Federal Register / Vol. 76, No. 160 / Thursday, August 18, 2011 / Notices 51383 

(6) An estimate of the total public 

burden (in hours) associated with the 

collection: 1,450 annual burden hours. 

If you need a copy of the information 

collection instrument, please visit the 

Web site at: http:// 

www.regulations.gov/. 

We may also be contacted at: USCIS, 

Regulatory Products Division, Office of 

the Executive Secretariat, 20 

Massachusetts Avenue, NW., Room 

5012, Washington, DC 20529–2020, 

Telephone number 202–272–8377. 

Dated: August 12, 2011. 

Sunday A. Aigbe, 

Chief, Regulatory Products Division, Office 

of the Executive Secretariat, U.S. Citizenship 

and Immigration Services, Department of 

Homeland Security. 

[FR Doc. 2011–21017 Filed 8–17–11; 8:45 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Ocean Energy Management, 

Regulation and Enforcement 

[Docket No. BOEM–2011–0049] 

Commercial Leasing for Wind Power 

on the Outer Continental Shelf (OCS) 

Offshore Rhode Island and 

Massachusetts—Call for Information 

and Nominations (Call) 

AGENCY: Bureau of Ocean Energy 

Management, Regulation and 

Enforcement (BOEMRE), Interior. 

ACTION: Call for Information and 

Nominations for Commercial Leasing for 

Wind Power on the OCS Offshore Rhode 

Island and Massachusetts. 

SUMMARY: BOEMRE invites the 

submission of nominations for one or 

more commercial leases that would 

allow a lessee to propose the 

construction of a wind energy project(s) 

on the OCS offshore Rhode Island and 

Massachusetts and to develop a project 

if further environmental review is 

successful. Although this 

announcement is not itself a leasing 

announcement, the area described 

herein may be subject to future leasing, 

and BOEMRE will use the responses to 

this Call for Information and 

Nominations (Call) to gauge specific 

interest in acquiring commercial wind 

leases in some or all of the area 

described, and to determine whether 

competitive interest exists in any 

particular area, as required by 43 U.S.C. 

1337(p)(3). Parties wishing to submit a 

nomination in response to this Call 

should submit detailed and specific 

information in response to the 

requirements described in the section 

entitled, ‘‘Required Nomination 

Information.’’ 

This announcement also requests that 

interested and affected parties comment 

and provide information about site 

conditions, resources and multiple uses 

within the area identified in this notice 

that would be relevant to BOEMRE’s 

review of the nominations submitted 

and any subsequent decision to offer all 

or part of the area for commercial wind 

leasing. The information that BOEMRE 

is requesting is described below in the 

section entitled, ‘‘Requested Information 

from Interested or Affected Parties.’’ 

This notice is published pursuant to 

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

43 U.S.C. 1337(p)(3), as well as the 

implementing regulations at 30 CFR Part 

285. 

The area under consideration for this 

Call (Call Area) is located on the OCS 

off the coast of Rhode Island and 

Massachusetts within the Area of 

Mutual Interest (AMI), as described by 

a Memorandum of Understanding 

(MOU) between the Governors of Rhode 

Island and Massachusetts. 

The Call Area is divided into two 

areas which are separated by an existing 

Traffic Separation Scheme (TSS). The 

first section of the Call Area is 

northwest of the TSS beginning 

approximately 9 nautical miles (nmi) 

southeast of Point Judith, Rhode Island, 

and extending approximately 2 nmi 

seaward (Northwest section). This 

section of the Call Area is 

approximately 1.25 square nmi and 

contains 1 partial OCS lease block. The 

second section of the Call Area is 

southeast of the TSS beginning 

approximately 10 nmi south of the 

Newport, Rhode Island coast, and 

extending approximately 20 nmi 

seaward (Southeast section). This 

section of the Call Area is 

approximately 246 square nmi and 

contains 31 whole OCS lease blocks as 

well as 10 partial OCS lease blocks. 

The Call Area was identified by 

BOEMRE in consultation with the State 

of Rhode Island and the Commonwealth 

of Massachusetts, and further delineated 

in consultation with the BOEMRE/ 

Rhode Island and BOEMRE/ 

Massachusetts Renewable Energy Task 

Forces. A detailed description of the 

area and how it was identified is found 

later in this notice. 

DATES: BOEMRE must receive your 

nomination describing your interest in 

this potential commercial leasing area 

postmarked by October 3, 2011 for your 

nomination to be considered. BOEMRE 

requests comments or other submissions 

of information by this same date. 

BOEMRE will consider only the 

nominations we receive by that time. 

Submission Procedures: If you are 

submitting a nomination for a lease in 

response to this Call, please submit your 

nomination by mail to the following 

address: Bureau of Ocean Energy 

Management, Regulation and 

Enforcement, Office of Offshore 

Alternative Energy Programs, 381 Elden 

Street, Mail Stop 4090, Herndon, 

Virginia 20170. In addition to a paper 

copy of the nomination, please include 

an electronic copy of the nomination on 

a compact disc (CD). Nominations must 

be postmarked by October 3, 2011 to be 

considered by BOEMRE. BOEMRE will 

list the parties that submitted 

nominations and the location of the 

proposed lease areas (i.e., OCS blocks 

nominated) on the BOEMRE Web site 

after the 45-day comment period has 

closed. 

Comments and other submissions of 

information may be submitted by either 

of the following two methods: 

1. Federal eRulemaking Portal: 

http://www.regulations.gov. In the entry 

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

BOEM–2011–0049, and then click 

‘‘search’’. Follow the instructions to 

submit public comments and view 

supporting and related materials 

available for this notice. BOEMRE will 

post all comments which are not 

marked ‘‘Contains Confidential 

Information.’’ 

2. By U.S. Postal Service or other 

delivery service, sending your 

comments and information to the 

following address: Bureau of Ocean 

Energy Management, Regulation and 

Enforcement, Office of Offshore 

Alternative Energy Programs, 381 Elden 

Street, Mail Stop 4090, Herndon, 

Virginia 20170. All responses will be 

reported on http://www.regulations.gov. 

If you wish to protect the 

confidentiality of your nomination or 

comments, clearly mark the relevant 

sections and request that BOEMRE treat 

them as confidential. Please label 

privileged or confidential information 

with ‘‘Contains Confidential 

Information,’’ and consider submitting 

such information as a separate 

attachment. Treatment of confidential 

information is addressed in the section 

of this Call entitled, ‘‘Privileged or 

Confidential Information.’’ Information 

that is not labeled as privileged or 

confidential will be regarded by 

BOEMRE as suitable for public release. 

FOR FURTHER INFORMATION CONTACT: 

Jessica Bradley, Project Coordinator, 

BOEMRE, Office of Offshore Alternative 

Energy Programs, 381 Elden Street, Mail 

Stop 4090, Herndon, Virginia 20170, 

(703) 787–1320. 

SUPPLEMENTARY INFORMATION: 

mstockstill on DSK4VPTVN1PROD with NOTICES

51384 Federal Register / Vol. 76, No. 160 / Thursday, August 18, 2011 / Notices 

Purpose of the Call for Information and 

Nominations 

The OCS Lands Act requires BOEMRE 

to award leases competitively, unless 

BOEMRE makes a determination that 

there is no competitive interest (43 

U.S.C. 1337(p)(3)). The issuance of this 

notice is not intended to indicate that 

BOEMRE has determined that 

competitive interest exists in the area 

identified. Rather, this notice is the first 

step in the renewable energy planning 

and leasing process in the AMI offshore 

Rhode Island and Massachusetts. The 

responses to this notice will assist 

BOEMRE in determining if there is any 

competitive interest in the area 

identified. This notice also requests 

information from interested and affected 

parties on issues relevant to BOEMRE’s 

review of nominations for potential 

leasing in the area identified. 

