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[Federal Register Volume 79, Number 56 (Monday, March 24, 2014)]
[Notices]
[Pages 16050-16053]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06295]

[[Page 16050]]

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DEPARTMENT OF THE INTERIOR

Bureau of Ocean Energy Management

[Docket No. BOEM-2013-0090; MMAA104000]

Potential Marine Hydrokinetic (MHK) Research Lease on the Outer 
Continental Shelf (OCS) Offshore Oregon; Request for Competitive 
Interest

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

ACTION: Public Notice of an Unsolicited Request for an OCS Renewable 
Energy Research Lease, Request for Competitive Interest (RFCI), 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 the Northwest National Marine Renewable 
Energy Center at Oregon State University (NNMREC-OSU) to acquire an OCS 
lease for MHK research activities; (2) solicit submissions of 
indications of interest in obtaining a renewable energy lease for MHK 
research or commercial activities on the OCS offshore Oregon in the 
area described in this notice; and (3) solicit public input regarding 
the area described in this notice, the potential environmental 
consequences of MHK energy development in the area, and multiple uses 
of the area.
    On June 17, 2013, BOEM received an unsolicited request from NNMREC-
OSU for an MHK OCS research lease offshore Oregon. The objective of 
NNMREC-OSU is to obtain a lease under 30 CFR 585.238 for renewable 
energy research activities, including MHK device installation and 
operational testing and the installation of monitoring equipment. The 
purpose of NNMREC-OSU's proposed project, the ``Pacific Marine Energy 
Center--South Energy Test Site,'' is to design, develop and demonstrate 
a grid-connected MHK research facility on the OCS approximately five 
nautical miles (nmi) southwest of Newport, Oregon. The project would 
consist of four test sites (or berths), with each test berth capable of 
testing single or multiple MHK devices and equipped with its own subsea 
cable to transmit energy, as well as performance and environmental 
data, from the test berth to an onshore control center. Each of the 
test berth electrical cables would connect at a single submerged point, 
with a single transmission export cable capable of transmitting up to 
10 megawatts (MW) of electricity to the mainland. The export cable 
would cross the OCS and state submerged lands. Additional information 
on NNMREC-OSU's unsolicited lease request can be viewed at: 
www.boem.gov/Oregon.
    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 585.238. Subsection 8(p)(3) of the OCS Lands Act requires that OCS 
renewable energy leases, easements and rights-of-way be issued ``on a 
competitive basis unless the Secretary determines after public notice 
of a proposed lease, easement, or right-of-way that there is no 
competitive interest.'' 30 CFR 585.238(c) states that BOEM may issue 
research leases if ``no competitive interest exists''. This RFCI 
provides such public notice for the proposed lease area requested by 
NNMREC-OSU and invites the submission of indications of interest. BOEM 
is soliciting submissions of interest for MHK energy development only 
with this notice. BOEM will consider the responses to this public 
notice to determine whether competitive interest exists for the area 
requested by NNMREC-OSU, as required by 43 U.S.C. 1337(p)(3). Parties 
wishing to obtain a lease for MHK development for the area described 
herein under ``Description of the Proposed Lease Area'' should submit 
detailed and specific information as described in the section entitled, 
``Required Indication of Interest Information.''
    BOEM has jurisdiction to issue leases on the OCS for MHK projects 
under subsection 8(p) of the OCS Lands Act (43 U.S.C. 13376(p)), and 
the Federal Energy Regulatory Commission (FERC) has jurisdiction to 
issue licenses under Part I of the Federal Power Act (FPA), 16 U.S.C. 
792-823A (2006) for the construction and operation of hydrokinetic 
projects on the OCS.
    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 potential impacts. 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 an 
MHK lease for the proposed lease area, your submission must be sent by 
mail, postmarked no later than April 23, 2014 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 interested in submitting an 
indication of interest in a lease, please submit it by mail to the 
following address: Bureau of Ocean Energy Management, Pacific OCS 
Region, Office of Strategic Resources, 770 Paseo Camarillo, Second 
Floor, Camarillo, California, 93010. Submissions must be postmarked by 
April 23, 2014 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; BOEM considers an Adobe PDF file stored on 
a compact disc (CD) to be an acceptable format for submitting an 
electronic copy. BOEM will list the parties submitting indications of 
interest on the BOEM Web site after the 30-day comment period has 
closed.
    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-2013-0090, 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, Pacific OCS 
Region, Office of Strategic Resources, 770 Paseo Camarillo, Second 
Floor, Camarillo, California, 93010.
    If you wish to protect the confidentiality of your submissions or 
comments, clearly mark the relevant sections and request BOEM treat 
them as confidential. Please label privileged or confidential 
information ``Contains Privileged or 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 www.regulations.gov unless labeled as 
privileged or 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. Jean Thurston, Renewable Energy 
Program Specialist, BOEM, Pacific OCS Region, Office of Strategic 
Resources,

