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[Federal Register Volume 77, Number 155 (Friday, August 10, 2012)]
[Notices]
[Pages 47877-47880]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-19593]

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DEPARTMENT OF THE INTERIOR

Bureau of Ocean Energy Management

[Docket No. BOEM-2012-0003]

Potential Commercial Leasing for Wind Power on the Outer 
Continental Shelf (OCS) Offshore Maine; Request for Interest

AGENCY: Bureau of Ocean Energy Management (BOEM), Interior.

ACTION: Public Notice of an Unsolicited Request for a Commercial OCS 
Wind Lease, Request for Interest, and Request for Public Comment

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SUMMARY: The purpose of this public notice is to: (1) Describe the 
proposal submitted to BOEM by Statoil North America (Statoil NA) to 
acquire an OCS wind lease; (2) solicit public input regarding the 
proposal, its potential environmental consequences, and the use of the 
area in which the proposed project would be located; and (3) solicit 
submissions of indications of competitive interest for a commercial 
lease for wind energy development on the OCS off the coast of Maine for 
the area identified in this notice.
    On October 12, 2011, BOEM received an unsolicited request from 
Statoil NA for a commercial wind lease on the OCS offshore Maine. 
Statoil NA's proposed project, ``Hywind Maine,'' would consist of four 
3-megawatt (MW) wind turbine generators (WTG) configured for a total of 
12-MW in water depths greater than 100 meters and be located

[[Page 47878]]

approximately 12 nautical miles (nmi) off the coast of Maine. The 
objective of the proposed Hywind Maine Project is to demonstrate the 
commercial potential of the existing floating offshore Hywind 
technology, while responding to a corresponding Request for Proposals 
(RFP) issued by the Maine Public Utilities Commission.
    This request for interest 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 585.231(b). Subsection 8(p)(3) of the OCS 
Lands Act requires that OCS renewable energy leases, easements, and 
rights-of-way (ROWs) be issued ``on a competitive basis unless the 
Secretary determines after public notice of a proposed lease, easement, 
or right-of-way that there is no competitive interest.'' This request 
for interest provides such public notice for the proposed lease area 
requested by Statoil NA 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 Statoil NA, as required by 43 U.S.C. 1337(p)(3). Parties 
wishing to obtain a lease for the area requested by Statoil NA 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 
multiple uses within the area identified in this notice that would be 
relevant to the proposed project or its impacts. BOEM separately 
published a Notice of Intent (NOI) to prepare an environmental impact 
statement (EIS) concurrently with this request for interest. The NOI 
starts the scoping process for the EIS under 40 CFR 1501.7, and 
solicits information regarding important environmental issues, 
alternatives, and mitigation that should be considered in the EIS. A 
detailed description of the proposed lease area can be found in the 
section of this notice entitled ``Description of the Area.''

DATES: If you are submitting an indication of interest in acquiring a 
lease for the area proposed by Statoil NA, your submission must be sent 
by mail, postmarked no later than October 9, 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 lease or comments, please submit them 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 October 9, 
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 (CD). BOEM will list the 
parties that submit indications of competitive interest on the BOEM Web 
site after the 60-day comment period has closed.
    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.
    If you are submitting comments and other information concerning the 
proposed lease area, you may use either of the following two methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. In the 
entry entitled ``Enter Keyword or ID,'' enter BOEM-2012-0003, 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.

FOR FURTHER INFORMATION CONTACT: Ms. Aditi Mirani, Renewable Energy 
Program Specialist, BOEM, Office of Renewable Energy Programs, 381 
Elden Street, HM 1328, Herndon, Virginia 20170, (703) 787-1320.

