Federal Register / Vol. 77, No. 100 / Wednesday, May 23, 2012 / Notices 30551 

(TDD) may call the Federal Information 

Relay Service (FIRS) at 1–800–877–8339 

to contact the above individual during 

normal business hours. The FIRS is 

available 24 hours a day, 7 days a week, 

to leave a message or question with the 

above individual. You will receive a 

reply during normal business hours. 

Scott Haight, 

District Manager, Western Montana District. 

[FR Doc. 2012–12461 Filed 5–22–12; 8:45 am] 

BILLING CODE 4310–DN–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Ocean Energy Management 

[Docket No. BOEM–2012–0009] 

Commercial Renewable Energy 

Transmission on the Outer Continental 

Shelf (OCS) Offshore Rhode Island, 

Notice of Proposed Grant Area and 

Request for Competitive Interest 

(RFCI) in the Area of the Deepwater 

Wind Block Island Transmission 

System Proposal 

AGENCY: Bureau of Ocean Energy 

Management, Department of the 

Interior. 

ACTION: Public Notice of an Unsolicited 

Request for a Transmission Cable Rightof-Way Grant Supporting Renewable 

Energy, Request for Submission of 

Indications of Competitive Interest, and 

Request for Public Comment. 

SUMMARY: The purpose of this public 

notice is to: (1) Describe the Deepwater 

Wind Block Island LLC (Deepwater 

Wind) Transmission System (BITS) 

proposal submitted to the Bureau of 

Ocean Energy Management (BOEM); (2) 

solicit submissions of indications of 

competitive interest for a right-of-way 

(ROW) grant for renewable energy 

purposes for the area identified in this 

notice; and (3) solicit public input 

regarding the proposal, its potential 

environmental consequences, and other 

uses of the area in which the proposal 

would be located. 

On November 30, 2011, BOEM 

received an application from Deepwater 

Wind for a ROW grant on the OCS 

offshore Rhode Island. Deepwater 

Wind’s proposed project, the BITS, 

would entail the construction and 

installation of a bi-directional 

submerged transmission cable between 

Block Island and the Rhode Island 

mainland. Deepwater Wind has 

requested a ROW grant for the portion 

of the BITS cable that is proposed on the 

OCS. Deepwater Wind proposes that the 

BITS would serve two purposes: (1) 

Transmit electrical power from 

Deepwater Wind’s proposed 30 

megawatt (MW) offshore wind energy 

project located in Rhode Island State 

waters off Block Island to the Rhode 

Island mainland; and (2) transmit 

electrical power from the existing 

transmission grid on the Rhode Island 

mainland to Block Island. 

This RFCI is published pursuant to 

subsection 8(p)(3) of the OCS Lands Act, 

as amended by section 388 of the Energy 

Policy Act of 2005 (EPAct) (43 U.S.C. 

1337(p)(3)), and the implementing 

regulations at 30 CFR part 585. 

Subsection 8(p)(3) of the OCS Lands Act 

requires that OCS renewable energy 

leases, easements, and rights-of-way be 

issued ‘‘on a competitive basis unless 

the Secretary determines after public 

notice of a lease, easement, or right-ofway that there is no competitive 

interest.’’ This RFCI provides such 

public notice for the proposed ROW 

grant area requested by Deepwater Wind 

and invites the submission of 

indications of competitive interest. 

BOEM will consider the responses to 

this public notice to determine whether 

competitive interest exists for the area 

requested by Deepwater Wind, as 

required by 43 U.S.C. 1337(p)(3). Parties 

wishing to obtain a grant for the area 

requested by Deepwater Wind should 

submit detailed and specific 

information as described in the section 

entitled, ‘‘Required Indication of 

Interest Information.’’ This 

announcement also requests that 

interested and affected parties comment 

and provide information about site 

conditions and existing and future uses 

of the area identified in this notice that 

would be relevant to the proposed 

project or its impacts. The information 

that BOEM is requesting is described in 

the section entitled, ‘‘Requested 

Information from Interested or Affected 

Parties.’’ 

