN and the proposed leases, BOEM 

will publish final lease terms and 

conditions in the FSN. 

The most recent version of the lease 

form is available on BOEM’s Web site at: 

http://www.boem.gov/RenewableEnergy-Program/RegulatoryInformation/Index.aspx#Lease_Forms. 

Plans 

Pursuant to 30 CFR 585.601, the 

leaseholder must submit a SAP within 

12 months of lease issuance. If the 

leaseholder intends to continue its 

commercial lease with an operations 

term, the leaseholder must submit a 


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COP at least 6 months before the end of 

the site assessment term. 

Qualifications—Who May Bid: Any 

potential bidder that has not already 

submitted a complete set of 

qualification materials must do so by 

the end of the 60-day comment period 

of this PSN. To be eligible to participate 

in the auction, each potential bidder 

must have been found by BOEM to be 

legally, technically and financially 

qualified under BOEM’s regulations at 

30 CFR 585.106–107 by the time the 

FSN for this sale is published. Please 

note that technical and financial 

qualifications are lease specific; it is not 

sufficient to have been technically and 

financially qualified to pursue a project 

offshore another state. 

Guidance and examples of the 

appropriate documentation 

demonstrating the required legal 

qualifications can be found in Chapter 

2 and Appendix B of Guidelines for the 

Minerals Management Service 

Renewable Energy Framework, available 

on BOEM’s Web site at http://

www.boem.gov/Renewable-EnergyProgram/Regulatory-Information/

Index.aspx. Guidance regarding how 

bidders may demonstrate their technical 

and financial qualifications is provided 

in Qualification Guidelines to Acquire 

and Hold Renewable Energy Leases and 

Grants and Alternate Use Grants on the 

U.S. Outer Continental Shelf, available 

on BOEM’s Web site at: (http://

boem.gov/Renewable-Energy-Program/

Regulatory-Information/

QualificationGuidelines-pdf.aspx). 

BOEM strongly recommends that 

bidders refer to this guidance before 

submitting their qualification materials, 

as the guidance is updated periodically. 

Bidders must submit documentation 

necessary to demonstrate their legal, 

technical, and financial qualifications to 

BOEM, in both paper and electronic 

formats. BOEM considers an Adobe PDF 

file stored on any electronic media 

device to be an acceptable format for 

submitting an electronic copy. In your 

qualification materials, provide a 

general description of the project you 

would like to construct on the lease area 

sought in this sale, including estimates 

of the project area and total nameplate 

capacity of the proposed facilities. 

Please note that it may take a number 

of weeks for you to establish your legal, 

technical, and financial qualifications. 

BOEM advises potential bidders 

planning to participate in a sale to 

establish their qualifications promptly. 

It is not uncommon for BOEM to request 

additional materials establishing 

qualifications following an initial 

review of the qualifications package. 

Any potential bidder whose 

qualification package is incomplete at 

the time the FSN for this sale is 

published in the Federal Register will 

be found to have failed to establish its 

qualifications and will be unable to 

participate in the sale. 

Auction Procedures 

Summary of Auction Format 

For the sale of Lease OCS–A 0498 and 

Lease OCS–A 0499, BOEM will use a 

multiple-factor auction format, with a 

multiple-factor bidding system. Under 

this system, BOEM may consider a 

combination of monetary and 

nonmonetary factors, or ‘‘variables,’’ in 

determining the outcome of the auction. 

BOEM will appoint a panel of three 

BOEM employees for the purposes of 

reviewing the non-monetary packages 

and verifying the results of the lease 

sale. BOEM reserves the right to change 

the composition of this panel prior to 

the date of the lease sale. The panel will 

determine whether any bidder has 

earned a non-monetary credit to be used 

during the auction (i.e., if a bidder holds 

a Power Purchase Agreement (PPA), or 

a Qualified Application for a OREC that 

has been approved or conditionally 

approved by the NJ BPU as defined 

herein), and, if one or more bidders has 

earned such a credit, the percentage the 

credit will be worth. The auction will 

balance consideration of two variables: 

(1) A cash bid, and (2) a non-monetary 

credit. In sum, these two variables 

comprise the multi-factor bid or ‘‘AsBid’’ auction price, as reflected either in 

a bidder meeting BOEM’s asking price 

or the bidder offering its own IntraRound Bid prices subject to certain 

conditions, as described more fully in 

the following section. A multiple-factor 

auction, wherein both monetary and 

nonmonetary bid variables are 

considered, is provided under BOEM’s 

regulations at 30 CFR §§ 585.220(a)(4) 

and 585.221(a)(6). 

Overview of the Multiple-Factor Bidding 

Format Proposed for This Sale 

Under a multiple-factor bidding 

format, as set forth at 30 CFR 

585.220(a)(4), BOEM may consider a 

combination of factors as part of a bid. 

The regulation states that one bid 

proposal per bidder will be accepted, 

but does not further specify the 

procedures to be followed in the 

multiple-factor format. This multiplefactor format is intended to allow BOEM 

flexibility in administering the auction 

and in balancing the variables 

presented. The regulation leaves to 

BOEM the determination of how to 

administer the multiple-factor auction 

format in order to ensure receipt of a fair 

return under the Outer Continental 

Shelf Lands Act, (OCSLA), 43 U.S.C 

1337(p)(2)(A). 

BOEM’s regulations at 30 CFR 

585.220(a)(4) allow for a multi-round 

auction in which each bidder may 

submit only one proposal per LA or for 

a set of LAs in each round of the 

auction. This auction will be conducted 

in a series of rounds. At the start of each 

round, BOEM will state an asking price 

for the North LA and an asking price for 

the South LA. The asking price for a bid 

on both LAs is the sum of the asking 

prices for the North LA and the South 

LA. Each bidder will indicate whether 

it is willing to meet the asking price for 

one or both LAs. A bid submitted at the 

full asking price for one or both LAs in 

a particular round is referred to as a 

‘‘live bid.’’ A bidder must submit a live 

bid for at least one of the LAs in each 

round to participate in the next round 

of the auction. As long as there is at 

least one LA that is included in two or 

more live bids, the auction continues, 

and the next round is held. 