BOEMRE is issuing a Call instead of 

an Request for Interest (RFI) to facilitate 

and expedite the leasing process in 

keeping with the goals and objectives of 

the Secretary of the Interior’s ‘‘Smart 

from the Start’’ initiative. If an RFI were 

issued and the responses to it indicated 

competitive interest, the applicable 

regulations would require BOEMRE to 

issue a Call, which BOEMRE believes 

would be duplicative of the RFI process 

and, therefore, unnecessary and 

inefficient. Issuance of this Call, without 

a RFI, is designed to enable BOEMRE to 

analyze information needed to support 

appropriate commercial leasing, while 

ensuring ample opportunity for input 

from interested and affected parties. 

The responses to this Call could lead 

to the initiation of a competitive leasing 

process in some areas of the AMI (i.e., 

where competition exists for certain 

tracts), and a noncompetitive process in 

other areas of the AMI (i.e., where no 

competitive interest exists in certain 

tracts). The leasing process is described 

more completely under the 

‘‘Determination of Competitive Interest’’ 

and ‘‘Noncompetitive Leasing Process,’’ 

sections of this notice. If BOEMRE 

determines that there is no competitive 

interest in some or all of this area 

offshore Rhode Island and 

Massachusetts, BOEMRE may proceed 

with the noncompetitive lease process 

pursuant to 30 CFR 285.232 for any 

area(s) where no competitive interest 

exists. If BOEMRE determines that there 

is competitive interest in some or all of 

this area offshore Rhode Island and 

Massachusetts, BOEMRE may proceed 

with Area Identification, as set forth in 

30 CFR 285.211(b), and the competitive 

leasing process set forth under 30 CFR 

285.211 through 285.225. Whether the 

leasing process would be competitive or 

noncompetitive, it would (1) include 

additional opportunities for the public 

to provide input; (2) be reviewed 

thoroughly for potential environmental 

and multiple use impacts; and (3) be 

conducted in conformance with all 

applicable laws and regulations. The 

area that may be offered for lease, if any, 

has not yet been determined, and may 

be reduced in size from the area 

identified in this Call. 

Background 

Energy Policy Act of 2005 (EPAct) 

The EPAct amended the OCS Lands 

Act by adding subsection 8(p)(1)(C), 

which authorizes the Secretary of the 

Interior to grant leases, easements, or 

rights-of-way (ROWs) on the OCS for 

activities that are not otherwise 

authorized by law and that produce or 

support 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 BOEMRE. On April 29, 2009, 

BOEMRE published the Renewable 

Energy and Alternate Uses (REAU) rule, 

at 30 CFR Part 285, which can be found 

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

RenewableEnergy/PDF/ 

FinalRenewableEnergyRule.pdf. 

Executive Order 13547: Stewardship of 

the Ocean, Our Coasts, and the Great 

Lakes 

On July 19, 2010, the President signed 

Executive Order 13547 establishing a 

national ocean policy and the National 

Ocean Council (75 FR 43023). 

The Order establishes a 

comprehensive, integrated national 

policy for the stewardship of the ocean, 

our coasts, and the Great Lakes. Where 

BOEMRE actions affect the ocean, the 

Order requires BOEMRE to take such 

action as necessary to implement this 

policy, the stewardship principles, and 

national priority objectives adopted by 

the Order, and guidance from the 

National Ocean Council. 

BOEMRE appreciates the importance 

of coordinating its planning endeavors 

with other OCS users and regulators and 

intends to follow 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. BOEMRE anticipates that 

continued coordination with the state 

Renewable Energy Task Forces will help 

inform comprehensive coastal and 

marine spatial planning efforts. 

Department of the Interior ‘‘Smart 

From the Start’’ Atlantic Wind 

Initiative 

Secretary Ken Salazar announced the 

‘‘Smart from the Start’’ OCS renewable 

energy initiative on November 23, 2010. 

This initiative includes three key 

elements: (1) Streamlined processes for 

commercial wind lease issuance; (2) the 

identification of Wind Energy Areas 

(WEA) followed by concrete information 

gathering; and (3) processing OCS 

energy transmission line proposals on a 

parallel but separate track from 

generation projects. 

A WEA is an OCS area identified as 

having high wind resource potential 

along with relatively low potential use 

conflict, making it suitable for the 

consideration of wind energy leasing. 

Some of the area delineated for this Call 

may be identified as a WEA during the 

Area Identification stage of the leasing 

and planning process. 

BOEMRE/State Renewable Energy Task 

Forces 

BOEMRE established the Rhode 

Island Task Force in November 2009, at 

the request of Governor Donald Carcieri, 

to facilitate coordination among affected 

Federal agencies and state, local, and 

tribal governments throughout the entire 

leasing process. The first meeting was 

held on November 17, 2009, to 

introduce the intergovernmental 

members, discuss the purpose of the 

task force, explain the BOEMRE 

renewable energy leasing and 

environmental review process, and 

discuss a draft charter. BOEMRE began 

working on a RFI with the BOEMRE/ 

Rhode Island Renewable Energy Task 

Force, and originally intended to issue 

a RFI for an area offshore Rhode Island. 

Rhode Island and Massachusetts then 

developed a partnership that resulted in 

an MOU signed by the Governors of 

both States in July of 2010. This MOU 

created the AMI and set a framework for 

the two states to collaborate on issues 

concerning offshore wind development 

on the OCS. In October and November 

of 2010, two developers submitted 

separate unsolicited requests pursuant 

to 30 CFR 285.230 for commercial leases 

within the AMI that partially overlap 

geographically. BOEMRE convened joint 

meetings of the BOEMRE/Rhode Island 

and BOEMRE/Massachusetts Renewable 

Energy Task Forces to coordinate on 

offshore renewable energy leasing 

within this area. The BOEMRE/Rhode 

Island Renewable Energy Task Force 

meeting materials and information 

related to the joint Task Force efforts are 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 76, No. 160 / Thursday, August 18, 2011 / Notices 51385 

available on the BOEMRE web site at: 

http://www.boemre.gov/offshore/ 

RenewableEnergy/StateActivitiesRhodeIsland.htm. 

In light of these partially overlapping 

unsolicited requests, as well as the high 

level of interest that has been expressed 

for potential commercial wind leasing 

in other areas of the OCS (e.g. Maryland 

and New Jersey), we anticipate that 

there will be competitive interest within 

the Call Area. Issuance of this Call is 

designed to enable BOEMRE to proceed 

with the competitive process in an 

efficient manner while ensuring ample 

opportunity for input from interested 

and affected parties. 

Environmental Review Process 

BOEMRE intends to prepare an 

environmental assessment (EA), which 

will consider the environmental 

consequences associated with issuing 

commercial wind leases and approving 

site assessment activities on those leases 

within all or some of this Call area. 

BOEMRE is seeking public input in 

identifying the environmental issues 

and alternatives to be considered 

through the publication of a Notice of 

Intent (NOI) to prepare an EA, 

concurrently with this Call. 