DATES: If you are submitting an 

indication of interest in acquiring a 

ROW grant for the area requested by 

Deepwater Wind, your submission must 

be sent by mail, postmarked no later 

than June 22, 2012 for your submission 

to be considered. If you are providing 

comments or other submissions of 

information, you may send them by 

mail, postmarked by this same date, or 

you may submit them through the 

Federal Rulemaking Portal at http:// 

www.regulations.gov, also by this same 

date. 

Submission Procedures: If you are 

submitting an indication of competitive 

interest for a ROW grant, please submit 

it by mail to the following address: 

Bureau of Ocean Energy Management, 

Office of Renewable Energy Programs, 

381 Elden Street, HM 1328, Herndon, 

Virginia 20170. Submissions must be 

postmarked by June 22, 2012 to be 

considered by BOEM for the purposes of 

determining competitive interest. In 

addition to a paper copy of your 

submission, include an electronic copy 

on a compact disc. BOEM will list the 

parties that submit indications of 

competitive interest in the area 

requested by Deepwater Wind on the 

BOEM Web site after the 30-day 

comment period has closed. 

If you are submitting comments and 

other information concerning the 

proposed grant area, you may use either 

of the following two methods: 

1. Federal eRulemaking Portal: http:// 

www.regulations.gov. In the entry titled 

‘‘Enter Keyword or ID,’’ enter BOEM– 

2012–0009, and then click ‘‘search.’’ 

Follow the instructions to submit public 

comments and view supporting and 

related materials available for this 

notice. 

2. Alternatively, comments may be 

submitted by mail to the following 

address: Bureau of Ocean Energy 

Management, Office of Renewable 

Energy Programs, 381 Elden Street, HM 

1328, Herndon, Virginia 20170. 

If you wish to protect the 

confidentiality of your submissions or 

comments, clearly mark the relevant 

sections and request that BOEM treat 

them as confidential. Please label 

privileged or confidential information 

‘‘Contains Confidential Information’’ 

and consider submitting such 

information as a separate attachment. 

Treatment of confidential information is 

addressed in the section of this notice 

entitled, ‘‘Privileged or Confidential 

Information.’’ BOEM will post all 

comments on regulations.gov unless 

labeled as confidential. Information that 

is not labeled as privileged or 

confidential will be regarded by BOEM 

as suitable for public release. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Jessica Bradley, Project Coordinator, 

BOEM, Office of Renewable Energy 

Programs, 381 Elden Street, HM 1328, 

Herndon, Virginia 20170, (703) 787– 

1300. 

SUPPLEMENTARY INFORMATION: 

Purpose of the RFCI 

Responses to this public notice will 

allow BOEM to determine, pursuant to 

30 CFR 585.306, whether or not there is 

competitive interest in acquiring the 

ROW area requested by Deepwater 

Wind as described in this notice. In 

addition, this notice provides an 

opportunity for interested stakeholders 

to provide comments on the Deepwater 

mstockstill on DSK4VPTVN1PROD with NOTICES

30552 Federal Register / Vol. 77, No. 100 / Wednesday, May 23, 2012 / Notices 

Wind ROW request, including 

information relating to potential 

environmental consequences. 

If, in response to this notice, BOEM 

receives one or more indications of 

competitive interest for offshore 

transmission development from 

qualified entities that wish to compete 

for the proposed BITS ROW grant area, 

it may decide to move forward with the 

ROW grant issuance process using 

competitive procedures pursuant to 30 

CFR Part 585. However, if BOEM 

receives no qualified competing 

indications of interest, BOEM may 

decide to move forward with the ROW 

grant issuance process using the 

noncompetitive procedures contained in 

30 CFR Part 585. Should BOEM decide 

to issue a ROW grant in the area, 

whether competitively or noncompetitively, it may provide the public 

with additional opportunities to 

comment. 