SUPPLEMENTARY INFORMATION: 

Purpose of the Request for Interest

    Responses to this public notice will allow BOEM to determine, 
pursuant to 30 CFR 585.231, whether or not there is competitive 
interest in acquiring an OCS commercial wind lease in the area 
requested by Statoil NA. In addition, this notice provides an 
opportunity for interested stakeholders to comment on the proposed 
lease area and the proposed Hywind Maine project and any potential 
impacts the project may have.
    If, in response to this notice, BOEM receives one or more 
indications of competitive interest for offshore wind energy 
development from qualified entities that wish to compete for the 
proposed lease area, it may decide to move forward with the lease 
issuance process using competitive procedures pursuant to 30 CFR part 
585. However, if BOEM receives no competing indications of interest, 
BOEM may decide to move forward with the lease issuance process using 
the non-competitive procedures contained in 30 CFR part 585.
    Should BOEM decide to proceed with issuing a lease in the proposed 
lease area, whether competitively or non-competitively, it may provide 
the public with additional opportunities to provide input pursuant to 
30 CFR Part 585 and applicable laws, such as the National Environmental 
Policy Act (NEPA). The BOEM competitive and noncompetitive leasing 
processes are outlined in 30 CFR 585, subpart B.

Determination of Competitive Interest and Leasing Process

    After the publication of this announcement, BOEM will evaluate 
indications of competitive interest for the area requested by Statoil 
NA for acquiring a commercial lease on the OCS. At the conclusion of 
the comment period for this public notice, BOEM will review the 
submissions received, undertake a completeness review for those 
submissions and qualifications review of the nominating entities, and 
make a determination as to whether competitive interest exists.
    If BOEM determines that there is no competitive interest in the 
proposed lease 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 lease issuance process pursuant to 30 
CFR 585.231, and Statoil NA would be required to submit any required 
plan(s). Whether following competitive or non-competitive procedures, 
BOEM will consult with the intergovernmental Task Force and will

[[Page 47879]]

comply with all applicable requirements before making a decision on 
whether or not to issue a lease and approve, disapprove, or approve 
with modifications any associated plan(s). BOEM would coordinate and 
consult, as appropriate, with relevant Federal agencies, affected 
tribes, and affected state and local governments, in issuing a lease 
and developing lease terms and conditions. Information on the 
environmental review process can be found at: http://www.boem.gov/Renewable-Energy-Program/State-Activities/Maine.aspx. See link entitled 
``Environmental Review Process.''

Description of the Proposed Lease Area

    The proposed lease area consists of four partial OCS blocks. 
Following are the OCS lease blocks in Statoil NA's lease application: 
Official Protraction Diagram--NK 19-02 Bath; blocks 6461, 6462, 6511 
and 6512. The table below describes the OCS lease sub-blocks included 
within the area of interest.

                         List of OCS Blocks Included in the Statoil NA Lease Application
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           Protraction name                Protraction No.             Block No.                Sub block
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Bath.................................  NK 19-02...............  6461...................  I, J, K, L, M, N, O, P
Bath.................................  NK 19-02...............  6462...................  E, F, G, H, I, J, K, L,
                                                                                          M, N, O, P
Bath.................................  NK 19-02...............  6511...................  A, B, C, D, E, F, G, H,
                                                                                          I, J, K, L
Bath.................................  NK 19-02...............  6512...................  A, B, C, D, E, F, G, H
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    The northern edge of Statoil NA's proposed area is approximately 18 
nmi from Boothbay Harbor. The longest measurement of the north/south 
portion is approximately 3.9 nmi in length and the longest portion of 
the east/west portion is approximately 5.2 nmi in length. The entire 
area is approximately 5,760 hectares, 14,233 acres, or 22.2 square 
miles. The boundary of the proposed lease area follows the points 
listed in the table below in clockwise order. Point numbers 1 and 9 are 
the same. Coordinates are provided in X, Y (eastings, northings) UTM 
Zone 19N, NAD 83 and geographic (longitude, latitude), NAD83.