The EA will consider the 

environmental consequences associated 

with reasonably foreseeable leasing and 

site characterization scenarios within 

the Call Area (including geophysical, 

geotechnical, archaeological, and 

biological surveys), and reasonably 

foreseeable site assessment scenarios 

(including the installation and operation 

of meteorological towers and buoys) on 

the potential leaseholds. At a minimum, 

the alternatives that will be considered 

are: no action, (i.e. no issuance of leases 

or approval of site assessment 

activities); and the issuance of leases 

and approval of site assessment 

activities within the areas described in 

this Call. The NOI solicits input on the 

environmental effects associated with 

the activities described above. The EA 

will not, however, be used to support 

any future decision regarding the 

approval of the construction or 

operation of any wind energy facility on 

leases that may be issued within this 

Call Area. Instead, any proposed project 

will go through a thorough 

environmental review process at a 

future date. 

Several consultations will be 

conducted concurrently with and 

integrated into the National 

Environmental Policy Act (NEPA) 

process. These consultations include, 

but are not limited to, those required by 

the Coastal Zone Management Act 

(CZMA), the Endangered Species Act 

(ESA), the Magnuson-Stevens Fishery 

Conservation and Management Act, the 

National Historic Preservation Act 

(NHPA), and Executive Order 13175— 

‘‘Consultation and Coordination With 

Tribal Governments.’’ The results of 

these consultations will assist BOEMRE 

in deciding whether and where leases 

may be issued. These consultations 

would take place prior to the issuance 

of any leases. BOEMRE has initiated 

government-to-government tribal 

consultation pursuant to Executive 

Order 13175 with three federally 

recognized tribes that have expressed 

interest in wind energy development in 

the New England area. After evaluating 

the responses to the Call, but before 

publishing the Proposed Sale Notice 

(PSN) for a competitive lease sale or 

issuing a lease noncompetitively, 

BOEMRE will conduct consultations 

pursuant to Section 106 of the NHPA. 

When possible, BOEMRE will conduct 

consultations concurrently with the 

NEPA process (30 CFR 800.8(3)(c)). 

Actions Taken by the States of Rhode 

Island and Massachusetts in Support of 

Offshore Renewable Energy 

Development 

BOEMRE recognizes the importance 

of the steps that the State of Rhode 

Island and the Commonwealth of 

Massachusetts have taken to encourage 

environmentally sound offshore wind 

energy development. While a state may 

promote such development through 

initiatives such as the creation of 

screening tools that inform the BOEMRE 

planning process, BOEMRE retains the 

exclusive authority to issue leases, 

easements, and rights-of-way on the 

OCS for renewable energy purposes. 

Below is a summary of the initiatives 

and actions undertaken by the State of 

Rhode Island and the Commonwealth of 

Massachusetts that promote the 

development of wind energy on the 

OCS. 

The State of Rhode Island has devised 

a process for identifying areas it believes 

are suitable for renewable energy 

development, by considering wind 

development’s compatibility with 

existing uses and the character of the 

natural resources in those areas. This 

effort tiered off two previous initiatives: 

(1) The Rhode Island Winds Report of 

2005, which made a preliminary 

assessment of the feasibility of wind 

energy projects offshore Rhode Island; 

and (2) the Baird’s Sea Grant Science 

Symposium, Sound Connections: The 

Science of Rhode Island and Block 

Island Sounds, October 2008; findings 

of which can be found at http:// 

seagrantadm.gso.uri.edu/Baird_08/ 

default.htm. The Baird Symposium 

provided a forum for researchers, 

resource managers, and stakeholders to 

discuss the state of the science in 

various areas important to Rhode Island 

coastal communities, including 

ecosystems and fisheries. 

The State of Rhode Island has 

completed and adopted a Marine Spatial 

Planning Plan called the Ocean Special 

Area Management Plan (SAMP) for the 

areas offshore Rhode Island that support 

siting activities for offshore renewable 

energy and reflects extensive 

stakeholder input. This document, 

adopted by the National Oceanic and 

Atmospheric Administration (NOAA) 

on July 22, 2011, will become the basis 

for the State of Rhode Island’s Federal 

consistency process for the AMI and is 

recognized in the July 2010 MOU 

between Rhode Island and 

Massachusetts as the guiding document 

for the AMI area. 

The State of Rhode Island continues 

to gather data for a number of areas on 

the OCS, including data on avian 

species, fish habitat, marine mammals, 

physical oceanographic measurements, 

acoustics, geophysical and other data. 

BOEMRE appreciates the importance of 

this information and will use the data 

and information gathered by the state in 

its evaluation of potential lease issuance 

in the AMI. 

The July 2010 MOU between Rhode 

Island and Massachusetts recognizes the 

benefits of collaborating in the 

evaluation and potential development of 

the AMI. Rhode Island and 

Massachusetts officials held a series of 

public meetings in Massachusetts to 

discuss SAMP data and the process 

involved. Rhode Island and 

Massachusetts officials expect that 

similar stakeholder discussions will 

continue, such as through the convening 

of a Fisheries Advisory Board consisting 

of fishing representatives from both 

States. In the development of the Call 

Area, input from both the BOEMRE/ 

Rhode Island and BOEMRE/ 

Massachusetts Task Forces has provided 

a regional perspective on the physical, 

biological, and socioeconomic resources 

of the AMI. 

BOEMRE’s Planning and Leasing 

Process 

BOEMRE has been involved in a 

planning process for the AMI area since 

the establishment of the BOEMRE/ 

Rhode Island Renewable Energy Task 

Force in 2009. The planning process has 

involved coordination with the joint 

BOEMRE/Rhode Island and BOEMRE/ 

Massachusetts Renewable Energy Task 

Forces on the development of this Call. 

In addition, at the request of the State 

of Rhode Island and the Commonwealth 

mstockstill on DSK4VPTVN1PROD with NOTICES

51386 Federal Register / Vol. 76, No. 160 / Thursday, August 18, 2011 / Notices 

of Massachusetts, BOEMRE has 

participated in ten public information 

sessions with stakeholders from both 

states to provide information regarding 

BOEMRE’s planning process. Additional 

information, including presentations 

and materials from the public 

information sessions and the joint Task 

Force meetings can be found at: 

http://www.boemre.gov/offshore/ 

RenewableEnergy/StateActivitiesRhodeIsland.htm. 

Determination of Competitive Interest 

The first step in the leasing process is 

to determine whether or not there is 

interest in acquiring a lease and whether 

there is competitive interest in acquiring 

a lease in any particular area. At the 

conclusion of the comment period for 

this Call, BOEMRE will review the 

nominations received, undertake a 

completeness review and qualifications 

review, and make a determination as to 

whether competitive interest exists in 

any specific location within the Call 

Area. 

If two areas of interest fully or 

partially overlap, BOEMRE may proceed 

with the competitive leasing process as 

described below. For areas where 

BOEMRE determines that there is no 

competitive interest, BOEMRE may 

proceed with the noncompetitive 

leasing process also described below. 

While BOEMRE anticipates that this 

Call will result in multiple nominations 

for the area that indicate competitive 

interest exists, it is nonetheless possible 

that the responses to the Call could lead 

to following a competitive process, 

noncompetitive process, or both. 

BOEMRE may consult with the 

BOEMRE/Rhode Island and BOEMRE/ 

Massachusetts Task Forces throughout 

these processes. 

Situations may arise in which several 

parties nominate project areas that do 

not overlap. Under these circumstances, 

BOEMRE could choose to employ an 

allocation system of leases that involves 

the creation of competition across tracts. 

