45558 Federal Register / Vol. 78, No. 145 / Monday, July 29, 2013 / Notices 

FOR FURTHER INFORMATION CONTACT: For 

more information on the ROD, you may 

contact Mr. Gary D. Goeke, Bureau of 

Ocean Energy Management, Gulf of 

Mexico OCS Region, 1201 Elmwood 

Park Boulevard (GM 623E), New 

Orleans, Louisiana 70123–2394. You 

may also contact Mr. Goeke by 

telephone at (504) 736–3233. 

Authority: This NOA is published 

pursuant to the regulations (40 CFR 1506) 

implementing the provisions of the NEPA of 

1969, as amended (42 U.S.C. 4321 et seq. 

[1988]). 

Dated: July 17, 2013. 

Tommy P. Beaudreau, 

Director, Bureau of Ocean Energy 

Management. 

[FR Doc. 2013–18173 Filed 7–26–13; 8:45 am] 

BILLING CODE 4310–MR–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Ocean Energy Management 

Western Gulf of Mexico Planning Area 

(WPA) Outer Continental Shelf (OCS) 

Oil and Gas Lease Sale 233 (WPA Sale 

233); MMAA104000 

AGENCY: Bureau of Ocean Energy 

Management, Interior. 

ACTION: Final Notice of Sale. 

SUMMARY: On Wednesday, August 28, 

2013, BOEM will open and publicly 

announce bids received for blocks 

offered in WPA Sale 233, in accordance 

with the provisions of the OCS Lands 

Act (OCSLA, 43 U.S.C. 1331–1356a, as 

amended) and the implementing 

regulations issued pursuant to OCSLA 

(30 CFR parts 550 and 556). The WPA 

233 Final Notice of Sale (NOS) package 

(Final NOS Package) contains 

information essential to potential 

bidders, and bidders are charged with 

knowing the contents of the documents 

contained in the Final NOS Package. 

The Final NOS Package is available at 

the address and Web site below. 

DATES: Public bid reading for WPA Sale 

233 will begin at 9:00 a.m., Wednesday, 

August 28, 2013, at the Mercedes-Benz 

Superdome, 1500 Sugarbowl Drive, New 

Orleans, Louisiana 70112. The lease sale 

will be held in the St. Charles Club 

Room on the second floor (Loge Level). 

Entry to the Superdome will be on the 

Poydras Street side of the building 

through Gate A on the Ground Level; 

parking will be available at Garage 6. All 

times referred to in this document are 

local New Orleans times, unless 

otherwise specified. 

Bid Submission Deadline: BOEM 

must receive all sealed bids between 

8:00 a.m. and 4:00 p.m. on normal 

working days, and from 8:00 a.m. to the 

Bid Submission Deadline of 10:00 a.m. 

on Tuesday, August 27, 2013, the day 

before the lease sale. For more 

information on bid submission, see 

Section VII, ‘‘Bidding Instructions,’’ of 

this document. 

ADDRESSES: Interested parties can obtain 

a Final NOS Package by contacting the 

Gulf of Mexico (GOM) Region at: Gulf of 

Mexico Region Public Information 

Office, Bureau of Ocean Energy 

Management, 1201 Elmwood Park 

Boulevard, New Orleans, Louisiana 

70123–2394, (504) 736–2519 or (800) 

200–GULF, or by visiting the BOEM 

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

About-BOEM/BOEM-Regions/Gulf-ofMexico-Region/Index.aspx. 

Table of Contents 

This Final NOS includes the 

following sections: 

I. Lease Sale Area 

II. Statutes and Regulations 

III. Lease Terms and Economic Conditions 

IV. Lease Stipulations 

V. Information to Lessees 

VI. Maps 

VII. Bidding Instructions 

VIII. Bidding Rules and Restrictions 

IX. Forms 

X. The Lease Sale 

XI. Delay of Sale 

I. Lease Sale Area 

Areas Offered for Leasing 

In WPA Sale 233, BOEM is offering to 

lease all blocks and partial blocks listed 

in the document ‘‘List of Blocks 

Available for Leasing’’ included in the 

Final NOS Package. All of these blocks 

are shown on the following leasing 

maps and Official Protraction Diagrams 

(OPDs): 

Outer Continental Shelf Leasing Maps— 

Texas Map Numbers 1 through 8 

(These 16 Maps Sell for $2.00 Each.) 

TX1 South Padre Island Area (revised 

November 1, 2000) 

TX1A South Padre Island Area, East 

Addition (revised November 1, 

2000) 

TX2 North Padre Island Area (revised 

November 1, 2000) 

TX2A North Padre Island Area, East 

Addition (revised November 1, 

2000) 

TX3 Mustang Island Area (revised 

November 1, 2000) 

TX3A Mustang Island Area, East 

Addition (revised September 3, 

2002) 

TX4 Matagorda Island Area (revised 

November 1, 2000) 

TX5 Brazos Area (revised November 1, 

2000) 

TX5B Brazos Area, South Addition 

(revised November 1, 2000) 

TX6 Galveston Area (revised November 

1, 2000) 

TX6A Galveston Area, South Addition 

(revised November 1, 2000) 

TX7 High Island Area (revised 

November 1, 2000) 

TX7A High Island Area, East Addition 

(revised November 1, 2000) 

TX7B High Island Area, South Addition 

(revised November 1, 2000) 

TX7C High Island Area, East Addition, 

South Extension (revised November 

1, 2000) 

TX8 Sabine Pass Area (revised 

November 1, 2000) 

Outer Continental Shelf Leasing Maps— 

Louisiana Map Numbers 1A, 1B, and 12 

(These 3 maps sell for $2.00 each.) 

LA1A West Cameron Area, West 

Addition (revised February 28, 

2007) 

LA1B West Cameron Area, South 

Addition (revised February 28, 

2007) 

LA12 Sabine Pass Area (revised July 1, 

2011) 

Outer Continental Shelf Official 

Protraction Diagrams 

(These 7 Diagrams Sell for $2.00 Each.) 