Background 

Energy Policy Act of 2005 (EPAct) 

The EPAct amended the OCS Lands 

Act by adding subsection 8(p), which 

authorizes the Secretary of the Interior 

to grant leases, easements, and ROWs on 

the OCS for activities that are not 

otherwise authorized by law and that 

produce or support production, 

transportation, or transmission of energy 

from sources other than oil or gas. The 

EPAct also required the issuance of 

regulations to carry out the new 

authority pertaining to renewable 

energy on the OCS. The Secretary 

delegated this authority to issue leases, 

easements, and ROWs, and to 

promulgate regulations, to the Director 

of BOEM. On April 29, 2009, BOEM 

promulgated renewable energy 

regulations, at 30 CFR Part 585, which 

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

uploadedFiles/ 

FinalRenewableEnergyRule.pdf. 

Executive Order 13547: Stewardship of 

the Ocean, Our Coasts, and the Great 

Lakes 

In July 2010, the President signed an 

Executive Order (EO) establishing the 

National Ocean Council. The EO 

establishes a comprehensive, integrated 

national policy for the stewardship of 

the oceans, our coasts and the Great 

Lakes. Where BOEM actions affect the 

ocean, the EO requires BOEM to take 

such action as necessary to implement 

this policy, the stewardship principles 

and national priority objectives adopted 

by the EO, and guidance from the 

National Ocean Council. 

BOEM appreciates the importance of 

coordinating its planning endeavors 

with other OCS users and regulators and 

intends to follow the ecosystem-based 

management principles of coastal and 

marine spatial planning, and coordinate 

with the regional planning bodies as 

established by the National Ocean 

Council to inform its leasing processes. 

BOEM anticipates that continued 

coordination with the BOEM State 

Renewable Energy Intergovernmental 

Task Forces will help inform 

comprehensive coastal and marine 

spatial planning efforts. 

BOEM Rhode Island Renewable Energy 

Intergovernmental Task Force 

BOEM established the BOEM Rhode 

Island Renewable Energy 

Intergovernmental Task Force (Task 

Force) in November 2009, at the request 

of the Governor, to facilitate 

coordination among affected Federal 

agencies and state, local, and tribal 

governments relating to renewable 

energy development on the OCS 

offshore Rhode Island. BOEM has 

coordinated with the Task Force on 

potential commercial wind energy 

development within an Area of Mutual 

Interest established through a July 2010 

Memorandum of Understanding 

between the Governors of Rhode Island 

and Massachusetts. BOEM coordination 

efforts to date with the Task Force and 

meeting materials are available on the 

BOEM Web site at: http:// 

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

Determination of Competitive Interest 

and Granting Process 

BOEM will evaluate indications of 

competitive interest for the ROW grant 

area requested by Deepwater Wind to 

install cables for the transmission of 

electricity and will determine whether 

there is competitive interest in 

accordance with 30 CFR 585.307. At the 

conclusion of the comment period for 

this public notice, BOEM will review 

the submissions received and undertake 

a completeness review and a 

qualification review to make this 

required determination. 

Under BOEM’s regulations at 30 CFR 

585.302(b)(1), the rights accorded in a 

ROW grant do not prevent the issuance 

of other rights in the same area, 

provided that any subsequent ROW 

grant issued by BOEM in the area of a 

previously-issued ROW grant does not 

unreasonably interfere with activities 

approved under the previously-issued 

ROW grant. BOEM may find that 

competitive interest exists if it receives 

a proposal to acquire an OCS ROW grant 

that matches the proposed grant area. 

If BOEM determines that competitive 

interest exists, it may decide to proceed 

with the competitive granting process 

outlined in 30 CFR 585.308. If BOEM 

determines that there is no competitive 

interest in the proposed grant area, it 

will publish in the Federal Register a 

notice that there is no competitive 

interest. At that point BOEM may 

decide to proceed with the 

noncompetitive grant issuance process 

pursuant to 30 CFR 585.306(b), and 

Deepwater Wind would be required to 

submit a General Activities Plan (GAP). 

Whether following competitive or 

noncompetitive procedures, BOEM will 

consult with the Task Force and will 

comply with all applicable requirements 

prior to making a decision on whether 

or not to issue a grant and/or GAP 

approval, disapproval, or approval with 

modifications. BOEM would coordinate 

and consult, as appropriate, with 

relevant Federal agencies, affected 

tribes, and affected state and local 

governments, in issuing a grant and 

developing grant terms and conditions. 