A bidder’s As-Bid price must meet the 

asking price for it to be considered a live 

bid. A bidder may meet the asking price 

by submitting a monetary bid equal to 

the asking price, or, if it has earned a 

credit, by submitting a multiple-factor 

bid—that is, a live bid that consists of 

a monetary element and a non-monetary 

element, the sum of which equals the 

asking price. A multiple-factor bid 

would consist of the sum of a cash 

portion and any credit portion which 

the bidder has earned. 

An uncontested bid is a live bid that 

does not overlap with other live bids in 

that round. For example, a bid for both 

the North and the South LAs is 

considered contested if any LA included 

in that bid is included in another bid— 

a bid cannot be ‘‘partially uncontested.’’ 

An uncontested bid represents the only 

apparent interest in that bid’s LA(s) at 

the asking price for that round. If a 

bidder submits an uncontested bid 

consisting of one LA, and the auction 

continues for another round, BOEM 

automatically carries that same live bid 

forward as a live bid into the next 

round, and BOEM’s asking price for the 

LA contained in the uncontested bid 

would remain unchanged from the 

previous round. If the price on the LA 

in that bid rises later in the auction 

because another bidder places a live bid 

on that LA, BOEM will stop 

automatically carrying forward the 

previously uncontested bid. Once the 

asking price goes up, the bidder that 

placed the previously carried-forward 

bid is free to bid on either lease area at 

the new asking prices. 


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Following each round in which either 

LA is contained in more than one live 

bid, BOEM will raise the asking price 

for that LA by an increment determined 

by BOEM. The auction concludes when 

neither the North LA nor the South LA 

is included in more than one live bid. 

The series of rounds and the rising 

asking prices set by BOEM will facilitate 

consideration of the first variable—the 

cash portion of the bid. 

The second variable—a credit of up to 

25% of a monetary bid for holding a 

PPA, or a New Jersey OREC Order—will 

be applied throughout the auction 

rounds as a form of imputed payment 

against the asking price for the highest 

priced LA in a bidder’s multiple-factor 

bid. This credit serves to supplement 

the amount of a cash bid proposal made 

by a particular bidder in each round. In 

the case of a bidder holding a credit and 

bidding on more than one LA, the credit 

will be applied only on the LA with the 

highest asking price. More details on the 

non-monetary factors are found in the 

‘‘Credit Factors’’ section herein. 

The panel will evaluate non-monetary 

packages consisting of any purported 

PPA, or qualified New Jersey OREC 

Order, to determine whether it meets 

the criteria provided in the FSN, and 

therefore whether it will qualify for a 

credit for its holder. It is possible that 

the panel could determine that no 

bidder qualifies for a non-monetary 

credit during the auction, in which case 

the auction would otherwise proceed as 

described in the FSN. The panel will 

determine the winning bids for each LA 

on the basis of the procedures described 

in the FSN. 

Details of the Auction Process 

Bidding—Live Bids 

Each bidder is allowed to submit a 

live bid for one LA (North or South), or 

both LAs based on its ‘‘eligibility’’ at the 

opening of each round. A bidder’s 

eligibility is either two, one, or zero 

LAs, and it corresponds to the 

maximum number of LAs that a bidder 

may include in a live bid during a single 

round of the auction. A bidder’s initial 

eligibility is determined based on the 

amount of the bid deposit submitted by 

the bidder prior to the auction. To be 

eligible to offer a bid on one LA at the 

start of the auction, a bidder must 

submit a bid deposit of $450,000. To be 

eligible to offer a bid on both the North 

and South LAs in the first round of the 

auction, the bidder must submit a bid 

deposit of $900,000. A bidder’s bid 

deposit will be used by BOEM as a 

down payment on any monetary 

obligations incurred by the bidder 

should it be awarded a lease. 

As the auction proceeds, a bidder’s 

eligibility is determined by the number 

of LAs included in its live bid submitted 

in the round prior to the current round. 

That is, if a bidder submitted a live bid 

on one LA in the previous round, that 

bidder may submit a bid that includes 

at most one LA in the current round. If 

a bidder submitted a live bid comprised 

of both LAs in the previous round, that 

bidder may submit a live bid that also 

includes these two LAs in the current 

round. Unless a bidder has an 

uncontested bid that is carried forward 

into the next round, a bidder that 

submitted a live bid for both LAs may 

choose to submit a live bid for one LA. 

Thus, eligibility in successive rounds 

may stay the same or go down, but it 

can never go up. 

In the first round of the auction, 

bidders have the following options: A 

bidder with an initial eligibility of one 

(that is, a bidder who submitted a bid 

deposit of $450,000) may: 

• Submit a live bid on the North LA 

or the South LA, or 

• Submit nothing, and drop out of the 

auction. 

A bidder with an initial eligibility of 

two (that is, a bidder who submitted a 

bid deposit of $900,000) may: 

• Submit a live bid for both the North 

and South LAs, 

• Submit a live bid for either the 

North LA or the South LA, or 

• Submit nothing, and drop out of the 

auction. 

Before each subsequent round of the 

auction, BOEM will raise the asking 

price for any LA that was contained in 

more than one live bid in the previous 

round. BOEM will not raise the asking 

price for a LA that was in only one or 

no live bids in the previous round. 

Asking price increments will be 

determined by BOEM, in its sole 

discretion. BOEM will base asking price 

increments on a number of factors, 

including: 

• Making the increments sufficiently 

large that the auction will not take an 

unduly long time to conclude; and 

• Decreasing the increments as the 

asking price of a LA nears its apparent 

final price. 

