5820 Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Notices 

Name License No. Issuing port 

International Trade & Commerce, Inc ........................................................................................................................ 12736 Laredo. 

Dated: January 26, 2012. 

Richard F. DiNucci, 

Acting Assistant Commissioner, Office of 

International Trade. 

[FR Doc. 2012–2658 Filed 2–3–12; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF THE INTERIOR 

Office of the Secretary 

National Geospatial Advisory 

Committee 

AGENCY: Office of the Secretary, Interior. 

ACTION: Notice of Renewal. 

SUMMARY: This notice advises the public 

that the Secretary of the Interior has 

renewed the National Geospatial 

Advisory Committee. The Committee 

will provide advice and 

recommendations to the Federal 

Geographic Data Committee (FGDC), 

through the FGDC Chair (the Secretary 

of the Interior or designee), related to 

management of Federal geospatial 

programs, the development of the 

National Spatial Data Infrastructure 

(NSDI), and the implementation of 

Office of Management and Budget 

(OMB) Circular A–16 and Executive 

Order 12906. The Committee will 

review and comment upon geospatial 

policy and management issues and will 

provide a forum to convey views 

representative of non-Federal partners 

in the geospatial community. 

FOR FURTHER INFORMATION CONTACT: John 

Mahoney, USGS (phone: (206) 220– 

4621, email: jmahoney@usgs.gov). 

SUPPLEMENTARY INFORMATION: We are 

publishing this notice in accordance 

with the requirements of the Federal 

Advisory Committee Act (FACA), Public 

Law 92–463 (Codified as amended at 5 

U.S.C. Appendix 2). 

The Committee will conduct its 

operations in accordance with the 

provisions of the FACA. It will report to 

the Secretary of the Interior through the 

Chair of the FGDC Steering Committee 

and will function solely as an advisory 

body. The Committee will provide 

recommendations and advice to the 

Department and the FGDC on policy 

and management issues related to the 

effective operation of Federal geospatial 

programs. 

The Secretary of the Interior will 

appoint Committee members. The 

Committee will be composed of up to 30 

representatives, who will be selected to 

generally achieve a balanced 

representation of the viewpoints of the 

various stakeholders involved in 

national geospatial activities and the 

development of the NSDI. 

The Committee is expected to meet 3– 

4 times per year. Committee members 

will serve without compensation. Travel 

and per diem costs will be provided for 

Committee members by the U.S. 

Geological Survey (USGS). The USGS 

will provide necessary support services 

to the Committee. Committee meetings 

will be open to the public. Notice of 

Committee meetings will be published 

in the Federal Register at least 15 days 

before the date of the meeting. The 

public will have an opportunity to 

provide input at these meetings. 

In accordance with FACA, we will file 

a copy of the Committee’s charter with 

the Committee Management Secretariat, 

General Services Administration; 

Committee on Energy and Natural 

Resources, United States Senate; 

Committee on Natural Resources, 

United States House of Representatives; 

and the Library of Congress. 

The Certification for renewal is 

published below. 

Certification: 

I hereby certify that the National 

Geospatial Advisory Committee is in the 

public interest in connection with the 

performance of duties imposed on the 

Department of the Interior by Office of 

Management and Budget (OMB) 

Circular A–16 (Revised), ‘‘Coordination 

of Geographic Information and Related 

Spatial Data Activities.’’ The Committee 

will assist the Department of the Interior 

by providing advice and 

recommendations related to the 

management of Federal geospatial 

programs and the development of the 

National Spatial Data Infrastructure. 

Dated: January 13, 2012. 

Ken Salazar, 

Secretary of the Interior. 

[FR Doc. 2012–2556 Filed 2–3–12; 8:45 am] 

BILLING CODE 4311–AM–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Ocean Energy Management 

[Docket No. BOEM–2011–0097] 

Commercial Leasing for Wind Power 

on the Outer Continental Shelf 

Offshore Massachusetts—Call for 

Information and Nominations 

AGENCY: Bureau of Ocean Energy 

Management (BOEM), Interior. 

ACTION: Call for Information and 

Nominations. 