NG14–03 Corpus Christi (revised 

November 1, 2000) 

NG14–06 Port Isabel (revised November 

1, 2000) 

NG15–01 East Breaks (revised 

November 1, 2000) 

NG15–02 Garden Banks (revised 

February 28, 2007) 

NG15–04 Alaminos Canyon (revised 

November 1, 2000) 

NG15–05 Keathley Canyon (revised 

February 28, 2007) 

NG15–08 Sigsbee Escarpment (revised 

February 28, 2007) 

Please Note: 

A CD–ROM (in ArcInfo and Acrobat (.pdf) 

format) containing all of the GOM leasing 

maps and OPDs, except for those not yet 

converted to digital format, is available from 

the BOEM Gulf of Mexico Region Public 

Information Office for a price of $15.00. 

These GOM leasing maps and OPDs are also 

available for free online in .pdf and .gra 

formats at http://www.boem.gov/Oil-and-GasEnergy-Program/Mapping-and-Data/OfficialProtraction-Diagrams.aspx. 

For the current status of all WPA leasing 

maps and OPDs, please refer to 66 FR 28002 

(May 21, 2001), 67 FR 60701 (September 26, 

2002), 72 FR 27590 (May 16, 2007), and 76 

FR 54787 (September 2, 2011). In addition, 

Supplemental Official OCS Block Diagrams 

(SOBDs) for blocks containing the U.S. 200 

Nautical Mile Limit line and the U.S.-Mexico 

Maritime and Continental Shelf Boundary 

line are available. These SOBDs also are 

available from the BOEM Gulf of Mexico 

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Federal Register / Vol. 78, No. 145 / Monday, July 29, 2013 / Notices 45559 

Region Public Information Office. For 

additional information, or to order the above 

referenced maps or diagrams, please call the 

Mapping and Automation Section at (504) 

736–5768. 

All blocks being offered in the lease sale 

are shown on these leasing maps and OPDs. 

The available Federal acreage of each whole 

and partial block in this lease sale is shown 

in the document ‘‘List of Blocks Available for 

Leasing’’ included in the Final NOS Package. 

Some of these blocks may be partially leased 

or deferred, or transected by administrative 

lines such as the Federal/state jurisdictional 

line. A bid on a block must include all of the 

available Federal acreage of that block. Also, 

information on the unleased portions of such 

blocks is found in the document ‘‘Western 

Planning Area, Lease Sale 233, August 28, 

2013—Unleased Split Blocks and Available 

Unleased Acreage of Blocks with Aliquots 

and Irregular Portions under Lease or 

Deferred’’ included in the Final NOS 

Package. 

Areas Not Offered for Leasing 

The following whole and partial 

blocks are not offered for lease in this 

sale: 

Whole blocks and portions of blocks 

that lie within the boundaries of the 

Flower Garden Banks National Marine 

Sanctuary (Sanctuary) in the East and 

West Flower Garden Banks and Stetson 

Bank. The following list identifies all 

blocks affected by the Sanctuary 

boundaries: 

High Island, East Addition, South 

Extension (Leasing Map TX7C) 

Whole Block: A–398 

Portions of Blocks: A–366*, A–367*, 

A–374*, A–375, A–383, A–384*, A– 

385*, 

A–388, A–389, A–397*, A–399, A– 

401 

*Leased 

High Island, South Addition (Leasing 

Map TX7B) 

Portions of Blocks: A–502, A–513 

Garden Banks (OPD NG15–02) 

Portions of Blocks: 134, 135 

Whole blocks and portions of blocks 

that lie within the former Western Gap 

and that lie within 1.4 nautical miles 

north of the Continental Shelf Boundary 

between theUnited States and Mexico: 

Keathley Canyon (OPD NG15–05) 

Portions of Blocks: 978 through 980 

Sigsbee Escarpment (OPD NG15–08) 

Whole Blocks: 11, 57, 103, 148, 149, 

194 

Portions of Blocks: 12 through 14, 58 

through 60, 104 through 106, 150 

Blocks That lie Within the Former 

Western Gap and Within 1.4 Nautical 

Miles North of the Continental Shelf 

Boundary (1.4-Nautical Mile Buffer) 

Between the United States and Mexico 

Please be advised that the 1.4-nautical 

mile buffer, which has not been offered 

in recent lease sales, was included in 

the lease sale area identified in the 

Proposed NOS for this sale, in the event 

that the Agreement (described below), 

entered into force prior to the issuance 

of this Final NOS. However, the 

Agreement has yet to enter into force; 

accordingly, the 1.4 nautical mile buffer 

is not available for leasing. A treaty 

provision prohibiting exploration and 

development remains in effect in the 

Western Gap area of the GOM after the 

United States and Mexico exchanged 

instruments of ratification in January 

2001. The treaty states that, at the 

earliest, exploration or development 

within the 1.4-nautical mile buffer 

would occur after January 2011; 

however, on June 23, 2010, the United 

States and Mexico mutually agreed to 

extend this period for an additional 

three years. The treaty provision now 

remains in effect until January 17, 2014. 

The Agreement was signed by the 

United States and Mexico on February 

20, 2012, and upon entry into force, the 

Agreement will supersede the 

prohibition on exploration or 

development within the 1.4-nautical 

mile buffer imposed by the continuing 

treaty provision. As the Agreement has 

not received final approval such that it 

may enter into force, this 1.4-nautical 

mile buffer is not available for leasing, 

and BOEM is not including these blocks 

in the former Western Gap and in the 

1.4-nautical mile buffer in the lease sale 

area for this Final NOS. 

Bids on Blocks Near the U.S.-Mexico 

Maritime and Continental Shelf 

Boundary 

The following definitions apply to 

this section: 

‘‘Agreement’’ refers to the 

transboundary agreement between the 

United Mexican States and the United 

States of America that addresses 

identification and unitization of 

transboundary hydrocarbon reservoirs, 

allocation of production, inspections, 

safety, and environmental protection. A 

copy of the Agreement can be found at 

http://www.boem.gov/BOEMNewsroom/Library/BoundariesMexico.aspx. 