BOEM reserves the right during the 

auction to increase or decrease 

increments if it determines, in its sole 

discretion, that a different increment is 

warranted to enhance the efficiency of 

the auction process. Asking prices for 

the LAs included in multiple live bids 

in the previous round will be raised and 

rounded to the nearest whole dollar 

amount to obtain the asking prices in 

the current round. 

A bidder must submit a live bid in 

each round of the auction (or have an 

uncontested live bid automatically 

carried forward by BOEM) for it to 

remain active and continue bidding in 

future rounds. All of the live bids 

submitted in any round of the auction 

will be preserved and considered 

binding until determination of the 

winning bids is made. Therefore, the 

bidders are responsible for payment of 

the bids they submit and can be held 

accountable for up to the maximum 

amount of those bids determined to be 

winning bids during the final award 

procedures. 

Between rounds, BOEM will release 

the following information: 

• The level of demand for each LA in 

the previous round of the auction (i.e., 

the number of live bids that included 

the LA); and 

• The asking price for each LA in the 

upcoming round of the auction. 

In any subsequent round of the 

auction, if a bidder’s previous round bid 

was uncontested, and the auction 

continues for another round, then 

BOEM will automatically carry forward 

that bid as a live bid in the next round. 

A bidder whose bid is being carried 

forward will not have an opportunity to 

modify or drop its bid until some other 

bidder submits a live bid that overlaps 

with the LA in the carried forward bid. 

In particular, for rounds in which a 

bidder finds its uncontested bid is 

carried forward, the bidder will be 

unable to do the following: 

• Switch to the other LA; 

• Submit an Intra-Round Bid (see 

herein for discussion of Intra-Round 

Bids); or 

• Drop out of the auction. 

A bidder may be bound by that bid or, 

indeed, by any other bid which BOEM 

determines is a winning bid in the 

award stage. Hence, a bidder cannot 

drop an uncontested bid. In no scenario 

can a bidder be relieved of any of its 

bids from previous or future rounds 

until a determination is made in the 

award stage about the LAs won by the 

bidder. 

If a bidder’s bid is not being carried 

forward by BOEM (i.e. a contested bid), 

a bidder with an eligibility of one (that 

is, a bidder who submitted a live bid for 

either the North LA or the South LA in 

the previous round) may: 

• Submit a live bid for either the 

North LA or the South LA; 

• Submit an Intra-Round Bid for the 

same LA for which the bidder submitted 

a live bid in the previous round, and 

exit the auction; or 

• Submit nothing, and drop out of the 

auction. 

Additionally, if a bidder’s bid is not 

being carried forward by BOEM (i.e. a 


emcdonald on DSK67QTVN1PROD with NOTICES
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contested bid), a bidder with an 

eligibility of two (that is, a bidder who 

submitted a live bid for both North and 

South in the previous round) may: 

• Submit a live bid for both the North 

and South LAs; 

• Submit a live bid for either the 

North LA or the South LA; 

• Submit an Intra-Round Bid for both 

the North and South LAs, and a live bid 

for either the North LA or the South LA; 

• Submit an Intra-Round Bid for both 

the North and South LAs, no live bids, 

and exit the auction; or 

• Submit nothing, and drop out of the 

auction. 

Subsequent auction rounds occur in 

this sale as long as either the North LA 

or the South LA is contested. The 

auction concludes at the end of the 

round in which neither the North LA 

nor the South LA is included in the live 

bid of more than one bidder, i.e., all live 

bids are uncontested. 

Bidding—Intra-Round Bids 

All asking prices and asking price 

increments will be determined by the 

BOEM Auction Manager, in their sole 

discretion. Intra-round bidding allows 

bidders to more precisely express the 

maximum price they are willing to offer 

for the North, South, or both LAs while 

also minimizing the chance of ties. An 

intra-round bid must consist of a single 

offer price for exactly the same LA(s) 

included in the bidder’s live bid in the 

previous round. 

When submitting an intra-round bid, 

the bidder is indicating that it is not 

willing to meet the current round’s 

asking price, but it is willing to pay 

more than the previous round’s asking 

price. In particular, in an intra-round 

bid, the bidder specifies the maximum 

(higher than the previous round’s asking 

price and less than the current round’s 

asking price) that it is willing to offer for 

the specific LA(s) in its previous 

round’s live bid. 

Although an intra-round bid is not a 

live bid, in the round in which a valid 

intra-round bid is submitted for both 

LAs, the bidder’s eligibility for a live bid 

in that same round and future rounds is 

permanently reduced from including 

two LAs to one LA. In other words, once 

an intra-round bid is submitted, the 

bidder will never again have the 

opportunity to submit a live bid on as 

many LAs as it has bid in previous 

rounds. 

BOEM will not consider intra-round 

bids for the purpose of determining 

whether to increase the asking price for 

a particular LA or to end the auction. 

Also, BOEM will not count nor share 

with bidders between rounds the 

number of intra-round bids received for 

each LA. 

All of the intra-round bids submitted 

during the auction will be preserved, 

and may be determined to be winning 

bids. Therefore, bidders are responsible 

for payment of the bids they submit and 

may be held accountable for up to the 

maximum amount of any intra-round 

bids or live bids determined to be 

winning bids during the final award 

procedures. 

Determining Provisional Winners 

After the bidding ends, BOEM will 

determine the provisionally winning 

bids in accordance with the process 

described in this section. This process 

consists of two stages: Stage 1 and Stage 

2, which are described herein. Once the 

auction itself ends, nothing further is 

required of bidders within or between 

Stages 1 and 2. In practice, the stages of 

the process will take place as part of the 

solution algorithm for analyzing the 

monetary and credit portion of the bids, 

determining provisional winners, 

finding the LAs won by the provisional 

winners, and calculating the applicable 

bid prices to be paid by the winners for 

the LAs they won. This evaluation will 

be reviewed, checked, and validated by 

the panel. The determination of 

provisional winners, in both stages, will 

be based on the two auction variables, 

as well as on a bidder’s adherence to the 

rules of the auction, and the absence of 

conduct detrimental to the integrity of 

the competitive auction. 