This system is referred to as intertract 

competition and would also be 

implemented under the competitive 

process outlined in the regulations. 

BOEMRE may consult with the 

BOEMRE/Rhode Island and BOEMRE/ 

Massachusetts Task Forces in 

determining intertract competition. 

Respondents to this Call and members 

of the public should be aware that no 

lease will be issued, either 

competitively or noncompetitively, 

until the necessary consultations and 

environmental analysis have been 

completed and the public has been 

given ample opportunity to comment. 

As a result, it is possible that certain 

areas nominated may not be leased, or 

that the areas nominated may be 

modified from their original, proposed 

form before being offered for lease. 

Competitive Leasing Process 

If, after receiving responses to this 

Call, BOEMRE proceeds with the 

competitive leasing process for certain 

areas, it would follow the steps required 

by 30 CFR 285.211 through 285.225: 

(1) Area Identification: Based on the 

information submitted in response to 

this Call, BOEMRE would identify an 

area in which interest exists, and which 

will be subject to environmental 

analysis, in consultation with 

appropriate Federal agencies, states, 

local governments, tribes and other 

interested parties. The area identified 

will constitute a WEA under the ‘‘Smart 

from the Start’’ initiative, which will be 

the area analyzed in the EA. The NOI to 

prepare the EA is being published 

concurrently with this Call. 

(2) Proposed Sale Notice: If BOEMRE 

decides to proceed with lease issuance 

in the area, then BOEMRE would 

publish the PSN in the Federal Register 

and send the PSN to any affected tribes, 

the State Historic Preservation Office, 

the Governor of any affected state, and 

the executive of any affected local 

government. The PSN would describe 

the areas to be offered for leasing and 

the proposed conditions of a lease sale, 

including the proposed auction format, 

lease form, and lease provisions/ 

stipulations. Additionally, the PSN 

would describe the criteria and process 

for evaluating bids. The PSN would be 

issued after completion of any final 

NEPA documentation, preparation of 

the Consistency Determination as 

required by the CZMA and its 

implementing regulations, and 

preparation of various analyses of 

proposed lease sale economic terms and 

conditions. The comment period 

following issuance of a PSN would be 

60 days. 

(3) Final Sale Notice: If BOEMRE 

decides to proceed with lease issuance 

after considering comments on the PSN, 

it would then publish the Final Sale 

Notice (FSN) in the Federal Register at 

least 30 days before the date of the sale. 

BOEMRE may use one of the following 

four auction formats to select the 

winning bidder(s) as required by 30 CFR 

285.220: Multiple-factor bidding; sealed 

bidding; ascending bidding; or two-stage 

bidding (a combination of ascending 

bidding and sealed bidding). BOEMRE 

would publish the criteria for winning 

bid determinations in the FSN. 

(4) Bid Submission and Evaluation: 

Following publication of the FSN in the 

Federal Register, qualified bidders 

would be able to submit their bids to 

BOEMRE in accordance with 

procedures in the FSN. The bids, 

including the bid deposits if applicable, 

would be reviewed for technical and 

legal adequacy. BOEMRE would 

evaluate the bids to determine if the 

bidder has complied with all applicable 

regulations. BOEMRE reserves the right 

to reject any or all bids and the right to 

withdraw an offer to lease an area from 

the sale. 

As stated above, BOEMRE may 

consider using the multiple-factor 

auction format in addition to the three 

other auction formats described at 30 

CFR 285.220. If BOEMRE were to use a 

multiple-factor auction format, the 

evaluation of bids would be made by a 

panel composed of members selected by 

BOEMRE, and factors that BOEMRE 

may choose to include in the auction 

could be selected from a wide array of 

options. Factors that BOEMRE may 

consider for inclusion in this auction 

process are: Compatibility with existing 

state and local needs; or public benefits. 

These factors would be identified in the 

FSN. 

If BOEMRE were to use a multiplefactor auction format, it is possible that 

a negotiation stage may be included in 

the bid assessment criteria, to be used 

if it becomes necessary to modify a 

proposed lease prior to acceptance. 

BOEMRE would coordinate with the 

state and other stakeholders, as 

appropriate, to establish procedures 

designed to assure the selection of the 

most worthy proposal that would 

provide a fair return to the United States 

pursuant to subsection 8(p)(2)(A) of the 

OCS Lands Act (43 U.S.C. 

1337(p)(2)(A)). 

(5) Issuance of a Lease: Following the 

selection of a winning bid(s) by 

BOEMRE, the submitter(s) would be 

notified of the decision and provided a 

set of official lease documents for 

execution. The successful bidder would 

be required to execute the lease, pay the 

remainder of the bonus bid, if 

applicable, and file the required 

financial assurance within 10 days of 

receiving the lease copies. Upon receipt 

of the required payments, financial 

assurance, and properly executed lease 

forms, BOEMRE would issue a lease to 

the successful bidder. 

Noncompetitive Leasing Process 

If, after evaluating the responses to 

this notice, BOEMRE determines that 

there is no competitive interest in a 

proposed lease area, it may proceed 

with the noncompetitive lease issuance 

process pursuant to 30 CFR 285.232, as 

amended by a rulemaking, which took 

effect on June 15, 2011 (76 FR 28178). 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 76, No. 160 / Thursday, August 18, 2011 / Notices 51387 

Should BOEMRE decide to proceed 

with the noncompetitive leasing 

process, it would ask if the respondent 

wants to proceed with acquiring the 

lease, and if so, the respondent must 

submit an acquisition fee as specified by 

30 CFR 285.502(a). After receiving the 

acquisition fee, BOEMRE would follow 

the process outlined in 30 CFR 285.231. 

After determining that no competitive 

interest exists, BOEMRE would publish 

a notice in the Federal Register 

announcing this determination. Within 

60 days of the date of that notice, the 

respondent would be required to submit 

a Site Assessment Plan (SAP), as 

described in 30 CFR 285.231(d)(2)(i). 

BOEMRE will comply with the 

requirements of NEPA, CZMA, ESA, 

NHPA, and other applicable Federal 

statutes before issuing a lease 

noncompetitively. BOEMRE would 

coordinate and consult, as appropriate, 

with relevant Federal agencies, affected 

tribes, affected state and local 

governments, and provide opportunity 

for public comment prior to issuing a 

noncompetitive lease and in formulating 

lease terms, conditions, and 

stipulations. 

It is possible that responses to this 

notice may result in a determination 

that there is competitive interest in 

acquiring leases in some areas but not 

in others. BOEMRE will announce 

publicly its determinations before 

proceeding with any leasing process. 

Description of the Area 

The Call Area is located on the OCS 

off the coast of Rhode Island and 

Massachusetts. The Call Area is divided 

into two areas separated by an existing 

TSS. The first section of the Call Area 

is northwest of the TSS beginning 

approximately 9 nmi southeast of Point 

Judith, Rhode Island and extending 

approximately 2 nmi seaward 

(Northwest section). This section of the 

Call Area is approximately 1.25 square 

nmi and contains 1 partial OCS lease 

block. The second section of the Call 

Area is southeast of the TSS beginning 

approximately 10 nmi south of the 

Newport, Rhode Island coast and 

extending approximately 20 nmi 

seaward (Southeast section). This 

section of the Call area is approximately 

246 square nmi and contains 31 whole 

OCS lease blocks as well as 10 partial 

OCS lease blocks. 