‘‘Boundary Area’’ means an area 

comprised of any and all blocks in the 

WPA that are wholly or partially located 

within three statute miles of the 

Maritime and Continental Shelf 

Boundary with Mexico, as that Maritime 

Boundary is delimited in the November 

24, 1970 Treaty to Resolve Pending 

Boundary Differences and Maintain the 

Rio Grande and Colorado River as the 

International Boundary; the May 4, 1978 

Treaty on Maritime Boundaries between 

the United Mexican States and the 

United States of America; and the June 

9, 2000 Treaty on the Continental Shelf 

between the Government of the United 

Mexican States and the Government of 

the United States of America. 

The Agreement was signed on 

February 20, 2012, but has not yet 

entered into force. Bids submitted on 

any available block in the ‘‘Boundary 

Area’’ (as defined above) may be 

segregated from bids submitted on 

blocks outside the Boundary Area. Bids 

submitted on available blocks outside 

the Boundary Area will be opened on 

the date scheduled for the sale. Bids 

submitted on available blocks in the 

Boundary Area may not be opened on 

the date scheduled for the sale, but may 

be opened at a later date. Within 30 

days after approval of the Agreement 

necessary to allow it to enter into force, 

or by February 28, 2014, whichever 

occurs first, the Secretary of the Interior 

(Secretary) will determine whether to 

open bids on available Boundary Area 

blocks or to return the bids unopened. 

In the event the Secretary decides to 

open bids on available blocks in the 

Boundary Area, BOEM will notify such 

bidders at least 30 days prior to opening 

such bids and will describe the terms of 

the Agreement under which leases in 

the Boundary Area will be issued. 

Bidders on these blocks may withdraw 

their bids at any time after such notice 

up until 10:00 a.m. on the day before 

bid opening. If BOEM does not give 

notice within 30 days of approval of the 

Agreement as described above, or by 

February 28, 2014, whichever comes 

first, BOEM will return the bids 

unopened. This timing will allow 

potential bidders to make decisions 

regarding the next annual WPA lease 

sale (anticipated in August 2014), which 

also may offer blocks in this area. BOEM 

reserves the right to return these bids at 

any time. BOEM will not disclose which 

blocks received bids or the names of 

bidders on blocks in the Boundary Area 

unless and until the bids are opened. 

BOEM currently anticipates that 

blocks in the Boundary Area that are not 

awarded as a result of WPA Sale 233 

would be reoffered in the next WPA 

lease sale in 2014. 

The following whole and partial 

blocks comprise the entire Boundary 

Area (not all of which may be available 

under WPA Sale 233): 

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Port Isabel Blocks—914, 915, 916, 

917, 918, 919, 920, 921, 922, 923, 924, 

945, 946, 

947, 948, 958, 959, 960, 961, 962, 963, 

964, 965, 966, 967, 968, 989, 990, 991, 

and 

992 

Alaminos Canyon Blocks—881, 882, 

883, 884, 885, 886, 887, 888, 889, 890, 

891, 892, 893, 894, 895, 896, 897, 898, 

899*, 900*, 901*, 902*, 903*, 904*, 905, 

906, 907, 908, 909, 910, 911, 912, 925, 

926, 927, 928, 929, 930, 931, 932, 933, 

934, 935, 936, 937, 938, 939, 940, 941, 

942*, 943*, 944*, 945*, 946, 947*, 948, 

949, 950, 951, 952, 953, 954, 955, 956, 

957, 958, 959, 960, 961, 962, 963, 964, 

965, 992, 993, 994, 995, 996, 997, 998, 

999, 1000, 1001, 1002, 1003, 1004, 1005, 

1006, 1007, 1008, and 1009 

Keathley Canyon Blocks—925, 926, 

927, 928, 929, 930, 931, 932, 933, 934, 

935, 969, 

970, 971, 972, 973, 974, 975, 976, 977, 

978, 979, 980, and 981 

Sigsbee Escarpment Blocks—11, 12, 

13, 14, 15, 57, 58, 59, 60, 61, 103, 104, 

105, 106, 

148, 149, 150, and 194 

South Padre Island Blocks—1154, 

1163, 1164, 1165, and 1166 

South Padre Island, East Addition 

Blocks—1155, 1156, 1157, 1158, 1159, 

1160, 1161, 

1162, A 78, A 79, A 80, A 81, A 82, 

A 83, A 84, A 85, A 86, A 87, A 89, and 

A 90 

*Leased 

II. Statutes and Regulations 

Each lease is issued pursuant to 

OCSLA, implementing regulations 

promulgated pursuant thereto, and other 

applicable statutes and regulations in 

existence upon the effective date of the 

lease, as well as those applicable 

statutes enacted and regulations 

promulgated thereafter, except to the 

extent that the after-enacted statutes and 

regulations explicitly conflict with an 

express provision of the lease. 

Amendments to existing statutes and 

regulations, including but not limited to 

OCSLA, as well as the enactment of new 

statutes and promulgation of new 

regulations, that do not explicitly 

conflict with an express provision of the 

lease, will apply to leases issued as a 

result of this sale. Moreover, the lessee 

expressly bears the risk that such new 

statutes and regulations (i.e., those that 

do not explicitly conflict with an 

express provision of the lease) may 

increase or decrease the lessee’s 

obligation under the lease. 

III. Lease Terms and Economic 

Conditions 

Lease Terms 

OCS Lease Form 

BOEM will use Form BOEM–2005 

(October 2011) to convey leases 

resulting from this sale. This lease form 

may be viewed on the BOEM Web site 

at http://www.boem.gov/About-BOEM/ 

Procurement-Business-Opportunities/ 

BOEM–OCS-Operation-Forms/BOEM– 

2005.aspx. The lease form will be 

amended to conform with the specific 

terms, conditions, and stipulations 

applicable to the individual lease. 