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                Point No.                    X (easting)      Y (northing)        Longitude         Latitude
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1.......................................            452000           4821600        -69.594183         43.545806
2.......................................            456800           4821600        -69.534767         43.546099
3.......................................            456800           4822800        -69.534862         43.556904
4.......................................            461600           4822800        -69.475435         43.557167
5.......................................            461600           4816800        -69.475011         43.503143
6.......................................            456800           4816800        -69.534385         43.502881
7.......................................            456800           4815600        -69.534290         43.492076
8.......................................            452000           4815600        -69.593653         43.491783
9.......................................            452000           4821600        -69.594183         43.545806
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Map of the Area

    A map of the area proposed by Statoil NA and the area included in 
this notice can be found at the following URL: http://www.boem.gov/Renewable-Energy-Program/State-Activities/Maine.aspx.
    The non-confidential section of the application may be downloaded 
from the Web site. A large scale map of the proposed lease area showing 
boundaries of the area with the numbered blocks is available from BOEM 
at the following address: Bureau of Ocean Energy Management, Office of 
Renewable Energy Programs, 381 Elden Street, HM 1328, Herndon, Virginia 
20170, Phone: (703) 787-1320, Fax: (703) 787-1708.

Required Indication of Interest Information

    If you intend to submit an indication of competitive interest for a 
lease for the area identified in this notice you must provide the 
following:
    (1) A statement that you wish to acquire a commercial wind lease 
for the proposed lease area (i.e., the entire area as described above). 
BOEM will not consider indications of interest valid if they cover less 
than the entire proposed lease area or describe any areas outside of 
the proposed lease area in this process. Any request for a commercial 
wind lease located outside of the proposed lease area should be 
submitted separately pursuant to 30 CFR 585.230;
    (2) A description of your objectives and the facilities that you 
would use to achieve those objectives;
    (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 
that you wish to lease, including energy and resource data and 
information used to evaluate the area of interest. Where applicable, 
spatial information should be submitted in a format compatible with 
ArcGIS 9.3 in a geographic coordinate system (NAD 83);
    (5) Documentation demonstrating that you are legally qualified to 
hold a lease as set forth in 30 CFR 585.106 and .107. Examples of the 
documentation appropriate for demonstrating your legal qualifications 
and related guidance can be found in Chapter 2 and Appendix B of the 
Guidelines for the Renewable Energy Framework available at: http://www.boem.gov/Renewable-Energy-Program/Regulatory-Information/Index.aspx. 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); and
    (6) Documentation demonstrating that you are technically and 
financially capable of constructing, operating, maintaining and 
decommissioning the facilities described in (2). Guidance regarding the 
documentation that could be used to demonstrate your technical and 
financial qualifications can be found at: http://www.boem.gov/Renewable-Energy-Program/Regulatory-Information/Index.aspx. If you wish

[[Page 47880]]

that any part of your technical and financial 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).
    Your complete submission, including the items identified in (1) 
through (6) must be provided to BOEM in both paper and electronic 
formats. BOEM considers an Adobe PDF file stored on a 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 may 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) 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 notice;
    (3) Multiple uses of the area described in this notice, including 
navigation (in particular, commercial and vessel usage, recreation, and 
commercial and recreational fisheries). During the public information 
session following the December 8, 2011, Task Force meeting, several 
representatives of commercial and recreational fishing interests 
commented on potential impacts to fishing, and BOEM invites additional 
comments on this important ocean use as it relates to the proposed 
lease area;
    (4) Other relevant environmental (e.g. fishery, protected species 
and habitat) and socioeconomic information such as archeological 
resources, recreational resources, and demographics and employment.

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. 
Information that is not labeled as privileged or confidential will be 
regarded by BOEM as suitable for public release.

Section 304 of the National Historic Preservation Act (16 U.S.C. 470w-
3(a))

    BOEM is required, after consultation with the Secretary, to 
withhold the location, character, or ownership of historic resources if 
it determines that disclosure may, among other things, cause a 
significant invasion of privacy, risk harm to the historic resources or 
impede the use of a traditional religious site by practitioners. Tribal 
entities and other interested parties should designate information that 
they wish to be held as confidential.

    Dated: August 1, 2012.
Tommy P. Beaudreau,
Director, Bureau of Ocean Energy Management.
[FR Doc. 2012-19593 Filed 8-9-12; 8:45 am]
BILLING CODE 4310-VH-P
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