SUMMARY: BOEM invites the submission 

of nominations for commercial leases 

that would allow a lessee to propose the 

construction of a wind energy project on 

the OCS offshore Massachusetts and to 

develop a project if approved after 

further environmental review. On 

December 29, 2010, BOEM issued the 

Massachusetts Request for Interest (RFI) 

requesting submission of nominations 

and other information by February 28, 

2011 (75 FR 82055). In response to 

requests from several interested and 

affected parties, including the 

Commonwealth of Massachusetts, 

BOEM reopened the comment period for 

the RFI on March 17, 2011 (76 FR 

14681), asking for submissions by April 

18, 2011. BOEM received 11 

nominations of interest from 10 

individual entities responding to the 

RFI, as well as 247 comments from 

members of the public and state and 

Federal agencies. On May 2, 2011, 

BOEM announced it would reduce the 

area identified in the RFI based on 

comments received from the fishing 

community, the Massachusetts 

Executive Office of Energy and 

Environmental Affairs, and the 

Massachusetts congressional delegation. 

BOEM further refined the area that is 

under consideration for this Call for 

Information and Nominations (Call) 

based on consultation with the BOEM 

Massachusetts Renewable Energy Task 

Force, as described in the ‘‘Development 

of the Call Area’’ section later in this 

notice. The area that is under 

consideration for this Call is referred to 

herein as the ‘‘Call Area.’’ 

Although this announcement is not 

itself a leasing announcement, the Call 

Area described herein, or portions 

thereof, may be made available for 

future leasing. BOEM will use the 

responses to this Call to gauge specific 

interest in acquiring commercial wind 

leases in some or all of the Call Area, 

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Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Notices 5821 

and to determine whether competitive 

interest exists in any particular portion 

of the Call 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 below in the 

section entitled, ‘‘Required Nomination 

Information.’’ 

This announcement also requests 

comments and information from 

interested and affected parties about site 

conditions, resources, and multiple uses 

in close proximity to, or within, the Call 

Area that would be relevant to BOEM’s 

review of any nominations submitted 

and/or to BOEM’s subsequent decision 

to offer all or part of the Call Area for 

commercial wind leasing. The 

information that BOEM is requesting is 

described below in the section of this 

Call entitled, ‘‘Requested Information 

from Interested or Affected Parties.’’ 

This Call 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 

585. 

The Call Area is located off the coast 

of Massachusetts beginning 

approximately 12 nautical miles (nmi) 

south of Martha’s Vineyard and 13 nmi 

southwest of Nantucket. From its 

northern boundary, the Call Area 

extends 33 nmi southward to the 60 

meter depth contour and has an east/ 

west extent of approximately 47 nmi. 

The Call Area is approximately 826,241 

acres or 975 square nmi in size and 

contains 132 whole OCS lease blocks as 

well as 19 partial blocks. 

DATES: BOEM must receive your 

nomination describing your interest in 

this potential commercial leasing area 

postmarked or delivered by March 22, 

2012 for your nomination to be 

considered. BOEM requests comments 

or other submissions of information be 

postmarked or delivered by this same 

date. BOEM will consider only the 

nominations received that conform to 

this requirement. 

Submission Procedures: If you are 

submitting a nomination for a lease in 

response to this Call, please submit your 

nomination to the following address: 

BOEM, Office of Renewable Energy 

Programs, 381 Elden Street, HM 1328, 

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). 

BOEM will list the parties that 

submitted nominations and the location 

of the proposed lease areas (i.e., OCS 

blocks nominated) on the BOEM Web 

site after the 45-day comment period 

has closed. 

Comments and other information may 

be submitted by either of the following 

two methods: 

1. Federal eRulemaking Portal: 

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

titled ‘‘Enter Keyword or ID,’’ enter 

BOEM–2011–0097, and then click 

‘‘search.’’ Follow the instructions to 

submit public comments and view 

supporting and related materials 

available for this notice. BOEM will post 

all comments which are not labeled 

‘‘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, Office of Renewable 

Energy Programs, 381 Elden Street, HM 

1328, Herndon, Virginia 20170. All 

responses will be reported on 

www.regulations.gov. 

If you wish to protect the 

confidentiality of your nominations or 

comments, clearly mark the relevant 

sections and request that BOEM treat 

them as confidential. Please label 

privileged or confidential information 

with the caption ‘‘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 ‘‘Protection of 

Privileged or Confidential Information.’’ 

Information that is not labeled as 

privileged or confidential will be 

regarded by BOEM as suitable for public 

release. 

FOR FURTHER INFORMATION CONTACT: 

Jessica Bradley, Renewable Energy 

Program Specialist, BOEM, Office of 

Renewable Energy Programs, 381 Elden 

Street, HM 1328, Herndon, Virginia 

20170, (703) 787–1730 or 

jessica.bradley@boem.gov. 