Initial Periods 

Initial periods are summarized in the 

following table: 

Water depth in meters Initial period 

0 to < 400 ................................................ Standard initial period is 5 years; the lessee may earn an additional 3 years (i.e., for an 8-year extended initial period) if a well is spudded targeting hydrocarbons below 25,000 feet True Vertical 

Depth Subsea (TVD SS) during the first 5 years of the lease 

400 to < 800 ............................................ Standard initial period is 5 years; the lessee will earn an additional 3 years (i.e., for an 8-year extended initial period) if a well is spudded during the first 5 years of the lease 

800 to < 1,600 ......................................... Standard initial period is 7 years; the lessee will earn an additional 3 years (i.e., for a 10-year extended initial period) if a well is spudded during the first 7 years of the lease 

1,600 + .................................................... 10 years 

(1) The standard initial period for a 

lease in water depths less than 400 

meters issued as a result of this sale is 

5 years. If the lessee spuds a well 

targeting hydrocarbons below 25,000 

feet TVD SS within the first 5 years of 

the lease, then the lessee may earn an 

additional 3 years, resulting in an 8-year 

extended initial period. The lessee will 

earn the 8-year extended initial period 

when the well is drilled to a target 

below 25,000 feet TVD SS, or the lessee 

may earn the 8-year extended initial 

period in cases where the well targets, 

but does not reach, a depth below 

25,000 feet TVD SS due to mechanical 

or safety reasons, where sufficient 

evidence is provided. 

In order to earn the 8-year extended 

initial period, the lessee is required to 

submit to the Bureau of Safety and 

Environmental Enforcement (BSEE) 

GOM Regional Supervisor for 

Production and Development, within 30 

days after completion of the drilling 

operation, a letter providing the well 

number, spud date, information 

demonstrating a target below 25,000 feet 

TVD SS and whether that target was 

reached, and if applicable, any safety, 

mechanical, or other problems 

encountered that prevented the well 

from reaching a depth below 25,000 feet 

TVD SS. The BSEE Gulf of Mexico 

Regional Supervisor for Production and 

Development must concur in writing 

that the conditions have been met for 

the lessee to earn the 8-year extended 

initial period. The BSEE Gulf of Mexico 

Regional Supervisor for Production and 

Development will provide a written 

response within 30 days of receipt of the 

lessee’s letter. 

A lessee that has earned the 8-year 

extended initial period by spudding a 

well with a hydrocarbon target below 

25,000 feet TVD SS during the first 5 

years of the lease, confirmed by BSEE, 

will not be eligible for a suspension for 

that same period under the regulations 

at 30 CFR 250.175 because the lease is 

not at risk of expiring. 

(2) The standard initial period for a 

lease in water depths of 400 to less than 

800 meters issued as a result of this sale 

is 5 years. The lessee will earn an 

additional 3 years, resulting in an 8-year 

extended initial period, if the lessee 

spuds a well within the first 5 years of 

the lease. 

In order to earn the 8-year extended 

initial period, the lessee is required to 

submit to the appropriate BSEE District 

Manager, within 30 days after spudding 

a well, a letter providing the well 

number and spud date, and requesting 

concurrence that the lessee has earned 

the 8-year extended initial period. The 

BSEE District Manager will review the 

request and make a written 

determination within 30 days of receipt 

of the request. The BSEE District 

Manager must concur in writing that the 

conditions have been met by the lessee 

to earn the 8-year extended initial 

period. 

(3) The standard initial period for a 

lease in water depths of 800 to less than 

1,600 meters issued as a result of this 

sale will be 7 years. The lessee will earn 

an additional 3 years, resulting in a 10- 

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Federal Register / Vol. 78, No. 145 / Monday, July 29, 2013 / Notices 45561 

year extended initial period, if the 

lessee spuds a well within the first 7 

years of the lease. 

In order to earn the 10-year extended 

initial period, the lessee is required to 

submit to the appropriate BSEE District 

Manager, within 30 days after spudding 

a well, a letter providing the well 

number and spud date, and requesting 

concurrence that the lessee has earned 

the 10-year extended initial period. The 

BSEE District Manager will review the 

request and make a determination. A 

written response will be sent to the 

lessee documenting the BSEE District 

Manager’s decision within 30 days of 

receipt of the request. The BSEE District 

Manager must concur in writing that the 

conditions have been met by the lessee 

to earn the 10-year extended initial 

period. 

(4) The standard initial period for a 

lease in water depths of 1,600 meters or 

greater issued as a result of this sale will 

be 10 years. 

Economic Conditions 

Minimum Bonus Bid Amounts 

• $25.00 per acre or fraction thereof 

for blocks in water depths less than 400 

meters 

• $100.00 per acre or fraction thereof 

for blocks in water depths of 400 meters 

or deeper 

BOEM will not accept a bonus bid 

unless it provides for a cash bonus in 

the amount equal to, or exceeding, the 

specified minimum bid of $25.00 per 

acre or fraction thereof for blocks in 

water depths less than 400 meters, and 

$100.00 per acre or fraction thereof for 

blocks in water depths of 400 meters or 

deeper. 

Rental Rates 

Annual rental rates are summarized in 

the following table: 

RENTAL RATES PER ACRE OR FRACTION THEREOF

Water depth in meters Years 1–5 Years 6, 7, & 8 + 

0 to < 200 ............................................................ $7.00 $14.00, $21.00, & $28.00 

200 to < 400 ........................................................ $11.00 $22.00, $33.00, & $44.00 

400 + ................................................................... $11.00 $16.00 

Escalating Rental Rates for Leases With 

an 8-Year Extended Initial Period in 

Water Depths Less Than 400 Meters 

Any lessee with a lease in water 

depths less than 400 meters that earns 

an 8-year extended initial period will 

pay an escalating rental rate as shown 

above. The rental rates after the fifth 

year for blocks in less than 400 meters 

water depth will become fixed and no 

longer escalate if another well is 

spudded targeting hydrocarbons below 

25,000 feet TVD SS after the fifth year 

of the lease, and BSEE concurs that such 

a well has been spudded. In this case, 

the rental rate will become fixed at the 

rental rate in effect during the lease year 

in which the additional well was 

spudded. 

Royalty Rate 

• 18.75 percent 

Minimum Royalty Rate 

• $7.00 per acre or fraction thereof 

per year for blocks in water depths less 

than 200 meters 

• $11.00 per acre or fraction thereof 

per year for blocks in water depths of 

200 meters or deeper 

Royalty Suspension Provisions 

Leases with royalty suspension 

volumes (RSVs) are authorized under 

existing BOEM regulations at 30 CFR 

part 560. Royalty relief or reduction is 

implemented by BSEE through 

regulations at 30 CFR part 203. 