The following partial OCS lease block 

is included within the Northwest 

section of the Call Area, in Providence 

NK19–07: 

Block No. Sub block 

6764 ......... A,B,E 

The following whole OCS lease 

blocks, are included within the 

Southeast section of the Call Area in 

Providence NK19–07: 6817, 6866, 6915, 

6916, 6919, 6965, 6966, 6967, 6968, 

6969, 6970, 6971, 7015, 7016, 7017, 

7018, 7019, 7020, 7021, 7064, 7065, 

7066, 7067, 7068, 7069, 7070, 7071, 

7114, 7115, 7116, and 7117. The 

following partial OCS lease blocks, are 

included within the Southeast section of 

the Call Area in Providence NK19–07: 

Block No. Sub block 

6766 ......... L,O,P 

6815 ......... P 

6816 ......... B,C,D,F,G,H,I,J,K,L,M,N,O,P 

6865 ......... C,D,F,G,H,J,K,L,M,N,O,P 

6867 ......... A,B,C,D,E,I,M 

6914 ......... D,G,H,K,L,O,P 

6917 ......... A,E,F,G,H,I,J,K,L,M,N,O,P 

6918 ......... B,C,D,E,F,G,H,I,J,K,L,M,N,O,P 

6964 ......... C,D,G,H,K,L,O,P 

7014 ......... C,D,G,H,J,K,L,N,O,P 

The boundary of the Call Area follows 

the points listed in the tables below for 

both the Northwest and Southeast 

sections of the Call Area in clockwise 

order. Point numbers 1 and 7 are the 

same in table 1 (Northwest section 

boundary) and point numbers 1 and 39 

are the same in table 2 (Southeast 

section boundary). Coordinates are 

provided in X, Y (eastings, northings) 

UTM Zone 19N, NAD 83 and geographic 

(longitude, latitude), NAD83. 

RHODE ISLAND CALL AREA—NORTHWEST SECTION BOUNDARY (TABLE 1) 

Point No. X (Easting) Y (Northing) Longitude Latitude 

1 ....................................................................................................... 308000 4574400 ¥71.293243 41.298222 

2 ....................................................................................................... 310400 4574400 ¥71.264599 41.298789 

3 ....................................................................................................... 310400 4573200 ¥71.264225 41.287989 

4 ....................................................................................................... 309200 4573200 ¥71.278545 41.287706 

5 ....................................................................................................... 309200 4572000 ¥71.278169 41.276905 

6 ....................................................................................................... 308000 4572000 ¥71.292486 41.276621 

7 ....................................................................................................... 308000 4574400 ¥71.293243 41.298222 

RHODE ISLAND CALL AREA—SOUTHEAST SECTION BOUNDARY (TABLE 2) 

Point No. X (Easting) Y (Northing) Longitude Latitude 

1 ....................................................................................................... 321200 4572000 ¥71.134986 41.279651 

2 ....................................................................................................... 322400 4572000 ¥71.120667 41.279915 

3 ....................................................................................................... 322400 4569600 ¥71.119968 41.258312 

4 ....................................................................................................... 327200 4569600 ¥71.062707 41.259352 

5 ....................................................................................................... 327200 4563600 ¥71.061010 41.205340 

6 ....................................................................................................... 323600 4563600 ¥71.103920 41.204564 

7 ....................................................................................................... 323600 4558800 ¥71.102537 41.161355 

8 ....................................................................................................... 328400 4558800 ¥71.045360 41.162385 

9 ....................................................................................................... 328400 4560000 ¥71.045696 41.173187 

10 ..................................................................................................... 336800 4560000 ¥70.945614 41.174922 

11 ..................................................................................................... 336800 4555200 ¥70.944336 41.131709 

12 ..................................................................................................... 346400 4555200 ¥70.830021 41.133582 

13 ..................................................................................................... 346400 4540800 ¥70.826429 41.003931 

14 ..................................................................................................... 327200 4540800 ¥71.054600 41.000088 

15 ..................................................................................................... 327200 4536000 ¥71.053259 40.956877 

16 ..................................................................................................... 308000 4536000 ¥71.281235 40.952589 

17 ..................................................................................................... 308000 4545600 ¥71.284217 41.039000 

18 ..................................................................................................... 309200 4545600 ¥71.269952 41.039282 

mstockstill on DSK4VPTVN1PROD with NOTICES

51388 Federal Register / Vol. 76, No. 160 / Thursday, August 18, 2011 / Notices 

RHODE ISLAND CALL AREA—SOUTHEAST SECTION BOUNDARY (TABLE 2)—Continued 

Point No. X (Easting) Y (Northing) Longitude Latitude 

19 ..................................................................................................... 309200 4548000 ¥71.270695 41.060884 

20 ..................................................................................................... 310400 4548000 ¥71.256424 41.061165 

21 ..................................................................................................... 310400 4558800 ¥71.259756 41.158376 

22 ..................................................................................................... 311600 4558800 ¥71.245465 41.158656 

23 ..................................................................................................... 311600 4560000 ¥71.245834 41.169457 

24 ..................................................................................................... 312800 4560000 ¥71.231539 41.169735 

25 ..................................................................................................... 312800 4561200 ¥71.231906 41.180536 

26 ..................................................................................................... 314000 4561200 ¥71.217609 41.180813 

27 ..................................................................................................... 314000 4563600 ¥71.218339 41.202416 

28 ..................................................................................................... 315200 4563600 ¥71.204037 41.202690 

29 ..................................................................................................... 315200 4564800 ¥71.204400 41.213492 

30 ..................................................................................................... 316400 4564800 ¥71.190096 41.213765 

31 ..................................................................................................... 316400 4566000 ¥71.190456 41.224566 

32 ..................................................................................................... 317600 4566000 ¥71.176149 41.224838 

33 ..................................................................................................... 317600 4567200 ¥71.176508 41.235639 

34 ..................................................................................................... 318800 4567200 ¥71.162198 41.235909 

35 ..................................................................................................... 318800 4569600 ¥71.162911 41.257512 

36 ..................................................................................................... 320000 4569600 ¥71.148597 41.257781 

37 ..................................................................................................... 320000 4570800 ¥71.148951 41.268582 

38 ..................................................................................................... 321200 4570800 ¥71.134634 41.268849 

39 ..................................................................................................... 321200 4572000 ¥71.134986 41.279651 

Map of the Call Area 

A map of the area can be found at the 

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

offshore/RenewableEnergy/ 

StateActivities-RhodeIsland.htm. 

A large-scale map of the Call Area 

showing boundaries of the area with 

numbered blocks is available from 

BOEMRE at the following address: 

Bureau of Ocean Energy Management, 

Regulation and Enforcement, Office of 

Offshore Alternative Energy Programs, 

381 Elden Street, Mail Stop 4090, 

Herndon, Virginia 20170, Phone: (703) 

787–1320. 

Development of the Call Area 

The Call Area was identified by 

BOEMRE in consultation with the State 

of Rhode Island and the Commonwealth 

of Massachusetts, and further delineated 

through consultation with the BOEMRE/ 

Rhode Island Renewable Energy Task 

Force and the BOEMRE/Massachusetts 

Renewable Energy Task Force. Specific 

mitigation, stipulations, or exclusion 

areas may be developed as a result of 

comments and information received in 

response to this Call, continued 

coordination with the BOEMRE/Rhode 

Island Renewable Energy Task Force 

and the BOEMRE/Massachusetts 

Renewable Energy Task Force, and the 

EA for which BOEMRE is concurrently 

issuing a NOI in the Federal Register, 

and consultations. Issues discussed 

through consultation with the BOEMRE/ 

Rhode Island Task Force and the 

BOEMRE/Massachusetts Renewable 

Energy Task Force and areas where sitespecific stipulations may be required are 

described below. 