• Stage 1 

Live bids submitted in the final round 

of the auction are Qualified Bids. In 

Stage 1, a bidder with a Qualified Bid 

is provisionally assured of winning the 

LA(s) included in its final round bid, 

regardless of any other prior-to-final 

round live bids or Intra-Round Bids in 

any round. If both LAs are awarded to 

bidders in Stage 1, the second award 

stage is not necessary. If the North LA 

or the South LA received a bid but was 

not awarded in Stage 1 because no live 

bids were received in the final round of 

the auction, BOEM will proceed to Stage 

2 to award the leases. 

Following the auction, all winning 

bidders must pay the price associated 

with their winning bids, which may 

consist of cash and non-monetary 

credits or just cash. 

• Stage 2 

All bids are either Qualified Bids or 

Contingent Bids. Contingent bids are all 

live bids received before the final round, 

and any Intra-Round Bids received 

during the auction. In Stage 2, BOEM 

will consider Contingent Bids to see if 

the unawarded LA(s) can be awarded 

without interfering with Stage 1 awards. 

BOEM will award leases in Stage 2 to 

the bid(s) that maximize(s) the total AsBid prices. 

Any Contingent Bids that conflict 

with Qualified Bids will not be 

considered. There is one notable 

exception to this rule. This exception 

allows BOEM to accept a Contingent Bid 

for both LAs notwithstanding the 

existence of a Qualified Bid for one LA 

by the same bidder, provided the 

acceptance of the Contingent Bid for 

both LAs results in higher overall AsBid prices than acceptance of only the 

Qualified Bid for a single LA. 

In this scenario, a bidder would be 

awarded both LAs and would be 

required to pay its Intra-Round Bid 

price associated with its Intra-Round 

Bid for both LAs, even though it 

submitted a Qualified Bid that assured 

it of winning only one of the LAs. 

This exception represents the only 

situation in which BOEM will consider 

for award a Contingent Bid which 

overlaps a Qualified Bid. In contrast, 

there is no situation in which one 

bidder’s Contingent Bid will be 

considered for award if it overlaps with 

any LA that is included in another 

bidder’s Qualified Bid. 

Under certain circumstances, different 

combinations of contingent bids may 

result in the same total As-Bid price. In 

such cases, BOEM will resolve the 

resulting tie with a random drawing. 

In the event a bidder submits a bid for 

a LA that the panel and BOEM 

determine to be a winning bid, the 

bidder will be expected to sign the 

applicable lease documents in a timely 

manner and submit the full cash 

payment due, pursuant to 30 CFR 

585.224. If a bidder fails to timely sign 

and pay for the lease, then BOEM will 

not issue the lease to that bidder, and 

the bidder will forfeit its bid deposit. 

BOEM may consider failure of a bidder 

to timely pay the full amount due an 

indication that the bidder is no longer 

financially qualified to participate in 

other lease sales under BOEM’s 

regulations at 30 CFR 585.106 and 

585.107. 

Credit Factors 

Prior to the auction, BOEM will 

convene a panel (pursuant to 30 CFR 

585.222(d)) to evaluate whether and to 

what extent each bidder is eligible for a 

credit applicable to the As-Bid auction 

price for one of the LAs in each round 

of the auction, as described below. In 

order to receive the PPA or New Jersey 

OREC credit a bidder must be legally, 

technically, and financially qualified to 

acquire a commercial OCS wind lease, 

and must not be affiliated with any 


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other bidding entity also seeking credit 

for the same PPA or qualified 

application for a New Jersey OREC that 

has been approved or conditionally 

approved by the New Jersey Board of 

Public Utilities. Any single PPA or 

OREC cannot be used by more than one 

bidder in the auction. 

The percentage credit that will be 

applicable to each bidder throughout 

the auction and award process is 

determined based on the panel’s 

evaluation of required documentation 

submitted by the bidders as of the 

deadline specified in the FSN. Bidders 

will be informed by email before the 

monetary auction about the percentage 

credit applicable to their bids. A bidder 

may not receive more than one bid 

credit, and the bid credit will be 

applicable to only one LA. Any nonmonetary credit would only be 

applicable to the higher priced LA in a 

bid for both LAs. For an Intra-Round 

Bid containing both LAs, the higher 

priced LA will be determined using the 

previous round’s asking prices. In each 

round, the auction system will display 

to each bidder, information showing 

how their As-Bid auction prices are 

affected by the credit imputed to their 

bid to determine their net monetary 

payment due to BOEM, should their 

bids prevail as winning bids in the 

award stages. Application of the credit 

percentage to the appropriate As-Bid 

auction price will be rounded to the 

nearest whole dollar amount. 

The bidder’s credit percentage is 

limited to 25% for a New Jersey OREC 

Order, or 25% for a PPA (for at least 250 

MW). If a bidder is eligible for two 

credits, BOEM will only apply one 

credit in the auction. This credit 

percentage will be applied to the highest 

priced LA related to the bidder’s latest 

live bid or Intra-Round Bid. In the case 

of an Intra-Round Bid for both LAs, the 

credit will apply only to the higher 

priced LA, but the applicable price for 

calculating the credit will be based on 

the previous round’s asking prices, not 

on any additional amount above the 

previous round’s asking prices as 

reflected in the incremental amount 

associated with its Intra-Round Bid. 