Ultra-deep Gas Royalty Suspensions 

A lease issued as a result of this sale 

may be eligible for RSV incentives for 

ultra-deep wells pursuant to 30 CFR 

part 203, implementing requirements of 

the Energy Policy Act of 2005. Certain 

wells on leases in less than 400 meters 

water depth completed to a drilling 

depth of 20,000 feet TVD SS or deeper 

may receive an RSV of 35 billion cubic 

feet of natural gas. This RSV incentive 

is conditioned upon applicable price 

thresholds. 

IV. Lease Stipulations 

One or more of the following 

proposed stipulations may be applied to 

leases issued as a result of this sale. The 

detailed text of these stipulations is 

contained in the ‘‘Lease Stipulations’’ 

section of the Final NOS Package. 

(1) Topographic Features 

(2) Military Areas 

(3) Law of the Sea Convention Royalty 

Payment 

(4) Protected Species 

(5) Agreement between the United 

States of America and the United 

Mexican States 

Concerning Transboundary 

Hydrocarbon Reservoirs in the Gulf of 

Mexico 

V. Information to Lessees 

The Information to Lessees (ITL) 

clauses provide detailed information on 

certain issues pertaining to this oil and 

gas lease sale. The detailed text of these 

ITL clauses is contained in the 

‘‘Information to Lessees’’ section of the 

Final NOS Package: 

(1) Navigation Safety 

(2) Ordnance Disposal Areas 

(3) Existing and Proposed Artificial 

Reefs/Rigs-to-Reefs 

(4) Lightering Zones 

(5) Indicated Hydrocarbons List 

(6) Military Areas 

(7) Safety Zones for Certain 

Production Facilities 

(8) Bureau of Safety and 

Environmental Enforcement (BSEE) 

Inspection and Enforcement of Certain 

Coast Guard Regulations 

(9) Potential Sand Dredging Activities 

(10) Notice of Arrival on the Outer 

Continental Shelf 

(11) Bids on Blocks near U.S.-Mexico 

Maritime and Continental Shelf 

Boundary 

VI. Maps 

The maps pertaining to this lease sale 

may be found on the BOEM Web site at 

http://www.boem.gov/sale-233/. The 

following maps also are included in the 

Final NOS Package: 

Lease Terms and Economic Conditions 

Map 

The lease terms and economic 

conditions and the blocks to which 

these terms and conditions apply are 

shown on the map ‘‘Final, Western 

Planning Area, Lease Sale 233, August 

2013, Lease Terms and Economic 

Conditions’’ included in the Final NOS 

Package. 

Stipulations and Deferred Blocks Map 

The blocks to which one or more lease 

stipulations may apply are shown on 

the map ‘‘Final, Western Planning Area, 

Lease Sale 233, August 2013, 

Stipulations and Deferred Blocks Map’’ 

included in the Final NOS Package. 

VII. Bidding Instructions 

Instructions on how to submit a bid, 

secure payment of the advance bonus 

bid deposit (if applicable), and what 

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45562 Federal Register / Vol. 78, No. 145 / Monday, July 29, 2013 / Notices 

information must be included with the 

bid are as follows: 

Bid Form 

For each block bid upon, a separate 

sealed bid shall be submitted in a sealed 

envelope (as described below) and must 

include the following: 

• total amount of the bid in whole 

dollars only; 

• sale number; 

• sale date; 

• each bidder’s exact name; 

• each bidder’s proportionate interest, 

stated as a percentage, using a 

maximum of five decimal places (e.g., 

33.33333 percent); 

• typed name and title, and signature 

of each bidder’s authorized officer; 

• each bidder’s GOM company 

number; 

• map name and number or Official 

Protraction Diagram (OPD) name and 

number; 

• block number; and 

• statement acknowledging that the 

bidder(s) understand that this bid 

legally binds the bidder(s) to comply 

with all applicable regulations, 

including payment of one-fifth of the 

bonus bid amount on all apparent high 

bids. 

The information required on the 

bid(s) will be specified in the document 

‘‘Bid Form’’ contained in the Final NOS 

Package. A blank bid form is provided 

therein for convenience and may be 

copied and completed with the 

necessary information described above. 

Bid Envelope 

Each bid must be submitted in a 

separate sealed envelope labeled as 

follows: 

• ‘‘Sealed Bid for Oil and Gas Lease 

Sale 233, not to be opened until 9:00 

a.m. Wednesday, August 28, 2013’’ or if 

the bid is on a block in the U.S.-Mexico 

Maritime Boundary Area, ‘‘Sealed Bid 

for Oil and Gas Lease Sale 233 U.S.- 

Mexico Maritime Boundary Bid, not to 

be opened until at least 30 days 

following the approval of the 

Transboundary Agreement allowing it to 

enter into force, or February 28, 2014, 

whichever occurs first;’’ 

• map name and number or OPD 

name and number; 

• block number for block bid upon; 

and 

• the exact name and qualification 

number of the submitting bidder only. 

The Final NOS Package includes a 

sample bid envelope for reference. 

Mailed Bids 

If bids are mailed, please address the 

envelope containing the sealed bid 

envelope(s) as follows: Attention: 

Leasing and Financial Responsibility 

Section, BOEM Gulf of Mexico Region, 

1201 Elmwood Park Boulevard, New 

Orleans, Louisiana 70123–2394, 

Contains Sealed Bids for WPA Oil and 

Gas Lease Sale 233, Please Deliver to 

Ms. Cindy Thibodeaux or Ms. Kasey 

Couture, 2nd Floor, Immediately. 

Please Note: 

Bidders mailing bid(s) are advised to call 

Ms. Cindy Thibodeaux at (504) 736–2809, or 

Ms. Kasey Couture at (504) 736–2909, 

immediately after putting their bid(s) in the 

mail. If BOEM receives bids later than the 

Bid Submission Deadline, the BOEM 

Regional Director (RD) will return those bids 

unopened to bidders. Please see ‘‘Section XI. 