Environmental Review Process 

The U.S. Army Corps of Engineers 

(USACE) New England District and 

BOEM both have jurisdiction by law for 

portions of the BITS. The BITS would 

support Deepwater Wind’s proposed 

Block Island Wind Farm (BIWF), a 

proposed 30 MW offshore wind energy 

project located in Rhode Island State 

waters approximately 2.5 nautical miles 

(nmi) southeast of Block Island. Since 

the majority of the activities and 

permanent structures related to the 

BIWF and the BITS will be sited in state 

waters and on state lands, the USACE 

will be the lead agency for the NEPA 

environmental analysis of both projects. 

BOEM has jurisdiction for the portion of 

the BITS that will be located on the 

OCS, for which it requires issuance of 

a ROW grant, and will be a cooperating 

agency in the NEPA process led by the 

USACE. BOEM will consider all 

relevant information produced from the 

NEPA process and, if appropriate, adopt 

the USACE’s NEPA document prior to 

the issuance of any ROW grant. 

BOEM and the USACE intend to 

conduct consultations required by 

Federal law jointly during the NEPA 

process. These consultations include, 

but are not limited to, those required by 

the CZMA, the ESA, the MagnusonStevens Fishery Conservation and 

Management Act, the NHPA, and 

Executive Order 13175—‘‘Consultation 

and Coordination with Tribal 

Governments.’’ 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 77, No. 100 / Wednesday, May 23, 2012 / Notices 30553 

Description of the Proposal 

Deepwater Wind proposes to 

construct and install a 34.5-kilovolt (kV) 

alternating current (AC) bi-directional 

submerged transmission cable between 

Block Island and the Rhode Island 

mainland. Deepwater Wind proposes 

that the BITS would: (1) Transmit 

electrical power from Deepwater Wind’s 

proposed BIWF to the Rhode Island 

mainland; and (2) transmit electrical 

power from the existing transmission 

grid on the Rhode Island mainland to 

Block Island. Deepwater Wind proposes 

to connect an onshore substation on 

Block Island (New Shoreham, Rhode 

Island) northeast approximately 19.2 

nmi to an onshore substation in South 

Kingstown, Rhode Island, or an 

additional approximately 7 nmi to an 

onshore substation in Narragansett, 

Rhode Island. Deepwater Wind is 

requesting a ROW grant for a 200-foot 

corridor associated with an 8 nmi 

portion of the BITS that is on the OCS. 

All cables would be installed in a 

manner that considers factors such as 

the type of seafloor (hard bottom or soft 

bottom), the potential presence of 

sandwaves and sediment megaripples, 

and the marine uses that take place in 

a given cable area. 

Description of the Proposed Grant Area 

The area under consideration is 

located on the OCS off the coast of 

Rhode Island, between Block Island and 

the mainland. A ROW grant is a corridor 

200 feet in width centered on the cable 

or pipeline (30 CFR 585.301). The area 

requested crosses the following portions 

of the following OCS blocks in Official 

Protraction Diagram Providence NK 19– 

07: 

Block No. Sub block 

6711 ........................................ H,L,P. 

Block No. Sub block 

6761 ........................................ D,H,K,L,N,O. 

6810 ........................................ A,B,E. 

6811 ........................................ G,H,K,L. 

We request public comments and 

indications of competitive interest in 

the actual ROW grant area requested. 

The ROW grant area requested by 

Deepwater Wind consists of an area 100 

feet to either side of the centerline. The 

centerline of the ROW can be 

determined by interconnecting the 

points indicated by the centerline 

coordinates. This area may be adjusted 

based on the results of future surveys or 

new information obtained from 

stakeholder outreach and public input. 

Coordinates for the centerline follow an 

order from north to south (points 1–27) 

and are provided in X, Y (eastings, 

northings) UTM Zone 18N, NAD 83 and 

geographic (longitude, latitude), NAD83. 