[[Page 16051]]

770 Paseo Camarillo, Second Floor, Camarillo, California 93010, Phone: 
(805) 389-7585.

SUPPLEMENTARY INFORMATION: 

Purpose of This RFCI

    Responses to this public notice will allow BOEM to determine 
whether there is competitive interest in acquiring an OCS MHK lease in 
the proposed lease area. In addition, this notice provides an 
opportunity for interested stakeholders to comment on the proposed 
lease area, the proposed project and any potential impacts MHK energy 
development may have in the area. BOEM may use comments received to 
further identify and refine the area requested and inform future 
environmental analyses related to the project.

Determination of Competitive Interest and Leasing Process

    After the publication of this announcement, BOEM will evaluate 
indications of competitive interest in acquiring an MHK lease in the 
proposed lease area. At the conclusion of the comment period for this 
public notice, BOEM will review the submissions received and undertake 
a completeness review for each of those submissions and a 
qualifications review for each of the nominating entities. BOEM will 
then 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 a determination of no competitive 
interest in the Federal Register. At that point, BOEM may decide to 
proceed with the noncompetitive lease issuance process for a research 
lease pursuant to 30 CFR 585.238. If BOEM determines that there is 
competitive interest, then it may move forward with the leasing process 
outlined in 30 CFR 585.211.
    Whether following competitive or non-competitive procedures, 
NNMREC-OSU would need to submit any required plan(s) to BOEM and an 
application for a license to FERC. BOEM would consult with the BOEM 
Oregon Intergovernmental Renewable Energy Task Force and comply with 
all applicable requirements before making a decision whether or not to 
issue a lease. BOEM would coordinate and consult, as appropriate, with 
FERC and other relevant federal agencies, affected tribes, affected 
state agencies and affected local governments during the lease issuance 
process.

Description of the Proposed Research Lease Area

    The proposed research lease area is located off the coast of 
Oregon, beginning approximately 5 nmi southwest of Newport, Oregon. 
From its most northwest point (Point number 27, Table 2) the area 
extends approximately 5.18 nmi south and 5.18 nmi east. The project 
area consists of two full OCS blocks and two partial OCS blocks. The 
entire area is approximately 33 square miles (20,994 acres or 8496 
hectares). The project footprint is anticipated to be smaller than the 
area described in this RFCI. BOEM may remove any lease blocks, or sub-
blocks, from the area prior to issuing a lease if it is larger than 
needed to develop the project. The table below describes the OCS lease 
blocks and sub-blocks included within the area of interest.

                  Table 1--List of OCS Blocks Included in the Request for Competitive Interest
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                                                    Protraction     Block
                Protraction name                      number        number                Sub block
----------------------------------------------------------------------------------------------------------------
Newport Valley..................................        NL 10-10       6481  A,B,C,D,E,F,G,H,I,J,K,L,M,N,O,P.
Newport Valley..................................        NL 10-10       6531  A,B,C,D,E,F,G,H,I,J,K,L,M,N,O,P.
Salem...........................................        NL 10-11       6451  A,B,C,E,F,G,H,I,J,K,L,M,N,O,P.
Salem...........................................        NL 10-11       6501  A,B,C,D,E,F,G,I,J,K,M,N.
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    The boundary of the proposed lease area follows the points listed 
in Table 2 in clockwise order. Point numbers 1 and 35 are the same. 
Coordinates are provided in X, Y (eastings, northings) UTM Zone 10N, 
NAD 83 and geographic (latitude, longitude), NAD 83.