The panel will review the nonmonetary package submitted by each 

bidder, and based on the criteria of a 

PPA, or New Jersey OREC Order, as 

provided in the FSN, determine whether 

bidders have established that they are 

qualified to receive a credit, and the 

percentage at which that credit will 

apply. If the panel determines that no 

bidder has qualified for a non-monetary 

factor, the auction will proceed with 

each bidder registered with no imputed 

credit. 

Credit Factor Definitions 

The definitions below will apply to 

the factors for which bidders may earn 

a credit. 

Power purchase agreement (PPA) is 

any legally enforceable contract 

negotiated between an electricity 

generator (Generator) and a power 

purchaser (Buyer) that identifies, 

defines, and stipulates the rights and 

obligations of one party to produce, and 

the other party to purchase, energy from 

an offshore wind project to be located in 

the lease sale area. The PPA must have 

been approved by a public utility 

commission or the equivalent. The PPA 

must state that the Generator will sell to 

the Buyer and the Buyer will buy from 

the Generator capacity, energy, and/or 

environmental attribute products from 

the project, as defined in the terms and 

conditions set forth in the PPA. Energy 

products to be supplied by the 

Generator and the details of the firm 

cost recovery mechanism approved by 

the State’s public utility commission or 

other applicable authority used to 

recover expenditures incurred as a 

result of the PPA must be specified in 

the PPA. To qualify, a PPA must contain 

the following terms or supporting 

documentation: 

(i) A complete description of the 

proposed project; 

(ii) Identification of both the 

electricity Generator and Buyer that will 

enter into a long term contract; 

(iii) A timeline for permitting, 

licensing, and construction; 

(iv) Pricing projected under the long 

term contract being sought, including 

prices for all market products that 

would be sold under the proposed long 

term contract; 

(v) A schedule of quantities of each 

product to be delivered and projected 

electrical energy production profiles; 

(vi) The term for the long term 

contract; 

(vii) Citations to all filings related to 

the PPA that have been made with state 

and Federal agencies, and identification 

of all such filings that are necessary to 

be made; and 

(viii) Copies of or citations to 

interconnection filings related to the 

PPA. 

If the panel determines a bidder has 

executed a PPA for at least 250MW, it 

will be eligible for the entire 25% credit. 

If the panel determines a bidder has 

executed a PPA for an amount less than 

250MW, the bidder may still be eligible 

for a non-monetary credit proportional 

to the PPA’s fraction of 250MW. The 

smaller percentage for a partial credit 

will be calculated according to the 

following formula: 

Where: 

• Partial Credit = Percent credit for which a 

smaller PPA is eligible. 

• Full PPA = 250 MW 

• Full Credit = 25% 

• Partial PPA = amount (less than 250 MW) 

of power under contract 

New Jersey OREC Order is a qualified 

application for an OREC that has been 

approved or conditionally approved by 

the NJ BPU. 

Where: 

• An Offshore Renewable Energy Certificate 

(OREC) is a certificate issued by the NJ 

BPU or its designee, representing the 

environmental attributes of one 

megawatt hour of electric generation 

from a qualified offshore wind project. 

• A qualified offshore wind project is a wind 

turbine electric generation facility in the 

Atlantic Ocean and connected to the 

electrical transmission systems in New 

Jersey, and includes the associated 

transmission-related interconnection 

facilities and equipment. 

Additional Information Regarding the 

Auction Format 

Non-Monetary Auction Procedures 

All bidders seeking a non-monetary 

auction credit will be required to submit 

a non-monetary auction package prior to 

the auction. Instructions and deadlines 

for submittal will be provided in the 

FSN. If a bidder does not submit a nonmonetary package by the date specified 

in the FSN, then BOEM will assume that 

bidder is not seeking a non-monetary 

auction credit and the panel will not 

consider that bidder for a non-monetary 

auction credit. 

Bidder Authentication 

Prior to the auction, the Auction 

Manager will send several bidder 

authentication packages to each bidder 


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shortly after BOEM has processed the 

BFFs. One package will contain tokens 

for each authorized individual. Tokens 

are digital authentication devices. The 

tokens will be mailed to the Primary 

Point of Contact indicated on the BFF. 

This individual is responsible for 

distributing the tokens to the 

individuals authorized to bid for that 

company. Bidders are to ensure that 

each token is returned within three 

business days following the auction. An 

addressed, stamped envelope will be 

provided to facilitate this process. In the 

event that a bidder fails to submit a BFF 

or a bid deposit, or does not participate 

in the auction, BOEM will de-activate 

that bidder’s token and login 

information, and the bidder will be 

asked to return its tokens. 

The second package contains login 

credentials for authorized bidders. The 

login credentials will be mailed to the 

address provided in the BFF for each 

authorized individual. Bidders can 

confirm these addresses by calling 703– 

787–1320. This package will contain 

user login information and instructions 

for accessing the Auction System 

Technical Supplement and Alternative 

Bidding Form. The login information, 

along with the tokens, will be tested 

during the Mock Auction. 

Monetary Auction Times 

Specific information regarding when 

bidder can enter the auction system and 

the auction start time will be provided 

in the FSN. Additional information will 

be made available in an Auction System 

Technical Supplement which will be 

posted on BOEM’s Web site prior to the 

auction. 

BOEM and the auction contractors 

will use the auction platform messaging 

service to keep bidders informed on 

issues of interest during the auction. For 

example, BOEM may change the 

schedule at any time, including during 

the auction. If BOEM changes the 

schedule during the auction, it will use 

the messaging feature to notify bidders 

that a revision has been made, and 

direct bidders to the relevant page. 

BOEM will also use the messaging 

system for other changes and items of 

particular note during the auction. The 

auction schedule and asking price 

increments are in BOEM’s discretion, 

and are subject to change at any time 

before or during the auction. 

During the auction, bidders may place 

bids at any time during the round. At 

the top of the bidding page, a 

countdown clock will show how much 

time remains in the round. Bidders have 

until the scheduled time to place bids. 