Point number UTM X (easting) UTM Y (northing) Longitude Latitude 

1 297579.86 4577806.25 ¥71.418731 41.326331 

2 297764.90 4576627.63 ¥71.416129 41.315771 

3 297948.74 4575456.74 ¥71.413546 41.305279 

4 297948.90 4575455.09 ¥71.413543 41.305264 

5 297962.50 4575166.08 ¥71.413285 41.302667 

6 297976.03 4574878.48 ¥71.413028 41.300082 

7 297976.04 4574877.33 ¥71.413028 41.300071 

8 297960.78 4574347.66 ¥71.413034 41.295301 

9 297945.47 4573816.13 ¥71.413040 41.290513 

10 297945.18 4573813.60 ¥71.413043 41.290490 

11 297888.18 4573526.78 ¥71.413628 41.287895 

12 297831.47 4573241.41 ¥71.414210 41.285312 

13 297831.38 4573241.03 ¥71.414211 41.285309 

14 297792.88 4573070.56 ¥71.414614 41.283765 

15 297754.21 4572899.35 ¥71.415018 41.282214 

16 297753.91 4572898.25 ¥71.415021 41.282204 

17 297700.90 4572725.11 ¥71.415596 41.280633 

18 297647.43 4572550.46 ¥71.416176 41.279048 

19 297646.70 4572548.55 ¥71.416184 41.279030 

20 297517.00 4572266.46 ¥71.417638 41.276459 

21 297387.73 4571985.30 ¥71.419087 41.273896 

22 297387.72 4571985.28 ¥71.419087 41.273896 

23 297197.85 4571573.97 ¥71.421215 41.270147 

24 297006.74 4571159.97 ¥71.423357 41.266373 

25 297003.33 4571155.24 ¥71.423396 41.266330 

26 294240.98 4568561.35 ¥71.455469 41.242287 

27 291458.78 4565948.75 ¥71.487750 41.218063 

The following multiple use issues 

were identified through consultation 

with the Task Force: 

The Department of Defense (DoD) 

conducts offshore testing, training, and 

operations on the OCS. BOEM will 

consult with the DoD on all proposed 

ROW grant projects to ensure that 

projects are compatible with DoD 

activities on the OCS. The U.S. Navy 

operates the Narragansett Bay Operating 

Area which overlaps portions of the 

proposed ROW grant area. The Naval 

Undersea Warfare Center (NUWC) also 

uses a restricted area located adjacent to 

the proposed ROW grant area as a 

testing area. The restricted area begins 

within the northern precautionary area 

approach to Narragansett Bay and 

extends south, coinciding with the 

Traffic Separation Scheme (TSS) as 

indicated on NOAA nautical chart 

13218 (Martha’s Vineyard to Block 

Island). The proposed ROW grant area 

does not cross the testing area. However, 

due to the close proximity of the 

proposed ROW grant area to the testing 

area and the Outbound Traffic Lane of 

the Narragansett Bay TSS, we welcome 

input concerning ways to coordinate 

cable installation and maintenance 

activities in the proposed ROW area in 

a manner that eliminates or reduces 

conflicts with NUWC testing and 

shipping in the vicinity to the extent 

that such conflicts exist. 

The Rhode Island Ocean Special Area 

Management Plan (SAMP) has 

identified portions of the proposed 

ROW grant area as important for 

commercial and recreational fishing 

activities, as well as important marine 

mstockstill on DSK4VPTVN1PROD with NOTICES

30554 Federal Register / Vol. 77, No. 100 / Wednesday, May 23, 2012 / Notices 

fish habitat. Specifically, the SAMP 

identified the area as important for a 

range of commercial fishing activities, 

including scallop dredging, gillnetting, 

lobster trapping, bottom trawling and 

recreational activities. Specific 

information on fishery resources, fishing 

activities and important marine habitats 

can be found at: 

http://www.crmc.ri.gov/ 

samp_ocean.html. 

There are several species of birds, 

marine mammals, sea turtles, and fish in 

the area off Rhode Island that are listed 

as threatened or endangered under the 

jurisdiction of the U.S. Fish and 

Wildlife Service or the NOAA National 

Marine Fisheries Service (NMFS). Such 

species may occur permanently or 

seasonally in the proposed ROW grant 

area. In addition to ESA-listed species, 

seabirds protected under the Migratory 

Bird Treaty Act and marine mammals 

protected under the Marine Mammal 

Protection Act may occur in the area. 