Unsolicited Requests 

In October and November 2010, 

BOEMRE received two separate 

unsolicited requests, pursuant to 30 CFR 

285.230, for commercial leases for areas 

within the AMI that partially overlap 

geographically. Because the unsolicited 

lease requests identified areas within 

the AMI, BOEMRE organized a joint 

meeting with both the BOEMRE/Rhode 

Island and BOEMRE/Massachusetts 

Renewable Energy Task Forces to 

discuss the proposals on December 10, 

2010. 

The following whole OCS lease blocks 

were requested in an unsolicited 

commercial lease request by Deepwater 

Wind New England, LLC: In Providence 

NK19–07, blocks, 6815, 6816, 6817, 

6864, 6865, 6866, 6867, 6914, 6915, 

6970, 6971, 7014, 7015, 7016, 7017, 

7019, 7020, 7021, 7064, 7065, 7066, 

7067, 7068, 7069, 7070, 7071, 7114, 

7115, 7116, and 7117. 

The following whole OCS lease blocks 

were requested in an unsolicited 

commercial lease request by Neptune 

Wind, LLC: In Providence NK19–07, 

blocks, 6970, 6971, 7018, 7019, 7020, 

and 7021. 

Portions of the following OCS blocks 

submitted in Deepwater Wind New 

England, LLC’s unsolicited request have 

not been included within the Call Area: 

In Providence NK19–07: 

Block No. Sub block 

6815 ......... A,B,C,D,E,F,G,H,I,J,K,L,M,N,O 

6816 ......... A,E 

6864 ......... All sub blocks 

6865 ......... A,B,E,I 

6914 ......... A,B,C,E,F,I,J,M,N 

Block No. Sub block 

7014 ......... A,B,E,F,I,M 

Should Deepwater Wind New 

England, LLC wish to modify its 

proposal, it may do so pursuant to the 

section of this Call entitled ‘‘Required 

Nomination Information.’’ 

Charted Unexploded Ordnance 

BOEMRE is aware of unexploded 

ordnance, as indicated on the NOAA 

nautical chart, and has excluded the 

following OCS lease blocks that overlap: 

In Providence NK19–07: 

Block No. Sub block 

6867 ......... F,G,H,J,K,L,N,O,P 

6917 ......... B,C,D 

6918 ......... A 

Marine Fisheries and Habitats Within 

the Call Area 

The SAMP has identified portions of 

the Call Area as important for 

commercial and recreational fishing 

activities, as well as important marine 

fish habitat. Specifically, the area in the 

vicinity of Cox Ledge is identified in the 

SAMP as important for a range of 

commercial fishing activities, including 

scallop dredging, gillnetting, lobster 

trapping, bottom trawling and 

recreational activities. The area also 

contains complex marine habitats. 

Specific information on fishery 

resources, fishing activities and 

important marine habitats can be found 

in the Ocean SAMP Fisheries Chapter 

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

samp_ocean.html. 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 76, No. 160 / Thursday, August 18, 2011 / Notices 51389 

Data suggest that future development 

in and around Cox Ledge would 

potentially conflict with fishing 

activities and marine habitats. The 

National Marine Fisheries Service 

(NMFS) has expressed concern 

regarding impacts to these fishery 

resources that may result from potential 

future development. BOEMRE may 

exclude additional areas from further 

consideration for potential commercial 

wind energy leasing based on the 

information acquired in response to this 

Call and the results of the 

environmental review process 

conducted pursuant to NEPA, as 

described earlier in this notice. 

BOEMRE received several comments, 

in consultation with the joint BOEMRE 

Rhode Island and Massachusetts 

Renewable Energy Task Forces, on the 

development of this Call on commercial 

and recreational fishing activities and 

fish habitat within the Call Area. 

BOEMRE has included a summary of 

these comments for consideration by 

respondents preparing to submit an 

expression of interest in response to this 

Call. The following associations 

forwarded comments for consideration 

through consultation with the joint 

Rhode Island and Massachusetts 

Renewable Energy Task Forces: Atlantic 

Offshore Lobstermen’s Association, 

Eastern New England Scallop 

Association, Martha’s Vineyard/Dukes 

County Fishermen’s Association, Rhode 

Island Lobsterman’s Association, Rhode 

Island Party and Charter Boat 

Association, and Sakonnet Point 

Fishermen’s Association. BOEMRE has 

aggregated these comments and 

provided the following summary: 

The entire area included in this Call 

was identified as being important for 

commercial and recreational fishing and 

marine habitat for several species, 

including Atlantic blue fin tuna, black 

sea bass, cod, dogfish, groundfish 

species, lobster, monkfish, scup, sea 

scallops, large pelagic sharks, winter 

flounder, and yellowtail flounder. The 

following OCS blocks were requested to 

be removed from further consideration 

from the Call area, in Providence NK19– 

07: 6764, 6815, 6816, 6865, 6866, 6914, 

6915, 6916, 6964, 6966, 6967, 6968, 

6969, 6970, 6971, 7014, 7015, 7016, 

7017, 7018, 7019, 7020, 7021, 7064, 

7065, 7066, 7067, 7068, 7069, 7070, and 

7071. BOEMRE has identified these 

areas for consideration by respondents 

preparing to submit an expression of 

interest in response to this Call. 

Navigational Issues 

The U.S. Coast Guard (USCG) has 

provided the following information for 

consideration by respondents and other 

interested parties to this Call. The USCG 

has a responsibility to ensure the safety 

of navigation under the Ports and 

Waterways Safety Act (PWSA). The 

PWSA requires the USCG to provide 

safe access routes for the movement of 

vessel traffic proceeding to or from ports 

or places subject to the jurisdiction of 

the United States. This is accomplished 

through designation of necessary 

fairways and TSS for vessels operating 

in the territorial sea of the United States 

and in high sea approaches, outside the 

territorial sea. The USCG may also 

determine that establishment of other 

ships’ routing measures would enhance 

navigational safety, and it works with its 

Federal interagency and International 

Maritime Organization partners to 

establish these voluntary measures as 

necessary. 

The potential for navigational safety 

risk posed by building structures in the 

proximity of shipping is affected by 

numerous factors, including but not 

limited to: vessel size, vessel type, 

density of traffic, prevailing conditions, 

cumulative impacts of multiple 

obstructions (for example, wind 

assessment or development facilities), 

existence of multiple shipping routes 

(for example, crossing or meeting 

situations), radar/automatic radar 

plotting aid (ARPA) interference, and 

existence of mitigating factors such as 

navigational aids, vessel traffic services, 

or pilotage. 

Currently, there is no standard 

recommended separation distance 

between offshore renewable energy 

facilities and shipping routes. The 

USCG has reviewed guidance published 

by other countries such as the United 

Kingdom’s Maritime Guidance Note 

MGN–371 and consulted with its own 

waterways subject matter experts. 

Currently, the USCG considers that the 

placement of offshore wind assessment 

and generation facilities in any areas 

less than 1 nmi from traditional 

shipping routes poses a high risk to 

navigational safety and therefore does 

not recommend placement of offshore 

renewable energy facilities in such 

areas. The USCG considers placement of 

such wind facilities in areas greater than 

5 nmi from existing shipping routes to 

pose minimal risk to navigational safety. 