Bidders should do so according to the 

procedures described in the Auction 

System Technical Supplement, and as 

practiced at the Mock Auction. No 

information about the round is available 

until the round has closed and results 

have been posted, so there should be no 

strategic advantage to placing bids early 

or late in the round. 

Alternate Bidding Procedures 

Any bidder who is unable to place a 

bid using the online auction and would 

be interested in placing a bid using the 

alternative bidding procedures must call 

the BOEM Auction Manager at the help 

desk number that is listed in the 

Auction System Technical Supplement 

before the end of the round. BOEM will 

authenticate the caller to ensure he/she 

is authorized to bid on behalf of the 

company. The bidder must explain to 

the BOEM Auction Manager the reasons 

for which he/she is forced to place a bid 

using the Alternative Bidding 

Procedure. BOEM may, in its sole 

discretion, permit or refuse to accept a 

request for the placement of a bid using 

the Alternative Bidding Procedure. The 

Alternative Bidding Procedure enables a 

bidder who is having difficulties 

accessing the Internet to submit its bid 

via an Alternative Bidding Form that 

must be faxed to the auction manager. 

If the bidder has not placed a bid, but 

calls BOEM before the end of the round 

and notifies BOEM that it is preparing 

a bid using the Alternate Bidding 

Procedure, and submits the Alternate 

Bidding Form by fax before the round 

ends, BOEM will likely accept the bid, 

though acceptance or rejection of the 

bid is within BOEM’s sole discretion. If 

the bidder calls during the round, but 

does not submit the bid until after the 

round ends (but before the round is 

posted), BOEM may or may not accept 

the bid, in part based on how much time 

remains in the recess. Bidders are 

strongly encouraged to submit the 

Alternative Bidding Form before the 

round ends. If the bidder calls during 

the recess following the round, but 

before the previous round’s results have 

been posted, BOEM will likely reject 

that bid, even if the bidder has 

otherwise complied with all of BOEM’s 

Alternate Bidding Procedures. If the 

bidder calls to enter a bid after results 

have been posted, BOEM will reject the 

bid. 

Except for bidders who have 

uncontested bids in the current round, 

failure to place a bid during a round 

will be interpreted as dropping out of 

the auction. Bids in all rounds are 

preserved for consideration in Stage 2 of 

the award process. Bidders are held 

accountable for all bids placed during 

the auction. This is true if they 

continued bidding in the last round, if 

they placed an Intra-Round Bid for a 

single LA in an earlier round, or if they 

stopped bidding during the auction. 

Acceptance, Rejection or Return of 

Bids: BOEM reserves the right and 

authority to reject any and all bids. In 

any case, no leases will be awarded to 

any bidders and no bids will be 

accepted, unless (1) the bidder has 

complied with all requirements of the 

FSN, applicable regulations and 

statutes, including, among others, those 

related to, bidder qualifications, bid 

deposits, and adherence to the integrity 

of the competitive bidding process, (2) 

the bid conforms with the requirements 

and rules of the auction, and (3) the 

amount of the bid has been determined 

to be adequate by the authorized officer. 

Any bid submitted that does not satisfy 

these requirements may be returned to 

the bidder by the Program Manager of 

BOEM’s Office of Renewable Energy 

Programs and not considered for 

acceptance. 

Process for Issuing the Leases: If 

BOEM proceeds with issuing the leases, 

it will issue three unsigned copies of the 

lease form to the winning bidders. 

Within 10 business days after receiving 

the lease copies, a winning bidder must: 

1. Execute the lease on the bidder’s 

behalf; 

2. File financial assurance as required 

under 30 CFR 585.515–537; and 

3. Pay by electronic funds transfer 

(EFT) the balance of the bonus bid (bid 

amount less the bid deposit). BOEM 

requires bidders to use EFT procedures 

(not to include pay.gov) for payment of 

the balance of the bonus bid, following 

the detailed instructions contained in 

the ‘‘Instructions for Making Electronic 

Payments’’ available on BOEM’s Web 

site at: http://www.boem.gov/StateActivities-New-Jersey/. 

If a winning bidder does not meet 

these three requirements within 10 

business days of receiving the lease 

copies as described above, or if a 

winning bidder otherwise fails to 

comply with applicable regulations or 

the terms of the FSN, the winning 

bidder will forfeit its bid deposit. BOEM 

may extend this 10 business-day time 

period if it determines the delay was 

caused by events beyond the winning 

bidder’s control. 

In the event that the winner does not 

execute and return the leases according 

to the instructions in the FSN, BOEM 

reserves the right to reconvene the panel 

to determine whether it is possible to 

identify a bid that would have won in 

the absence of the bid previously 

determined to be the winning bid. In the 

event that a new winning bid is selected 

by the panel, BOEM will follow the 


emcdonald on DSK67QTVN1PROD with NOTICES
42372 Federal Register / Vol. 79, No. 139 / Monday, July 21, 2014 / Notices 

procedures in this section for the new 

winner(s). 

BOEM will not execute a lease until 

(1) the three requirements above have 

been satisfied, (2) BOEM has accepted 

the winning bidder’s financial 

assurance, and (3) BOEM has processed 

the winning bidder’s payment. The 

winning bidder may meet financial 

assurance requirements by posting a 

surety bond or by setting up an escrow 

account with a trust agreement giving 

BOEM the right to withdraw the money 

held in the account on demand by 

BOEM. BOEM may accept other forms 

of financial assurance on a case-by-case 

basis in accordance with its regulations. 

BOEM encourages provisionally 

winning bidders to discuss the financial 

assurance requirement with BOEM as 

soon as possible after the auction has 

concluded. 

Within 45 days of the date that the 

Lessee receives the lease copies, the 

Lessee must pay the first year’s rent 

using the pay.gov Renewable Energy 

Initial Rental Payment form available at: 

https://www.pay.gov/paygov/forms/

formInstance.html?agencyFormId=2779

7604. 