Delay of Sale’’ regarding BOEM’s discretion 

to extend the Bid Submission Deadline in the 

case of an unexpected event (e.g., flooding or 

travel restrictions) and how bidders can 

obtain more information on such extensions. 

Advance Bonus Bid Deposit Guarantee 

Bidders that are not currently an OCS 

oil and gas lease record title holder or 

designated operator or those that ever 

have defaulted on a one-fifth bonus bid 

deposit, by Electronic Funds Transfer 

(EFT) or otherwise, must guarantee 

(secure) the payment of the one-fifth 

bonus bid deposit prior to bid 

submission using one of the following 

four methods: 

• provide a third-party guarantee; 

• amend an areawide development 

bond via bond rider; 

• provide a letter of credit; or 

• provide a lump sum payment in 

advance via EFT. 

For more information on EFT 

procedures, see Section X of this 

document entitled ‘‘The Lease Sale.’’ 

Affirmative Action 

BOEM requests that, prior to bidding, 

the bidder file Equal Opportunity 

Affirmative Action Representation Form 

BOEM–2032 (October 2011) and Equal 

Opportunity Compliance Report 

Certification Form BOEM–2033 

(October 2011) in the BOEM Gulf of 

Mexico Region Adjudication Section. 

This certification is required by 41 CFR 

part 60 and Executive Order No. 11246, 

issued September 24, 1965, as amended 

by Executive Order No. 11375, issued 

October 13, 1967. Please note that both 

forms are required to be on file for the 

bidder(s) in the GOM Region 

Adjudication Section prior to the 

execution of any lease contract. 

Geophysical Data and Information 

Statement (GDIS) 

Every bidder submitting a bid on a 

block in WPA Sale 233, or participating 

as a joint bidder in such a bid, must 

submit at the time of bid submission a 

GDIS in a separate and sealed envelope, 

identifying all proprietary data; 

reprocessed speculative data, and/or 

any Controlled Source Electromagnetic 

surveys, Amplitude Versus Offset, 

Gravity, or Magnetic data; or other 

information used as part of the decision 

to bid or participate in a bid on the 

block. The bidder and joint bidder must 

also include a live trace map (e.g., .pdf 

and ArcGIS shape file) for each survey 

that they identify in the GDIS 

illustrating the actual areal extent of the 

proprietary geophysical data in the 

survey (see the ‘‘Example of Preferred 

Format’’ in the Final NOS Package for 

additional information). 

A bidder must submit the GDIS even 

if its joint bidder or bidders on a 

specific block also have submitted a 

GDIS. Any speculative data that has 

been reprocessed externally or ‘‘inhouse’’ is considered proprietary due to 

the proprietary processing and is no 

longer considered to be speculative. The 

GDIS should clearly state who did the 

reprocessing (e.g., external company 

name or ‘‘in-house’’). In addition, the 

GDIS should clearly identify the data 

type (e.g., 2–D, 3–D, or 4–D; pre-stack or 

post-stack; and time or depth), areal 

extent (i.e., number of line miles for 2– 

D or number of blocks for 3–D), and 

migration algorithm (e.g., Kirchhoff 

Migration, Wave Equation Migration, 

Reverse Migration, Reverse Time 

Migration) of the data, velocity models 

used, and other requested metadata. The 

statement also must include the name, 

phone number, and full address of a 

contact person and an alternate who are 

both knowledgeable about the 

information and data listed and who are 

available for 30 days postsale, the 

processing company, date processing 

was completed, owner of the original 

data set (i.e., who initially acquired the 

data), and original data survey name 

and permit number. Seismic survey 

information also should include the 

computer storage size, to the nearest 

megabyte, of each seismic data and 

velocity volume used to evaluate the 

lease block in question. This will be 

used in estimating the reproduction 

costs for each data set. BOEM reserves 

the right to query about alternate data 

sets, to quality check, and to compare 

the listed and alternative data sets to 

determine which data set most closely 

meets the needs of the fair market value 

determination process. 

The GDIS also must include entries 

for all blocks bid upon that did not use 

proprietary or reprocessed pre- or poststack geophysical data and information 

as part of the decision to bid or to 

participate as a joint bidder in the bid. 

The GDIS must be submitted even if no 

proprietary geophysical data and 

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Federal Register / Vol. 78, No. 145 / Monday, July 29, 2013 / Notices 45563 

information were used in bid 

preparation for the block. 

Pursuant to 30 CFR 551.12 and 30 

CFR 556.32, as a condition of the sale, 

the BOEM Gulf of Mexico RD requests 

that all bidders and joint bidders submit 

the proprietary data identified on their 

GDIS within 30 days after the lease sale 

(unless you are notified after the lease 

sale that BOEM has withdrawn the 

request). This request only pertains to 

proprietary data that is not 

commercially available. Commercially 

available data is not required to be 

submitted to BOEM, and reimbursement 

will not be provided if such data is 

submitted by a bidder. The BOEM Gulf 

of Mexico RD will notify bidders and 

joint bidders of any withdrawal of the 

request, for all or some of the 

proprietary data identified on the GDIS, 

within 15 days of the lease sale. 

Pursuant to 30 CFR part 551 and as a 

condition of this sale, all bidders 

required to submit data must ensure that 

the data is received by BOEM no later 

than the thirtieth day following the 

lease sale, or the next business day if the 

submission deadline falls on a weekend 

or Federal holiday. The data must be 

submitted to BOEM at the following 

address: Bureau of Ocean Energy 

Management, Resource Studies, MS 

881A, 1201 Elmwood Park Blvd., New 

Orleans, LA 70123–2304. 

BOEM recommends that bidders mark 

the submission’s external envelope as 

‘‘Deliver Immediately to DASPU.’’ 

BOEM also recommends that the data be 

submitted in an internal envelope, or 

otherwise marked, with the following 

designation ‘‘Proprietary Geophysical 

Data Submitted Pursuant to Lease Sale 

233 and used during evaluation of 

Block.’’ 