Areas considered for placement of wind 

facilities between 1 nmi and 5 nmi 

would require additional USCG analysis 

to determine if mitigation factors could 

be applied to bring navigational safety 

risk to within acceptable levels. 

Respondents to this Call should note 

that impacts to radar and ARPA still 

occur outside of 1 nmi and will have to 

be evaluated along with other potential 

impacts. The above are only planning 

guidelines and may be changed based 

on the completion of the Atlantic Coast 

Port Access Route Study (ACPARS) 

which is described below. In addition, 

these guidelines maybe further modified 

upon completion of a Navigational 

Safety Risk Assessment (NSRA) that 

may be required before BOEMRE 

approves construction of any offshore 

renewable energy facilities. 

The USCG is conducting an ACPARS 

to determine how best to route traffic on 

the Atlantic coast. (See Federal Register 

76 FR 27288; May 11, 2011). This study 

will better inform the USCG about the 

navigational safety risks, if any, 

associated with construction of offshore 

renewable energy facilities. The data 

gathered during this ACPARS may 

result in the establishment of new vessel 

routing measures, modification of 

existing routing measures, or removal of 

some existing routing measures off the 

Atlantic Coast from Maine to Florida. 

As a member of the BOEMRE Rhode 

Island and Massachusetts Renewable 

Energy Task Forces, the USCG 

conducted an evaluation, using the best 

available information, of the Rhode 

Island and Massachusetts Call Area. The 

USCG recommended OCS blocks 

(including sub-blocks) that, if 

developed, may have an unacceptable 

effect on navigational safety, and other 

OCS blocks (including sub-blocks) that 

would require further study to 

determine the potential effect that the 

installation of wind facilities in these 

blocks would have on navigation safety. 

In evaluating the practical effect of the 

OCS blocks that are the subject of this 

Call Area, the USCG applied the criteria 

described above and also conducted a 

review of other available information 

including: existing AIS data and user 

input; existing traffic patterns; and a 

literature review of material relevant to 

historical and current coastwise and 

international uses in the Call Area. In 

addition, the USCG considered the 

opinions and advice of USCG Subject 

Matter Experts (SMEs) and the ACPARS 

workgroup concerning waterways 

management, and the potential for 

modifications to existing routing 

measures and the creation of new 

routing measures in the area. 

The USCG has advised BOEMRE that, 

at this time, all blocks included in the 

Call may be considered for possible 

leasing and potential development. 

However, the USCG advises that all 

blocks included in the Call require 

further study and analysis related to 

existing traffic usage and patterns, as 

well as projected future traffic increases 

based on the development of adjacent 

and adjoining blocks, which will be 

accomplished during the development 

mstockstill on DSK4VPTVN1PROD with NOTICES

51390 Federal Register / Vol. 76, No. 160 / Thursday, August 18, 2011 / Notices 

of the ACPARS. Such an evaluation will 

help the USCG determine what, if any, 

risks exist, and whether USCG should 

recommend that BOEMRE remove any 

blocks included in the Call Area from 

consideration for leasing and potential 

development at a later stage in the 

leasing or plan approval process. This 

process will also allow the USCG to 

consider potential mitigation measures 

for blocks that are made available for 

leasing and potential development. 

Department of Defense (DOD) Activities 

The DOD conducts offshore testing, 

training, and operations on the OCS. 

BOEMRE will consult with the DOD on 

all areas nominated for leasing to ensure 

that any future development can be 

compatible with defense activities on 

the OCS. 

Telecommunications Cable 

BOEMRE received a request from 

Verizon to eliminate OCS blocks 7014, 

7064, 7065, 7115, and 6017 from 

consideration for potential future 

leasing due to the presence of the CB– 

1 (formerly Gemini) underwater 

telecommunications cable. BOEMRE has 

included this information for 

consideration by potential respondents 

to this Call. 

BOEMRE Approach to Exclusion 

Requests 

Several task force reviewers of the 

Rhode Island/Massachusetts Call have 

recommended areas to be excluded from 

consideration of potential leasing. As 

explained in the section of the Call 

entitled, ‘‘Purpose of the Call for 

Information and Nominations,’’ the 

inclusion of an area in the Call is not a 

decision to lease that area. It is a 

decision to solicit information from all 

interested and affected parties that 

BOEMRE can use in arriving at an 

ultimate decision on whether to offer 

the area for lease. The information the 

Call seeks relates to both renewable 

energy development interest and to 

other resources and uses. After 

considering the information it receives 

in response to the Call, BOEMRE may 

decide to exclude certain areas at the 

next step in the planning process—the 

Area Identification—or to include those 

areas for further consideration and 

analysis in the NEPA review. Please 

refer to the NOI that is concurrently 

published with this notice. Generally, 

BOEMRE’s approach is to analyze areas 

thoroughly with the goal of eliminating 

or reducing to an acceptable level any 

potential resource and use conflicts. 

However, if BOEMRE concludes that 

such conflicts cannot be properly 

mitigated, exclusions may be necessary. 

BOEMRE intends to make fully 

informed decisions on exclusions at the 

appropriate time in the lease planning 

process. 

The Rhode Island/Massachusetts Call 

includes areas in which competing uses 

have been identified by task force 

members. BOEMRE has highlighted in 

the Call two such uses: (1) Vessel traffic 

and (2) commercial fishing, for which 

we are requesting specific data and 

information to inform subsequent 

decisions. We will consider the 

information we receive from interested 

developers, maritime interests, 

commercial fishers, and others 

concerning these areas and uses in 

reaching an Area Identification and in 

planning the ensuing NEPA analysis. It 

is possible that certain geographic areas 

and associated mitigation measures 

could be framed as alternatives in the 

NEPA analysis to enable thorough and 

conclusive consideration by BOEMRE in 

its decisionmaking. 

Required Nomination Information 

If you intend to submit a nomination 

for a commercial wind energy lease 

within the Call Area to BOEMRE, you 

must provide the following: 

(1) The BOEMRE Protraction name, 

number, and specific whole or partial 

OCS blocks or sub-blocks within the 

Call Area that are of interest for 

commercial wind leasing, including any 

required buffer area. This information 

should be submitted as a spatial file 

compatible with ArcGIS 9.3 in a 

geographic coordinate system (NAD 83) 

in addition to your hard copy submittal. 

If your proposed lease area includes one 

or more partial blocks please describe 

those partial blocks in terms of a 

sixteenth (i.e., sub-block) of an OCS 

block. Note that any nomination 

identifying areas greater than what 

would be reasonably necessary to 

develop a commercial wind facility may 

not be considered as a valid nomination. 

BOEMRE will not consider any areas 

outside of the Call Area in this process; 

(2) A description of your objectives 

and the facilities that you would use to 

achieve those objectives including: A 

general description of devices and 

infrastructure you intend to use; 

anticipated power production and likely 

purchasers; a statement that the 

proposed activity conforms with state 

and local energy planning requirements, 

initiatives or guidance, as appropriate; 

(3) A preliminary schedule of 

proposed activities, including those 

leading to commercial operations; 

(4) Available and pertinent data and 

information concerning renewable 

energy resources and environmental 

conditions in the area you wish to lease, 

including energy and resource data and 

information used to evaluate the Call 

Area. Where applicable, spatial 

information should be submitted in a 

format compatible with ArcGIS 9.3 in a 

geographic coordinate system (NAD 83); 

(5) If available, identification of 

potential cable landfall sites, staging 

areas and any other support sites that 

may be necessary for your project; 

(6) If available, information regarding 

proposed land-side and near-shore 

project elements and their potential 

effects on historic and cultural 

resources; 

(7) Description of the compatibility of 

your project with commercial fishing 

activity (e.g., spacing between 

individual turbines, array 

configurations, cable burial depths, 

routing measures, inspections, cable 

configurations or consolidations, etc.) in 

this area; 

(8) Documentation demonstrating that 

you are legally qualified to hold a lease 

as set forth in 30 CFR 285.106 and 107. 