Anti-Competitive Behavior: In 

addition to the auction rules described 

in this notice, bidding behavior is 

governed by Federal antitrust laws 

designed to prevent anticompetitive 

behavior in the marketplace. 

Compliance with BOEM’s auction 

procedures will not insulate a party 

from enforcement of antitrust laws. 

In accordance with the Act at 43 

U.S.C. 1337(c), following the auction, 

and before the acceptance of bids and 

the issuance of leases, BOEM will 

‘‘allow the Attorney General, in 

consultation with the Federal Trade 

Commission, thirty days to review the 

results of the lease sale.’’ If a bidder is 

found to have engaged in anticompetitive behavior or otherwise 

violated BOEM’s rules in connection 

with its participation in the competitive 

bidding process, BOEM may reject the 

high bid. 

Anti-competitive behavior 

determinations are fact specific. 

However, such behavior may manifest 

itself in several different ways, 

including, but not limited to: 

• An agreement, either express or 

tacit, among bidders to not bid in an 

auction, or to bid a particular price; 

• An agreement among bidders not to 

bid for a particular Lease Area; 

• An agreement among bidders not to 

bid against each other; and 

• Other agreements among bidders 

that have the effect of limiting the final 

auction price. 

BOEM may decline to award a lease 

if, pursuant to the Act (43 U.S.C. 

1337(c)), it is determined by the 

Attorney General in consultation with 

the Federal Trade Commission doing so 

would be inconsistent with the antitrust 

laws (e.g., heavily concentrated market, 

etc.). 

For more information on whether 

specific communications or agreements 

could constitute a violation of Federal 

antitrust law, please see: http://

www.justice.gov/atr/public/businessresources.html, or consult counsel. 

Bidder’s Financial Form Certification: 

Each bidder is required to sign the selfcertification, in accordance with 18 

U.S.C. 1001 (Fraud and False 

Statements) in the Bidder’s Financial 

Form, which can be found on BOEM’s 

Web site at: http://www.boem.gov/StateActivities-New-Jersey/. The form must 

be filled out and returned to BOEM in 

accordance with the ‘‘Deadlines and 

Milestones for Bidders’’ section of this 

notice. 

Non-Procurement Debarment and 

Suspension Regulations: Pursuant to 

regulations at 43 CFR part 42, Subpart 

C, an OCS renewable energy Lessee 

must comply with the U.S. Department 

of the Interior’s non-procurement 

debarment and suspension regulations 

at 2 CFR 180 and 1400 and agree to 

communicate the requirement to 

comply with these regulations to 

persons with whom the Lessee does 

business as it relates to this lease by 

including this term as a condition in 

their contracts and other transactions. 

Final Sale Notice: BOEM will 

consider comments received or 

postmarked during the PSN comment 

period in preparing a FSN that will 

provide the final details concerning the 

offering and issuance of OCS 

commercial wind energy leases in the 

New Jersey sale areas. The FSN will be 

published in the Federal Register at 

least 30 days before the lease sale is 

conducted and will provide the date 

and time of the auction. 

Force Majeure: The Program Manager 

of BOEM’s Office of Renewable Energy 

Programs has the discretion to change 

any date, time, and/or location specified 

in the FSN in case of a force majeure 

event that the Program Manager deems 

may interfere with a fair and proper 

lease sale process. Such events may 

include, but are not limited to, natural 

disasters (e.g., earthquakes, hurricanes, 

and floods), wars, riots, acts of 

terrorism, fire, strikes, civil disorder or 

other events of a similar nature. In case 

of such events, bidders should call 703– 

787–1300 or access the BOEM Web site 

at: http://www.boem.gov/RenewableEnergy-Program/index.aspx. 

Appeals: The appeals procedures are 

provided in BOEM’s regulations at 30 

CFR 585.225 and 585.118(c). Pursuant 

to 30 CFR 585.225: 

(a) If BOEM rejects your bid, BOEM 

will provide a written statement of the 

reasons and refund any money 

deposited with your bid, without 

interest. 

(b) You will then be able to ask the 

BOEM Director for reconsideration, in 

writing, within 15 business days of bid 

rejection, under 30 CFR 585.118(c)(1). 

We will send you a written response 

either affirming or reversing the 

rejection. 

The procedures for appealing final 

decisions with respect to lease sales are 

described in 30 CFR 585.118(c). 

Protection of Privileged or Confidential 

Information 

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, except as 

required by 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 may not treat as 

confidential the legal title of the 

commenting entity (e.g., the name of 

your company). 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 of the Interior, 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 and provide the reasons 

why BOEM should do so. 


emcdonald on DSK67QTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 139 / Monday, July 21, 2014 / Notices 42373 

1Electronic Document Information System 

(EDIS): http://edis.usitc.gov. 2United States International Trade Commission 

(USITC): http://edis.usitc.gov. 3Electronic Document Information System 

(EDIS): http://edis.usitc.gov. 

4Handbook for Electronic Filing Procedures: 

http://www.usitc.gov/secretary/fed_reg_notices/

rules/handbook_on_electronic_filing.pdf. 

5Electronic Document Information System 

(EDIS): http://edis.usitc.gov. 

Dated: June 9, 2014. 

Walter D. Cruickshank, 

Acting Director, Bureau of Ocean Energy 

Management. 

[FR Doc. 2014–16864 Filed 7–18–14; 8:45 am] 

BILLING CODE 4310–MR–P 

INTERNATIONAL TRADE 

COMMISSION 

Notice of Receipt of Amended 

Complaint; Solicitation of Comments 

Relating to the Public Interest 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has received an amended 

complaint entitled Certain Light 

Reflectors and Components, Packaging, 

and Related Advertising Thereof, DN 

3019; the Commission is soliciting 

comments on any public interest issues 

raised by the amended complaint or 

complainants’ filing under section 

210.8(b) of the Commission’s Rules of 

Practice and Procedure (19 CFR 

210.8(b)). 