Table 2--List of Boundary Points Included in the Request for Competitive
                                Interest
------------------------------------------------------------------------
  Point
 number     X (Easting)    Y (Northing)      Latitude        Longitude
------------------------------------------------------------------------
       1          407600         4939200       44.600214     -124.164292
       2          407600         4938000       44.589413     -124.164076
       3          408800         4938000       44.589566     -124.148961
       4          408800         4936800       44.578765     -124.148749
       5          408800         4935600       44.567964     -124.148536
       6          408800         4934400       44.557163     -124.148324
       7          408800         4933200       44.546362     -124.148111
       8          407600         4933200       44.546209     -124.163215
       9          407600         4932000       44.535408     -124.163000
      10          407600         4930800       44.524607     -124.162785
      11          406400         4930800       44.524452     -124.177883
      12          406400         4929600       44.513652     -124.177665
      13          405200         4929600       44.513495     -124.192760
      14          404000         4929600       44.513336     -124.207855
      15          402800         4929600       44.513176     -124.222950
      16          402015         4929600       44.513069     -124.232819
      17          401600         4929600       44.513013     -124.238044
      18          400400         4929600       44.512848     -124.253139
      19          399200         4929600       44.512682     -124.268233
      20          399200         4929600       44.523482     -124.268468
      21          399200         4930800       44.534283     -124.268702
      22          399200         4932000       44.545083     -124.268937
      23          399200         4933200       44.555884     -124.269172

[[Page 16052]]

 
      24          399200         4934400       44.566684     -124.269406
      25          399200         4935600       44.577485     -124.269641
      26          399200         4936800       44.588285     -124.269877
      27          399200         4938000       44.599086     -124.270112
      28          400400         4939200       44.599253     -124.254995
      29          401600         4939200       44.599418     -124.239878
      30          402800         4939200       44.599581     -124.224761
      31          403847         4939200       44.599722     -124.211568
      32          404000         4939200       44.599742     -124.209644
      33          405200         4939200       44.599901     -124.194527
      34          406400         4939200       44.600058     -124.179409
      35          407600         4939200       44.600214     -124.164292
------------------------------------------------------------------------

Map of the Area

    A map of the area proposed by NNMREC-OSU and included in this RFCI 
can be found at the following URL: www.boem.gov/Oregon. 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, Pacific OCS Region, Office of Strategic 
Resources, 770 Paseo Camarillo, Second Floor, Camarillo, California, 
93010.

Department of Defense Activities and Stipulations

    The Department of Defense (DOD) conducts offshore testing, training 
and operations on the OCS and may request that BOEM condition 
activities that might take place in the proposed lease area. BOEM will 
consult with DOD regarding potential issues concerning offshore 
testing, training and operational activities, and will develop any 
necessary stipulations to mitigate the potential effects of renewable 
energy activities on DOD activities in the proposed lease area.

Required Indication of Interest Information

    If you intend to submit an indication of interest in an MHK lease 
for the area identified in this notice, you must provide the following:
    (1) A statement that you wish to acquire an MHK lease within the 
proposed lease area. For BOEM to consider your indication of interest, 
it must include a proposal for the installation of one or more MHK 
devices within the proposed lease area. Any request for an MHK lease 
located outside of the proposed lease area should be submitted 
separately pursuant to 30 CFR 585.230 or 30 CFR 585.238;
    (2) A general description of your objectives and the facilities 
that you would use to achieve those objectives;
    (3) A general schedule of proposed activities, including those 
leading to commercial operations, as applicable;
    (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 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 Minerals Management Service 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 any part of your legal qualification documentation 
to 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 your submission. 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 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) above, 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 interest 
so that BOEM may consider your submission in a timely manner. If BOEM 
reviews your submission and determines it is incomplete, BOEM will 
inform you of this determination in writing and describe the 
information BOEM needs from you 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 requested information. 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 seabed 
conditions and shallow hazards) in the area described in this notice;
    (2) Historic properties, archaeological, historic and/or cultural 
resources potentially affected by the development of the area 
identified in this notice;
    (3) Other uses of the area described in this notice, including 
navigation (commercial and recreational vessel usage) and commercial 
and recreational fishing; recreational activities (e.g., wildlife 
viewing and scenic areas), scientific research and utilities and 
communications infrastructure (e.g., undersea cables);

[[Page 16053]]

    (4) Other relevant environmental information, including but not 
limited to: protected species and habitats, marine mammals, sea 
turtles, birds and fish; and
    (5) Socioeconomic information, such as demographics and employment, 
or information relevant to environmental justice considerations.

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

    Dated: March 13, 2014.
Tommy P. Beaudreau,
Director, Bureau of Ocean Energy Management.
[FR Doc. 2014-06295 Filed 3-21-14; 8:45 am]
BILLING CODE 4310-MR-P
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