NMFS has not designated any ESA 

critical habitat within the proposed 

ROW grant area. Information on 

essential fish habitat and protected 

species within the proposed ROW grant 

area as designated under the MagnusonStevens Fishery Conservation and 

Management Act can be found at: http:// 

www.nero.noaa.gov/hcd/and http:// 

www.nero.noaa.gov/prot_res/. 

Map of the Area 

A map of the area proposed for a 

ROW grant can be found at the 

following URL: http://www.boem.gov/ 

Renewable-Energy-Program/StateActivities/Rhode-Island.aspx. 

A large scale map of the RFCI area 

showing boundaries of the area 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. 

Required Indication of Interest 

Information 

If you intend to submit an indication 

of competitive interest for a ROW grant 

for the area identified in this notice for 

the purposes of transmitting electricity 

supporting renewable energy, you must 

provide the following: 

(1) Documentation demonstrating that 

you are legally qualified to hold a ROW 

grant as set forth in 30 CFR 585.106– 

107. Guidance and examples of the 

documentation appropriate for 

demonstrating your legal qualifications 

can be found in Chapter 2 and 

Appendix B of the BOEM Renewable 

Energy Framework Guide Book 

available at: http://www.boemre.gov/ 

offshore/renewableenergy/PDFs/ 

REnGuidebook_03August2009_3_.pdf. 

Legal qualification documents will be 

placed in an official file that may be 

made available for public review. If you 

wish that some part of your legal 

qualification documentation be kept 

confidential, clearly identify what 

should be kept confidential, and submit 

it under separate cover (see Protection 

of Privileged or Confidential 

Information Section, below). 

(2) Documentation demonstrating that 

you are technically and financially 

qualified to hold a lease as set forth in 

30 CFR 585.106–107, including 

documentation demonstrating that you 

are technically and financially capable 

of constructing, operating, maintaining, 

and decommissioning the facilities 

described in (4), below. Guidance 

regarding the documentation that you 

may submit to demonstrate your 

technical and financial qualifications 

can be found at: http:// 

www.boemre.gov/offshore/ 

RenewableEnergy/PDFs/ 

QualificationGuidelines.pdf. 

(3) A statement that you wish to 

acquire a renewable energy ROW grant 

for the proposed grant area requested by 

Deepwater Wind for the BITS project 

and a description of how your proposal 

would interfere with, or suffer 

interference from, the BITS proposed 

project. Any request for a ROW grant 

located outside of the proposed grant 

area should be submitted separately 

pursuant to 30 CFR 585.305. 

(4) A description of your objectives, 

including: 

• Devices and infrastructure involved 

(if your project would require the use of 

offshore platforms, please indicate 

where those platforms would be 

located); 

• Anticipated capacity; 

• How the project would support 

renewable energy; and 

• A statement that the proposed 

activity conforms with state and local 

energy planning requirements, 

initiatives or guidance, as applicable. 

(5) A schedule of proposed activities, 

including those leading to commercial 

operations; and; 

(6) Available and pertinent data and 

information concerning environmental 

conditions in the area, including any 

energy and resource data and 

information used to evaluate the area. 

Where applicable, spatial information 

should be submitted in a format 

compatible with ArcGIS 9.3 in a 

geographic coordinate system (NAD 83). 

Your complete submission, including 

the items identified in (1) through (6) 

above, must be provided to BOEM in 

both paper and electronic formats. 

BOEM considers an Adobe PDF file 

stored on a compact disc (CD) to be an 

acceptable format for submitting an 

electronic copy. 