SUPPLEMENTARY INFORMATION: 

Purpose of the Call for Information and 

Nominations 

The OCS Lands Act requires BOEM to 

award leases competitively, unless 

BOEM determines that there is no 

competitive interest (43 U.S.C. 

1337(p)(3)). The issuance of this Call is 

not intended to indicate that BOEM has 

determined that competitive interest 

exists in the Call Area. Rather, this Call 

is the next step in the renewable energy 

planning and leasing process after the 

publication of the RFI. As described 

below in the section of this Call 

describing development of the Call 

Area, BOEM received numerous 

expressions of interest and comments in 

response to the RFI. After considering 

the comments, BOEM announced on 

May 2, 2011, that the Call Area would 

exclude all blocks east of 70° longitude. 

This Call provides all potential 

nominators—including those who 

submitted nominations in response to 

the RFI—the opportunity to indicate 

their interest in the reduced Call Area 

now being considered for leasing and 

invites additional comments and 

information relevant to the Call Area. 

The original nominators may confirm, 

revise, or withdraw the nominations 

they submitted in response to the RFI or 

may submit new nominations, and new 

nominators may indicate their interest 

in the Call Area. The responses to this 

Call will assist BOEM in determining if 

there is any competitive interest in the 

Call Area. This Call also requests 

information from interested and affected 

parties on issues relevant to BOEM’s 

review of nominations for potential 

leases in the Call Area. A lease, whether 

issued through a competitive or noncompetitive process, gives the lessee the 

exclusive right to subsequently seek 

BOEM approval for the development of 

the leasehold. The lease does not grant 

the lessee the right to construct any 

facilities; rather, the lease grants the 

right to use the leased area to develop 

its plans, which BOEM must approve 

before the lessee may proceed to the 

next stage of the process. See 30 CFR 

585.600 and 585.601. 

The responses to this Call could lead 

to the initiation of a competitive leasing 

process in some parts of the Call Area 

(i.e., where competition exists for 

certain tracts), and a noncompetitive 

process in other parts of the Call Area 

(i.e., where no competitive interest 

exists for certain tracts). The leasing 

process is described more completely 

under the ‘‘Determination of 

Competitive Interest’’ and 

‘‘Noncompetitive Leasing Process,’’ 

sections of this Call. In any parts of the 

Call Area where BOEM determines there 

is no competitive interest, BOEM may 

proceed with the noncompetitive lease 

process pursuant to 30 CFR 585.232. If 

BOEM determines that there is 

competitive interest in some or all of the 

Call Area, then BOEM may proceed 

with Area Identification, as set forth in 

30 CFR 585.211(b), and the competitive 

leasing process set forth under 30 CFR 

585.211 through 585.225. Whether the 

leasing process is competitive or 

noncompetitive, it will include 

additional opportunities for the public 

to provide input and be reviewed 

thoroughly for potential environmental 

and multiple use impacts. The area(s) 

that may be finally offered for lease, if 

any, has/have not yet been determined, 

and may include less than the total areal 

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5822 Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Notices 

extent of the Call Area as 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, including 

renewable energy sources. The EPAct 

also required the issuance of regulations 

to carry out the new authority 

pertaining to renewable energy on the 

OCS. The Secretary delegated this 

authority to issue leases, easements, and 

ROWs, and to promulgate regulations, to 

the Director of BOEM. On April 29, 

2009, BOEM published the Renewable 

Energy and Alternate Uses (REAU) rule, 

at 30 CFR Part 585, which can be found 

at: http://www.boem.gov/uploadedFiles/ 

FinalRenewableEnergyRule.pdf. 

Executive Order 13547: Stewardship of 

the Ocean, Our Coasts, and the Great 

Lakes 

On July 19, 2010, the President signed 

Executive Order 13547 (Order) 

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 

BOEM actions affect the ocean or coast, 

the Order requires BOEM to take such 

action as necessary to implement the 

policy, stewardship principles, and 

national priority objectives adopted by 

the Order, with guidance from the 

National Ocean Council. 

BOEM appreciates the importance of 

coordinating its planning endeavors 

with other OCS users and regulators and 

intends to follow principles of coastal 

and marine spatial planning, and 

coordinate with the regional planning 

bodies as established by the National 

Ocean Council. BOEM anticipates that 

continued coordination with the state 

Renewable Energy Task Forces will help 

inform comprehensive coastal and 

marine spatial planning efforts. BOEM 

also anticipates that tools developed to 

enhance regional ocean planning efforts, 

such as the Northeast Ocean Data Portal, 

will help inform its leasing processes. 