In the event a person supplies any 

type of data to BOEM, that person must 

meet the following requirements to 

qualify for reimbursement: 

(1) Persons must be registered with 

the System for Award Management 

(SAM), formerly known as the Central 

Contractor Registration (CCR). Your CCR 

username will not work in SAM. A new 

SAM User Account is needed to register 

or update your entity’s records. The 

Web site for registering is https:// 

www.sam.gov. 

(2) Persons must be enrolled in the 

Department of Treasury’s Internet 

Payment Platform (IPP) for electronic 

invoicing. The person must enroll in the 

IPP at https://www.ipp.gov/. Access 

then will be granted to use IPP for 

submitting requests for payment. When 

a request for payment is submitted, it 

must include the assigned Purchase 

Order Number on the request. 

(3) Persons must have a current Online Representations and Certifications 

Application at https://www.sam.gov. 

Please Note: 

The GDIS Information Table must be 

submitted digitally, preferably as an Excel 

spreadsheet, on a CD or DVD along with the 

seismic data map(s). If you have any 

questions, please contact Ms. Dee Smith at 

(504) 736–2706, or Mr. John Johnson at (504) 

736–2455. Bidders should refer to Section X 

of this document, ‘‘The Lease Sale: 

Acceptance, Rejection, or Return of Bids,’’ 

regarding a bidder’s failure to comply with 

the requirements of the Final NOS, including 

any failure to submit information as required 

in the Final NOS or Final NOS Package. 

Telephone Numbers/Addresses of 

Bidders 

BOEM requests that bidders provide 

this information in the suggested format 

prior to or at the time of bid submission. 

This form must not be enclosed inside 

the sealed bid envelope. 

Additional Documentation 

BOEM may require bidders to submit 

other documents in accordance with 30 

CFR 556.46. 

VIII. Bidding Rules and Restrictions 

Restricted Joint Bidders 

BOEM published in the Federal 

Register on May 10, 2013, a List of 

Restricted Joint Bidders at 78 FR 27430, 

which applies to this lease sale. Please 

refer to joint bidding provisions at 30 

CFR 556.41 for additional restrictions. 

Authorized Signatures 

All bidders must execute all 

documents in conformance with 

signatory authorizations on file in the 

BOEM qualification records. 

Unlawful Combination or Intimidation 

BOEM warns bidders against violation 

of 18 U.S.C. 1860, prohibiting unlawful 

combination or intimidation of bidders. 

Bid Withdrawal 

Bids may be withdrawn only by 

written request delivered to BOEM prior 

to the Bid Submission Deadline. The 

withdrawal request must be on 

company letterhead and must contain 

the bidder’s name, its company number, 

the map name/number, and the block 

number(s) of the bid(s) to be withdrawn. 

The request must be in conformance 

with signatory authorizations on file in 

the BOEM Gulf of Mexico Region 

Adjudication Office. Signatories must be 

authorized to bind their respective legal 

business entities (e.g., a corporation, 

partnership, or LLC); they also must 

have an incumbency certificate, and/or 

specific power of attorney setting forth 

express authority to act on the business 

entity’s behalf for purposes of bidding 

and lease execution under OCSLA. The 

name and title of the signatory must be 

typed under the signature block on the 

withdrawal letter. Upon the BOEM Gulf 

of Mexico RD’s, or his designee’s, 

approval of such requests, he will 

indicate his approval by signing and 

dating the withdrawal request. 

Bid Rounding 

The bonus bid amount must be stated 

in whole dollars. If the acreage of a 

block contains a decimal figure, then 

prior to calculating the minimum bonus 

bid, bidders must round up to the next 

whole acre. The appropriate minimum 

rate per acre is then applied to the 

whole (rounded up) acreage. If this 

calculation results in a fractional dollar 

amount, bidders must round up to the 

next whole dollar amount. The bonus 

bid amount must be greater than or 

equal to the minimum bonus bid. 

Minimum bonus bid calculations, 

including all rounding, for all blocks 

will be shown in the document ‘‘List of 

Blocks Available for Leasing’’ included 

in the Final NOS Package. 

IX. Forms 

The Final NOS Package includes 

instructions, samples, and/or the 

preferred format for the following items. 

BOEM strongly encourages bidders to 

use these formats; should bidders use 

another format, they are responsible for 

including all the information specified 

for each item in the Final NOS Package. 

(1) Bid Form 

(2) Sample Completed Bid 

(3) Sample Bid Envelope 

(4) Sample Bid Mailing Envelope 

(5) Telephone Numbers/Addresses of 

Bidders Form 

(6) GDIS Form 

(7) GDIS Envelope Form 

X. The Lease Sale 

Bid Opening and Reading 

Sealed bids received in response to 

the Final NOS will be opened at the 

place, date, and hour specified in the 

Final NOS. The opening of the bids is 

for the sole purpose of publicly 

announcing and recording the bids 

received; no bids will be accepted or 

rejected at that time. 

Bonus Bid Deposit for Apparent High 

Bids 

Each bidder submitting an apparent 

high bid must submit a bonus bid 

deposit to the U.S. Department of the 

Interior’s Office of Natural Resources 

Revenue (ONRR) equal to one-fifth of 

the bonus bid amount for each such bid. 

A copy of the notification of the high 

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45564 Federal Register / Vol. 78, No. 145 / Monday, July 29, 2013 / Notices 

bidder’s one-fifth bonus liability may be 

obtained at the EFT Area outside the 

Bid Reading Room on the day of the bid 

opening, or it may be obtained on the 

BOEM Web site at http:// 

www.boem.gov/Sale-233/ under the 

heading ‘‘Notification of EFT 1⁄5 Bonus 

Liability.’’ All payments must be 

deposited electronically into an interestbearing account in the U.S. Treasury by 

11:00 a.m. Eastern Time the day 

following the bid reading (no 

exceptions). Account information is 

provided in the ‘‘Instructions for 

Making Electronic Funds Transfer 

Bonus Payments’’ found on the BOEM 

Web site identified above. 

BOEM requires bidders to use EFT 

procedures for payment of one-fifth 

bonus bid deposits for WPA Sale 233, 

following the detailed instructions 

contained on the ONRR Payment 

Information Web page at http:// 

www.onrr.gov/FM/PayInfo.htm. 