It is critical that you provide a 

complete submission of competitive 

interest so that BOEM may consider 

your submission in a timely manner. If 

BOEM reviews your submission and 

determines that it is incomplete, BOEM 

will inform you of this determination in 

writing and describe the information 

that BOEM wishes you to provide in 

order for BOEM to deem your 

submission complete. You will be given 

15 business days from the date of the 

letter to provide the information that 

BOEM found to be missing from your 

original submission. If you do not meet 

this deadline, or if BOEM determines 

your second submission is also 

insufficient, BOEM reserves the right to 

deem your submission invalid. In such 

a case, BOEM would not consider your 

submission. 

Requested Information From Interested 

or Affected Parties 

BOEM is also requesting from the 

public and other interested or affected 

parties specific and detailed comments 

regarding the following: 

(1) Geological and geophysical 

conditions (including bottom and 

shallow hazards) in the area described 

in this notice; 

(2) Known archaeological, historic, 

and/or cultural resource sites on the 

seabed in the area described in this 

notice; 

(3) Multiple uses of the area described 

in this notice, including navigation (in 

particular, commercial and recreational 

vessel usage, and commercial and 

recreational fisheries); 

(4) Potential impacts to existing 

communication cables; 

(5) Department of Defense 

operational, training and testing 

activities (surface and subsurface) that 

occur in the area described in this 

notice that may be impacted by the 

proposed project; 

(6) Impacts to potential future uses of 

the area; 

(7) Advisable setback distance for 

other offshore structures, including 

other cables, renewable energy 

structures, oil and gas structures, etc.; 

(8) The potential risk posed by 

anchors or other factors, and burial 

depths that would be required to 

mitigate such risks; 

(9) Other relevant environmental and 

socioeconomic information. 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 77, No. 100 / Wednesday, May 23, 2012 / Notices 30555 

Protection of Privileged or Confidential 

Information 

Freedom of Information Act 

BOEM will protect privileged or 

confidential information that you 

submit as required by the Freedom of 

Information Act (FOIA). Exemption 4 of 

FOIA applies to trade secrets and 

commercial or financial information 

that you submit that is privileged or 

confidential. If you wish to protect the 

confidentiality of such information, 

clearly mark it and request that BOEM 

treat it as confidential. BOEM will not 

disclose such information, subject to the 

requirements of FOIA. Please label 

privileged or confidential information, 

‘‘Contains Confidential Information,’’ 

and consider submitting such 

information as a separate attachment. 

However, BOEM will not treat as 

confidential any aggregate summaries of 

such information or comments not 

containing such information. 

Additionally, BOEM will not treat as 

confidential: (1) The legal title of the 

nominating entity (for example, the 

name of your company); or (2) the 

geographic location of nominated 

facilities and the types of those 

facilities. Information that is not labeled 

as privileged or confidential will be 

regarded by BOEM as suitable for public 

release. 

National Historic Preservation Act (16 

U.S.C. 470w–3(a)) 

BOEM is required, after consultation 

with the Secretary, to withhold the 

location, character, or ownership of 

historic resources if it determines that 

disclosure may, among other things, risk 

harm to the historic resources or impede 

the use of a traditional religious site by 

practitioners. Tribal entities should 

designate information that falls under 

Section 304 of NHPA as confidential. 

Dated: May 10, 2012. 

Tommy P. Beaudreau, 

Director, Bureau of Ocean Energy 

Management. 

[FR Doc. 2012–12485 Filed 5–22–12; 8:45 am] 

BILLING CODE 4310–MR–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Clean Air Act 

Notice is hereby given that on May 16, 

2012, a proposed Consent Decree in 

United States et al. v. Questar Gas 

Management Co., Civil Action No. 2:08– 

cv–00167–TS–PMW, was lodged with 

the United States District Court for the 

District of Utah. 

In this action the United States seeks 

civil penalties and injunctive relief for 

alleged violations of the Clean Air Act 

(‘‘CAA’’), 42 U.S.C. 7401 et seq., at five 

compressor stations Questar Gas 

Management Co., now known as QEP 

Field Services Co. (‘‘QEPFS’’) owns and 

operates in Uintah County, Utah. 