The Northeast Ocean Data Portal was 

launched in June 2011 and contains 

regional spatial data for New England’s 

coasts and ocean waters, and is 

available at http:// 

www.northeastoceandata.org/. 

Department of the Interior ‘‘Smart 

From the Start’’ Atlantic Wind 

Initiative 

Secretary Ken Salazar announced the 

Smart from the Start wind energy 

initiative for the Atlantic OCS on 

November 23, 2010. The key element of 

this initiative that relates to commercial 

wind leasing off Massachusetts is the 

identification of a Wind Energy Area 

(WEA) to be analyzed in an 

environmental assessment (EA) for the 

purpose of supporting lease issuance 

and initial on-lease activities. A WEA is 

a portion of the Call Area that appears 

to be suitable for the consideration of 

wind energy development based on 

information concerning wind energy 

potential, natural resources, competing 

uses, and other relevant issues. BOEM is 

using the planning notices it publishes 

(the December 2010 RFI and this Call), 

responses to these notices, and 

consultation with interested and 

affected parties through the BOEM 

Massachusetts Renewable Energy Task 

Force, to develop and designate a WEA 

on the OCS off Massachusetts. A WEA 

may be identified at the Area 

Identification stage of the planning and 

leasing process. A description of 

BOEM’s deliberations to date, which 

have led to delineation of the Call Area, 

is presented in the section of this notice 

entitled, ‘‘Development of the Call 

Area.’’ 

BOEM/Massachusetts Renewable 

Energy Task Force 

BOEM established the BOEM 

Massachusetts Renewable Energy Task 

Force in November 2009 to facilitate 

coordination among affected Federal 

agencies and state, local, and tribal 

governments throughout the OCS 

renewable energy leasing and 

development process. Task Force 

meeting materials are available on the 

BOEM Web site at http:// 

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

Massachusetts.aspx. 

Environmental Review Process 

BOEM intends to prepare an 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 the Call Area. 

BOEM is publishing, concurrently with 

this Call, a Notice of Intent (NOI) to 

prepare an EA, which seeks public 

input in identifying the environmental 

issues and alternatives to be considered 

in the EA. 

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. The EA will 

consider, at a minimum, two 

alternatives: (1) No action, (i.e. no 

issuance of leases or approval of site 

assessment activities), and (2) the 

issuance of leases and approval of site 

assessment activities within the Call 

Area. The NOI solicits input on the 

environmental effects associated only 

with the activities described above. The 

environmental effects of the 

construction or operation of any wind 

energy facility would be considered 

under a separate National 

Environmental Policy Act (NEPA) 

environmental review process. 

Several consultations will be 

conducted concurrently with, and 

integrated into, the current NEPA/EA 

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, 

Section 106 of the National Historic 

Preservation Act (NHPA), and Executive 

Order 13175—‘‘Consultation and 

Coordination with Tribal 

Governments.’’ The results of these 

consultations will assist BOEM in 

deciding whether and where leases may 

be issued. 

BOEM intends to conduct review 

under Section 106 of the NHPA in 

coordination with NEPA review and 

preparation of the EA (36 CFR 

800.8(3)(c)). 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, BOEM 

will conduct consultations pursuant to 

Section 106, seeking comment from 

State Historic Preservation Officers, 

local governments, tribal governments, 

and organizations and individuals with 

a demonstrated interest in the Call Area. 

Furthermore, as permitted by 36 CFR 

800.2(d)(3), BOEM will use public 

information sessions as public 

involvement opportunities in lieu of the 

public involvement requirements set 

forth in Federal regulations issued 

pursuant to the NHPA. Finally, 

pursuant to Executive Order 13175, 

BOEM has initiated government-togovernment tribal consultation with 

three Federally-recognized tribes that 

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Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Notices 5823 

have a demonstrated interest in the Call 

Area. 

Actions Taken by the Commonwealth of 

Massachusetts in Support of Offshore 

Renewable Energy Development 

BOEM recognizes the importance of 

the steps that the Commonwealth of 

Massachusetts has taken to encourage 

environmentally-sound offshore wind 

energy development. While a state may 

promote such development, BOEM 

retains the exclusive authority to issue 

leases, easements, and rights-of-way on 

the OCS for renewable energy purposes. 