FOR FURTHER INFORMATION CONTACT: Lisa 

R. Barton, Secretary to the Commission, 

U.S. International Trade Commission, 

500 E Street SW., Washington, DC 

20436, telephone (202) 205–2000. The 

public version of the amended 

complaint can be accessed on the 

Commission’s Electronic Document 

Information System (EDIS) at EDIS 1, 

and will be available for inspection 

during official business hours (8:45 a.m. 

to 5:15 p.m.) in the Office of the 

Secretary, U.S. International Trade 

Commission, 500 E Street SW., 

Washington, DC 20436, telephone (202) 

205–2000. 

General information concerning the 

Commission may also be obtained by 

accessing its Internet server at United 

States International Trade Commission 

(USITC) at USITC.2 The public record 

for this investigation may be viewed on 

the Commission’s Electronic Document 

Information System (EDIS) at EDIS 3. 

Hearing-impaired persons are advised 

that information on this matter can be 

obtained by contacting the 

Commission’s TDD terminal on (202) 

205–1810. 

SUPPLEMENTARY INFORMATION: The 

Commission has received an amended 

complaint and a submission pursuant to 

section 210.8(b) of the Commission’s 

Rules of Practice and Procedure filed on 

behalf of Sunlight Supply, Inc., and IP 

Holdings, LLC on June 20, 2014. The 

amended complaint alleges violations of 

section 337 of the Tariff Act of 1930 (19 

U.S.C. 1337) in the importation into the 

United States, the sale for importation, 

and the sale within the United States 

after importation of certain light 

reflectors and components, packaging, 

and related advertising thereof. The 

amended complaint names as 

respondents Sinowell (Shanghai) Co., 

Ltd. of China; Sinohydro Ltd. of China; 

Groco Enterprises, LLC of Bellevue, WA; 

Good Nature Garden Supply of 

Sacramento, CA; Aqua Serene, Inc. of 

Eugene, OR; Aurora Innovations, Inc. of 

Eugene, OR; Big Daddy Garden Supply, 

Inc. of Ukiah, CA; Bizright, LLC of City 

of Industry, CA; Coinstar Procurement, 

LLC of Bellevue, WA; The Hydro Source 

II, Inc. of Santa Fe Springs, CA; Insun, 

LLC of Bellevue, WA; Lumz’ N. Blooms, 

Ltd. Corp. of Apopka, FL; Parlux LP of 

Snohomish, WA; Silversun, Inc. of Gig 

Harbor, WA; and Zimbali Group, Inc. of 

Bellevue, WA. The complainants 

request that the Commission issue a 

general exclusion order, or in the 

alternative, a limited exclusion order 

and cease and desist orders. 

Proposed respondents, other 

interested parties, and members of the 

public are invited to file comments, not 

to exceed five (5) pages in length, 

inclusive of attachments, on any public 

interest issues raised by the amended 

complaint or section 210.8(b) filing. 

Comments should address whether 

issuance of the relief specifically 

requested by the complainants in this 

investigation would affect the public 

health and welfare in the United States, 

competitive conditions in the United 

States economy, the production of like 

or directly competitive articles in the 

United States, or United States 

consumers. 

In particular, the Commission is 

interested in comments that: 

(i) explain how the articles potentially 

subject to the requested remedial orders 

are used in the United States; 

(ii) identify any public health, safety, 

or welfare concerns in the United States 

relating to the requested remedial 

orders; 

(iii) identify like or directly 

competitive articles that complainants, 

their licensees, or third parties make in 

the United States which could replace 

the subject articles if they were to be 

excluded; 

(iv) indicate whether complainants, 

complainants’ licensees, and/or third 

party suppliers have the capacity to 

replace the volume of articles 

potentially subject to the requested 

exclusion order and/or a cease and 

desist order within a commercially 

reasonable time; and 

(v) explain how the requested 

remedial orders would impact United 

States consumers. 

Written submissions must be filed no 

later than by close of business, eight 

calendar days after the date of 

publication of this notice in the Federal 

Register. There will be further 

opportunities for comment on the 

public interest after the issuance of any 

final initial determination in this 

investigation. 

Persons filing written submissions 

must file the original document 

electronically on or before the deadlines 

stated above and submit 8 true paper 

copies to the Office of the Secretary by 

noon the next day pursuant to section 

210.4(f) of the Commission’s Rules of 

Practice and Procedure (19 CFR 

210.4(f)). Submissions should refer to 

the docket number (‘‘Docket No. 3019’’) 

in a prominent place on the cover page 

and/or the first page. (See Handbook for 

Electronic Filing Procedures, Electronic 

Filing Procedures 4). Persons with 

questions regarding filing should 

contact the Secretary (202–205–2000). 

Any person desiring to submit a 

document to the Commission in 

confidence must request confidential 

treatment. All such requests should be 

directed to the Secretary to the 

Commission and must include a full 

statement of the reasons why the 

Commission should grant such 

treatment. See 19 CFR 201.6. Documents 

for which confidential treatment by the 

Commission is properly sought will be 

treated accordingly. All nonconfidential 

written submissions will be available for 

public inspection at the Office of the 

Secretary and on EDIS 5. 

This action is taken under the 

authority of section 337 of the Tariff Act 

of 1930, as amended (19 U.S.C. 1337), 

and of sections 201.10 and 210.8(c) of 

the Commission’s Rules of Practice and 

Procedure (19 CFR 201.10, 210.8(c)). 

By order of the Commission. 

Issued: July 15, 2014. 

Lisa R. Barton, 

Secretary to the Commission. 

[FR Doc. 2014–16980 Filed 7–18–14; 8:45 am] 

BILLING CODE 7020–02–P 


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