Examples of documentation appropriate 

for demonstrating your legal 

qualifications can be found in Chapter 

2 and Appendix B of the BOMRE 

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 any 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). 

(9) You must also include 

documentation demonstrating that you 

are technically and financially capable 

of constructing, operating, maintaining 

and decommissioning the facilities 

described in (2) above. Guidance 

regarding documentation appropriate 

for demonstrating your technical and 

financial qualifications can be found at: 

http://www.boemre.gov/offshore/ 

RenewableEnergy/ 

RegulatoryInformation.htm. 

Documentation you submit to 

demonstrate your legal, technical, and 

financial qualifications must be 

provided to BOEMRE in both paper and 

electronic formats. BOEMRE considers 

an Adobe PDF file stored on a compact 

disc (CD) to be an acceptable format for 

submitting an electronic copy; and 

(10) Information submitted previously 

in an unsolicited request need not be resubmitted in response to this Call unless 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 76, No. 160 / Thursday, August 18, 2011 / Notices 51391 

the applicant wishes to modify its 

nomination. 

It is critical that you submit a 

complete nomination so that BOEMRE 

may evaluate your submission in a 

timely manner. If BOEMRE reviews 

your nomination and determines that it 

is incomplete, BOEMRE will inform you 

of this determination in writing. This 

letter will describe the information that 

BOEMRE determined to be missing from 

your nomination, and indicate the 

information that you must submit in 

order for BOEMRE to deem your 

submission complete. You will be given 

15 business days from the date of the 

letter to submit the information that 

BOEMRE found to be missing from your 

original submission. If you do not meet 

this deadline, or if BOEMRE determines 

this second submission to be 

insufficient, then BOEMRE may deem 

your nomination invalid. In such a case, 

BOEMRE would not move forward with 

your nomination submitted in response 

to this Call. 

Requested Information From Interested 

or Affected Parties 

BOEMRE is requesting from the 

public and other interested or affected 

parties specific and detailed comments 

regarding the following conditions in 

the area identified: 

(1) Geological and geophysical 

conditions (including bottom and 

shallow hazards); 

(2) Known archaeological and/or 

cultural resource sites on the seabed or 

nearshore and methodologies used to 

acquire that data; 

(3) Historic properties potentially 

affected by the construction of 

meteorological towers, the installation 

of meteorological buoys, or commercial 

wind development in the area identified 

in this Call; 

(4) Multiple uses of the area, 

including navigation (in particular, 

commercial and recreational vessel use), 

recreation, and fisheries (commercial 

and recreational); and 

(5) Other relevant socioeconomic, 

biological, and environmental 

information. 

Protection of Privileged or Confidential 

Information 

Freedom of Information Act 

BOEMRE 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 

BOEMRE treat it as confidential. 

BOEMRE 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, BOEMRE will not treat as 

confidential any aggregate summaries of 

such information or comments not 

containing such information. 

Additionally, BOEMRE will not treat as 

confidential (1) the legal title of the 

nominating entity (for example, the 

name of your company), or (2) the list 

of whole or partial blocks that you are 

nominating. Information that is not 

labeled as privileged or confidential will 

be regarded by BOEMRE as suitable for 

public release. 

Section 304 of the National Historic 

Preservation Act (16 U.S.C. 470w–3(a)) 

BOEMRE 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: August 1, 2011. 

Michael R. Bromwich, 

Director, Bureau of Ocean Energy 

Management, Regulation and Enforcement. 

[FR Doc. 2011–21136 Filed 8–17–11; 8:45 am] 

BILLING CODE 4310–MR–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Ocean Energy Management, 

Regulation and Enforcement 

[Docket No. BOEM–2011–0063] 

Commercial Wind Lease Issuance and 

Site Characterization Activities on the 

Atlantic Outer Continental Shelf (OCS) 

Offshore Rhode Island and 

Massachusetts 

AGENCY: Bureau of Ocean Energy 

Management, Regulation and 

Enforcement (BOEMRE), Interior. 

ACTION: Notice of Intent to Prepare an 

Environmental Assessment. 

SUMMARY: This notice is being published 

as an initial step for the purpose of 

involving Federal agencies, states, 

tribes, local government, offshore wind 

energy developers, and the public in the 

Department of the Interior’s (DOI) 

‘‘Smart from the Start’’ wind energy 

initiative. The purpose of the ‘‘Smart 

from the Start’’ wind energy initiative is 

to identify areas that may be most 

suitable for wind energy leasing on the 

OCS, and to obtain public and expert 

input that will inform the Department’s 

decisionmaking with regard to issuing 

leases and approving site assessment 

activities in these areas, in accordance 

with the DOI and the Council on 

Environmental Quality (CEQ) 

regulations implementing the provisions 

of the National Environmental Policy 

Act (NEPA) of 1969 as amended (42 

U.S.C. 4321 et seq.). On November 23, 

2010, Secretary of the Interior Ken 

Salazar announced the ‘‘Smart from the 

Start’’ renewable energy initiative to 

accelerate the responsible development 

of renewable energy resources on the 

Atlantic OCS. The initiative focuses on 

the identification and refinement of 

areas on the OCS that are most suitable 

for renewable energy development 

(Wind Energy Areas (WEAs)), and 

utilizes coordinated environmental 

studies, large-scale planning processes, 

and expedited review processes within 

these areas to achieve an efficient and 

responsible renewable energy leasing 

process. 

In consultation with other Federal 

agencies and the Rhode Island and 

Massachusetts Renewable Energy Task 

Forces, BOEMRE has identified an area 

for consideration for potential future 

wind energy leasing. This area, offshore 

Rhode Island and Massachusetts, is 

identified in the Commercial Leasing for 

Wind Power on the Outer Continental 

Shelf (OCS) Offshore Rhode Island and 

Massachusetts-Call for Information and 

Nominations (Call), which is being 

published concurrently with this notice. 

The area identified in the Call and this 

notice is located within the Area of 

Mutual Interest (AMI), as described by 

a Memorandum of Understanding 

(MOU) between the Governors of Rhode 

Island and Massachusetts. 

More information on the task forces 

and the ‘‘Smart from the Start’’ initiative 

can be found at: http:// 

www.boemre.gov/offshore/ 

RenewableEnergy/ 

StateActivitiesProjects.htm and http:// 

www.doi.gov/news/pressreleases/ 

Salazar-Launches-Smart-from-the-StartInitiative-to-Speed-Offshore-WindEnergy-Development-off-the-AtlanticCoast.cfm. 

BOEMRE intends to prepare an 

environmental assessment (EA), which 

will consider the environmental 

consequences associated with issuing 

commercial wind leases and approving 

site assessment activities on those leases 

(within all or some of this Call Area). 

The EA will not analyze or support 

mstockstill on DSK4VPTVN1PROD with NOTICES