Acceptance of a deposit does not 

constitute and shall not be construed as 

acceptance of any bid on behalf of the 

United States. 

Withdrawal of Blocks 

The United States reserves the right to 

withdraw any block from this lease sale 

prior to issuance of a written acceptance 

of a bid for the block. 

Acceptance, Rejection, or Return of Bids 

The United States reserves the right to 

reject any and all bids. No bid will be 

accepted, and no lease for any block 

will be awarded to any bidder, unless 

the bidder has complied with all 

requirements of the Final NOS, 

including those set forth in the 

documents contained in the Final NOS 

Package and applicable regulations, the 

bid is the highest valid bid, and the 

amount of the bid has been determined 

to be adequate by the authorized officer. 

Any bid submitted that does not 

conform to the requirements of the Final 

NOS and Final NOS Package, OCSLA, 

or other applicable statute or regulation 

may be rejected and returned to the 

bidder. The U.S. Department of Justice 

and the Federal Trade Commission will 

review the results of the lease sale for 

anti-trust issues prior to the acceptance 

of bids and issuance of leases. To ensure 

that the Government receives a fair 

return for the conveyance of leases from 

this sale, high bids will be evaluated in 

accordance with BOEM’s bid adequacy 

procedures. A copy of current 

procedures, ‘‘Modifications to the Bid 

Adequacy Procedures’’ at 64 FR 37560 

on July 12, 1999, can be obtained from 

the BOEM Gulf of Mexico Region Public 

Information Office, or via the BOEM 

Gulf of Mexico Region Web site at 

http://www.boem.gov/Oil-and-GasEnergy-Program/Leasing/RegionalLeasing/Gulf-of-Mexico-Region/BidAdequacy-Procedures.aspx. 

Lease Award 

BOEM requires each bidder awarded 

a lease to: (1) execute all copies of the 

lease (Form BOEM–2005 (October 

2011), as amended); (2) pay by EFT the 

balance of the bonus bid amount and 

the first year’s rental for each lease 

issued in accordance with the 

requirements of 30 CFR 218.155 and 

556.47(f); and (3) satisfy the bonding 

requirements of 30 CFR part 556, 

subpart I, as amended. ONRR requests 

that only one transaction be used for 

payment of the four-fifths bonus bid 

amount and the first year’s rental. 

XI. Delay of Sale 

The BOEM Gulf of Mexico RD has the 

discretion to change any date, time, 

and/or location specified in the Final 

NOS Package in case of an event that the 

BOEM Gulf of Mexico RD deems may 

interfere with the carrying out of a fair 

and proper lease sale process. Such 

events could include, but are not 

limited to, natural disasters (e.g., 

earthquakes, hurricanes, and floods), 

wars, riots, acts of terrorism, fires, 

strikes, civil disorder, or other events of 

a similar nature. In case of such events, 

bidders should call (504) 736–0557, or 

access the BOEM Web site at http:// 

www.boem.gov for information 

regarding any changes. 

Dated: July 17, 2013. 

Tommy P. Beaudreau, 

Director, Bureau of Ocean Energy 

Management. 

[FR Doc. 2013–18175 Filed 7–26–13; 8:45 am] 

BILLING CODE 4310–MR–P 

JUDICIAL CONFERENCE OF THE 

UNITED STATES 

Meeting of the Judicial Conference 

Committee on Rules of Practice and 

Procedure 

AGENCY: Judicial Conference of the 

United States Advisory Committee on 

Rules of Bankruptcy Procedure. 

ACTION: Notice of Open Meeting. 

SUMMARY: The Advisory Committee on 

Rules of Bankruptcy Procedure will 

hold a two-day meeting. The meeting 

will be open to public observation but 

not participation. 

DATES: September 24—25, 2013. 

TIME: 8:30 a.m. to 5:00 p.m. 

ADDRESSES: University of St. Thomas 

School of Law, 1000 LaSalle Avenue, 

Minneapolis, MN 55403. 

FOR FURTHER INFORMATION CONTACT: 

Jonathan C. Rose, Secretary and Chief 

Rules Officer, Rules Committee Support 

Office, Administrative Office of the 

United States Courts, Washington, DC 

20544, telephone (202) 502–1820. 

Dated: July 24, 2013. 

Jonathan C. Rose, 

Secretary and Chief Rules Officer. 

[FR Doc. 2013–18172 Filed 7–26–13; 8:45 am] 

BILLING CODE 2210–55–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Proposed 

Modification of Amended Consent 

Decree Under the Clean Air Act 

On July 22, 2013, the Department of 

Justice lodged a proposed Joint 

Stipulation to Modify Section XXI of the 

Amended Consent Decree with the 

United States District Court for the 

Eastern District of Wisconsin in the 

lawsuit entitled United States and 

Michigan Department of Environmental 

Quality, Plaintiffs, and Clean 

Wisconsin, Sierra Club, and Citizens’ 

Utility Board, Intervenors, v. Wisconsin 

Electric Power Company, Civil Action 

No. 03–c–0371. 

The terms of the Amended Consent 

Decree that are subject to the proposed 

modification are those set forth in 

Section XXI of the Amended Consent 

Decree. Generally, those provisions 

preclude any transfer of an Ownership 

Interest in any Unit covered by the 

Decree unless the transferee is first 

made a defendant to the Decree and 

jointly and severally liable with 

Wisconsin Electric for all the 

requirements of the Decree that may be 

applicable to the transferred or 

purchased Ownership Interests. The 

proposed modification would provide 

that such a requirement need not apply 

when certain conditions obtain, such as 

when the transferred interest is minor 

and Defendant Wisconsin Electric 

remains liable for the Decree’s terms. 

The publication of this notice opens 

a period for public comment on the 

Joint Stipulation to Modify Section XXI 

of the Amended Consent Decree. 

Comments should be addressed to the 

Acting Assistant Attorney General, 

Environment and Natural Resources 

Division, and should refer to United 

States et al. v. Wisconsin Electric Power 

Company, D.J. Ref. No. 90–5–2–1– 

07493. All comments must be submitted 

no later than thirty (30) days after the 

publication date of this notice. 

Comments may be submitted either by 

email or by mail: 

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