The following information is a summary 

of the initiatives and actions undertaken 

by the Commonwealth of Massachusetts 

to promote the development of wind 

energy on the OCS. 

The Commonwealth of Massachusetts 

has been working proactively to foster 

commercial wind development on the 

OCS off Massachusetts for several years. 

The Massachusetts RFI that BOEM 

issued on December 29, 2010 (75 FR 

82055), briefly described several of the 

Commonwealth’s key initiatives, 

including formulation of the 

Massachusetts Ocean Management 

Plan. The Massachusetts Ocean 

Management Plan and related 

information are available from the 

Commonwealth at http:// 

www.mass.gov/eea/mop. 

In addition, the Commonwealth of 

Massachusetts has established a 

Fisheries Working Group on Offshore 

Renewable Energy to discuss issues and 

compatibilities between commercial 

fishing activities and offshore 

commercial wind energy development, 

and a Habitat Working Group on 

Offshore Renewable Energy to discuss 

available ecosystem data and 

information within the area under 

consideration and identify gaps therein. 

To inform these discussions, the 

Commonwealth has collected and 

presented spatial information and data 

for the RFI area regarding marine 

mammals, avifauna, bathymetry, 

surficial geology, commercial ship 

traffic, and recreational boating, and 

made it available at http:// 

www.mass.gov/moris. The 

Commonwealth has conducted more 

than 30 public meetings and stakeholder 

sessions in Boston, New Bedford, 

Martha’s Vineyard, and Nantucket to 

discuss the Federal offshore wind 

leasing process. BOEM supports the 

Commonwealth’s efforts in engaging the 

public and stakeholders in the planning 

process for renewable energy 

development on the OCS. 

BOEM’s Planning and Leasing Process 

BOEM has been involved in a 

planning process for renewable energy 

on the OCS off the coast of 

Massachusetts since the establishment 

of the BOEM Massachusetts Renewable 

Energy Task Force in 2009. BOEM 

coordinated with the Massachusetts 

Renewable Energy Task Force on the 

development of the December 2010 RFI 

and this Call. BOEM also collaborated 

with the State of Rhode Island and the 

Commonwealth of Massachusetts jointly 

on the development of the Call for the 

Area of Mutual Interest (AMI), 

published in the Federal Register on 

August 18, 2011, under Docket ID 

‘‘BOEM–2011–0049.’’ In addition, 

BOEM participated in the state-hosted 

public information sessions with 

stakeholders from both states to provide 

information regarding BOEM’s planning 

process. Additional information, 

including presentations and materials 

from the public information sessions 

and the Task Force meetings, can be 

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

Renewable-Energy-Program/StateActivities/Massachusetts.aspx. 

Determination of Competitive Interest 

The first step in the leasing process is 

to determine whether or not there is any 

interest in acquiring a lease within the 

Call Area. At the same time, BOEM can 

determine whether there is overlapping 

interest in any particular portion of the 

Call Area that would result in the need 

for a competitive process. At the 

conclusion of the comment period for 

this Call, BOEM will review the 

nominations received, undertake a 

completeness review and a 

qualifications review, and determine 

whether competitive interest exists in 

any specific location within the Call 

Area. 

If two nominated areas of interest 

fully or partially overlap, BOEM may 

proceed with competitive leasing as 

described in the section of this Call 

entitled ‘‘Competitive Leasing Process.’’ 

For areas where BOEM determines that 

there is no competitive interest, BOEM 

may proceed with noncompetitive 

leasing described in the section herein 

entitled ‘‘Non-Competitive Leasing 

Process.’’ While BOEM anticipates that 

this Call would result in multiple 

nominations for particular areas, 

indicating competitive interest exists, it 

is possible that the responses to the Call 

could result in a competitive process, a 

noncompetitive process, or partially 

both. BOEM may consult with the 

BOEM Massachusetts Renewable Energy 

Task Force throughout the leasing 

process. 

Situations may arise in which several 

parties nominate areas that do not 

overlap. Under these circumstances, 

BOEM 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. 