Specifically, the United States alleges 

that QEPFS constructed, modified, and 

operated the compressor stations in 

northeastern Utah without complying 

with: (a) The National Emissions 

Standards for Hazardous Air Pollutants 

applicable to oil and natural gas 

production facilities, 40 CFR part 63, 

Subpart HH and Subpart ZZZZ; (b) the 

pre-construction Prevention of 

Significant Deterioration program, set 

forth at 42 U.S.C. 7470–7492 and 40 

CFR 52.21; and (c) the post-construction 

federal operating permits program set 

forth at Title V of the CAA, 42 U.S.C. 

7661–7661f and 40 CFR part 71. The 

proposed consent decree would require 

QEPFS to pay a civil penalty of 

$3,650,000, pay $350,000 to a Tribal 

Clean Air Trust Fund, and perform 

other specified injunctive relief. 

The Department of Justice will 

receive, for a period of thirty (30) days 

from the date of this publication, 

comments relating to the proposed 

settlement agreement. Comments should 

be addressed to the Assistant Attorney 

General for the Environment and 

Natural Resources Division, and either 

emailed to pubcommentees.enrd@usdoj.gov or mailed to P.O. 

Box 7611, U.S. Department of Justice, 

Washington, DC 20044–7611, and 

should refer to United States et al. v. 

Questar Gas Management Co., Civil 

Action No. 2:08–cv–00167–TS–PMW, 

and D.J. Ref. No. 90–5–2–1–08432. 

During the public comment period, 

the settlement agreement may be 

examined on the following Department 

of Justice Web site, http:// 

www.usdoj.gov/enrd/ 

Consent_Decrees.html. A copy of the 

settlement agreement may also be 

obtained by mail from the Consent 

Decree Library, P.O. Box 7611, U.S. 

Department of Justice, Washington, DC 

20044–7611 or by faxing or emailing a 

request to ‘‘Consent Decree Copy’’ 

(EESCDCopy.enrd@usdoj.gov), fax no. 

(202) 514–0097, phone confirmation 

number (202) 514–5271. If requesting a 

copy from the Consent Decree Library 

by mail, please enclose a check in the 

amount of $11.00 ($.25 per page) 

payable to the U.S. Treasury or, if by 

email or fax, forward a check in that 

amount to the Consent Decree Library at 

the address given above. 

Robert Brook, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. 2012–12476 Filed 5–22–12; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

Petitions for Modification of 

Application of Existing Mandatory 

Safety Standards 

AGENCY: Mine Safety and Health 

Administration, Labor. 

ACTION: Notice. 

SUMMARY: Section 101(c) of the Federal 

Mine Safety and Health Act of 1977 and 

30 CFR Part 44 govern the application, 

processing, and disposition of petitions 

for modification. This notice is a 

summary of petitions for modification 

submitted to the Mine Safety and Health 

Administration (MSHA) by the parties 

listed below to modify the application 

of existing mandatory safety standards 

codified in Title 30 of the Code of 

Federal Regulations. 

DATES: All comments on the petitions 

must be received by the Office of 

Standards, Regulations and Variances 

on or before June 22, 2012. 

ADDRESSES: You may submit your 

comments, identified by ‘‘docket 

number’’ on the subject line, by any of 

the following methods: 

1. Electronic Mail: zzMSHAcomments@dol.gov. Include the docket 

number of the petition in the subject 

line of the message. 

2. Facsimile: 202–693–9441. 

3. Regular Mail or Hand Delivery: 

MSHA, Office of Standards, Regulations 

and Variances, 1100 Wilson Boulevard, 

Room 2350, Arlington, Virginia 22209– 

3939, Attention: George F. Triebsch, 

Director, Office of Standards, 

Regulations and Variances. Persons 

delivering documents are required to 

check in at the receptionist’s desk on 

the 21st floor. Individuals may inspect 

copies of the petitions and comments 

during normal business hours at the 

address listed above. 

MSHA will consider only comments 

postmarked by the U.S. Postal Service or 

proof of delivery from another delivery 

service such as UPS or Federal Express 

on or before the deadline for comments. 

FOR FURTHER INFORMATION CONTACT: 

Barbara Barron, Office of Standards, 

Regulations and Variances at 202–693– 

mstockstill on DSK4VPTVN1PROD with NOTICES