BOEM may consult with the BOEM 

Massachusetts Renewable Energy Task 

Force in determining the need for, and/ 

or use of, 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, BOEM proceeds with the 

competitive leasing process for certain 

areas, it would follow the steps required 

by 30 CFR 585.211 through 585.225: 

(1) Area Identification: Based on the 

information submitted in response to 

this Call, BOEM would identify the 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, and 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 (PSN): If 

BOEM decides to proceed with lease 

issuance in the area, BOEM would first 

complete the analyses necessary to 

inform the issuance of the PSN, 

including any final NEPA 

documentation, the Consistency 

Determination as required by the CZMA 

and its implementing regulations, and 

various analyses of proposed lease sale 

economic terms and conditions. BOEM 

would then 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, and the proposed auction 

format, lease document, and lease 

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5824 Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Notices 

provisions/stipulations. Additionally, 

the PSN would describe the criteria and 

process for evaluating bids. The 

comment period following issuance of a 

PSN is 60 days. 

(3) Final Sale Notice (FSN): If BOEM 

decides to proceed with lease issuance 

after considering comments on the PSN, 

it would publish the FSN in the Federal 

Register at least 30 days before the date 

of the lease sale. 

(4) Bid Submission and Evaluation: 

Following publication of the FSN in the 

Federal Register, qualified bidders 

would be able to submit their bids to 

BOEM in accordance with procedures 

specified in the FSN. The bids, 

including any required deposits, would 

be reviewed for technical and legal 

adequacy. BOEM would evaluate the 

bids to determine if the bidder had 

complied with all applicable 

regulations. BOEM always reserves the 

right to reject any or all bids and the 

right to withdraw an offer to lease an 

area. 

(5) Issuance of a Lease: Following the 

selection of a winning bid(s) by BOEM, 

the submitter(s) would be notified of the 

decision and provided a set of official 

lease documents for execution. The 

successful bidder(s) 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 

documents. Upon receipt of the required 

payments, financial assurance, and 

properly executed lease forms, BOEM 

would issue a lease to the successful 

bidder(s). 

Noncompetitive Leasing Process 

If, after evaluating the responses to 

this Call, BOEM 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 585.232, as 

amended by the rulemaking which took 

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

Should BOEM decide to proceed with 

the noncompetitive leasing process, it 

would ask if the sole respondent who 

nominated a particular area wants to 

proceed with acquiring the lease, and if 

so, the respondent must submit an 

acquisition fee as specified by 30 CFR 

585.502(a). After receiving the 

acquisition fee, BOEM would follow the 

process outlined in 30 CFR 585.231. 

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 

585.231(d)(2)(i). 

BOEM will comply with the 

requirements of NEPA, CZMA, ESA, 

NHPA, and other applicable Federal 

statutes before issuing a lease 

noncompetitively. BOEM would 

coordinate and consult, as appropriate, 

with relevant Federal agencies, affected 

tribes, and 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 

for such a lease. 

It is possible that responses to this 

Call may result in a determination that 

there is competitive interest in acquiring 

leases in some areas but not in others. 

BOEM will announce publicly its 

determinations before proceeding with 

any type of leasing process. 

Description of the Call Area 

The Call Area is located off the coast 

of Massachusetts, beginning 

approximately 12 nautical miles (nmi) 

south of Martha’s Vineyard and 13 nmi 

southwest of Nantucket. From its 

northern boundary, the Call Area 

extends 33 nmi southward to the 60 

meter depth contour and has an east/ 

west extent of approximately 47 nmi. 

The Call Area is approximately 826,241 

acres or 975 square nmi in size and 

contains 132 whole OCS lease blocks as 

well as 19 partial blocks. 

The following full OCS lease blocks 

are included within the Call Area: 

In Providence NK19–07: 6976, 6977, 6978, 

7022, 7023, 7024, 7025, 7026, 7027, 7028, 

7029, 7072, 7073, 7074, 7075, 7076, 7077, 

7078, 7079, 7118, 7119, 7120, 7121, 7122, 

7123, 7124, 7125, 7126, 7127, 7128, 7129; 

In Block Island Shelf NK19–10: 6019, 6020, 

6021, 6022, 6023, 6024, 6025, 6026, 6027, 

6028, 6029, 6030, 6069, 6070, 6071, 6072, 

6073, 6074, 6075, 6076, 6077, 6078, 6079, 

6080, 6081, 6082, 6083, 6084, 6125, 6126, 

6127, 6128, 6129, 6130, 6131, 6132, 6133, 

6134, 6175, 6176, 6177, 6178, 6179, 6180, 

6181, 6182, 6183, 6184, 6225, 6226, 6227, 

6228, 6229, 6230, 6231, 6232, 6233, 6234, 

6275, 6276, 6277, 6278, 6279, 6280, 6281, 

6282, 6283, 6284, 6325, 6326, 6327, 6328, 

6329, 6330, 6331, 6332, 6333, 6334, 6376, 

6377, 6378, 6379, 6380, 6381, 6382, 6383, 

6384; and 

In Hydrographer Canyon NK19–11: 6051, 

6052, 6101, 6102, 6151, 6152, 6201, 6202, 

6251, 6252, 6301, 6302, 6351, 6352. 

Parts of the following OCS lease 

blocks are included within the Call Area 

as listed in the following table: 

LIST OF PARTIAL OCS BLOCKS IN THE CALL AREA

Protraction name Protraction No. Block No. Sub block 

Providence ................................................... NK19–07 ..................................................... 6972 M,N,O,P. 

Providence ................................................... NK19–07 ..................................................... 6973 M,N,O,P. 

Providence ................................................... NK19–07 ..................................................... 6974 L,M,N,O,P. 

Providence ................................................... NK19–07 ..................................................... 6975 D,F,G,H,I,J,K,L,M,N,O,P. 

Block Island Shelf ........................................ NK19–10 ..................................................... 6119 A,B,C,D,E,F,G,H,I,J,K,L,M,N,O. 

Block Island Shelf ........................................ NK19–10 ..................................................... 6120 A,B,C,D,E,F,G,H,I,J,K,L. 

Block Island Shelf ........................................ NK19–10 ..................................................... 6121 A,B,C,D,E,F,G,H,I,J,K,L. 

Block Island Shelf ........................................ NK19–10 ..................................................... 6122 A,B,C,D,E,F,G,H,I,J,K,L. 

Block Island Shelf ........................................ NK19–10 ..................................................... 6123 A,B,C,D,E,F,G,H,I,J,K,L. 

Block Island Shelf ........................................ NK19–10 ..................................................... 6124 A,B,C,D,E,F,G,H,I,J,K,L,N,O,P. 

Block Island Shelf ........................................ NK19–10 ..................................................... 6169 A,B,C,E,F,G,I,J,K,M,N,O. 

Block Island Shelf ........................................ NK19–10 ..................................................... 6174 B,C,D,F,G,H,J,K,L,N,O,P. 

Block Island Shelf ........................................ NK19–10 ..................................................... 6219 A,B,C,E,F,G,I,J,K,M,N,O. 

Block Island Shelf ........................................ NK19–10 ..................................................... 6224 B,C,D,F,G,H,J,K,L,N,O,P. 

Block Island Shelf ........................................ NK19–10 ..................................................... 6269 A,B,C,E,F,G,I,J,K,M,N,O. 

Block Island Shelf ........................................ NK19–10 ..................................................... 6428 A,B,C,D,E,F,G,H,I,J,K,L. 

Block Island Shelf ........................................ NK19–10 ..................................................... 6429 A,B,C,D,E,F,G,H,I,J,K,L. 

Block Island Shelf ........................................ NK19–10 ..................................................... 6430 A,B,C,D,E,F,G,H,I,J,K,L. 

Block Island Shelf ........................................ NK19–10 ..................................................... 6431 A,B,C,D,E,F,G,H,I,J,K. 

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Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Notices 5825 

The boundary of the Call Area follows 

the points listed in the table below in 

clockwise order. Point numbers 1 and 

31 are the same. Coordinates are 

provided in X, Y (eastings, northings) 

UTM Zone 19N, NAD 83 and geographic 

(longitude, latitude), NAD83. 

Massachusetts Call Area Boundary 

Point No. X (easting) Y (northing) Longitude Latitude 

1 ............................................................................................... 364400 4555200 ¥70.615653 41.136789 

2 ............................................................................................... 380000 4555200 ¥70.429840 41.139245 

3 ............................................................................................... 380000 4550400 ¥70.428902 41.096020 

4 ............................................................................................... 384800 4550400 ¥70.371762 41.096715 

5 ............................................................................................... 384800 4531200 ¥70.368180 40.923806 

6 ............................................................................................... 413600 4531200 ¥70.026196 40.927357 

7 ............................................................................................... 413600 4497600 ¥70.021549 40.624717 

8 ............................................................................................... 389600 4497600 ¥70.305250 40.621859 

9 ............................................................................................... 389600 4495200 ¥70.304830 40.600243 

10 ............................................................................................. 388400 4495200 ¥70.319009 40.600082 

11 ............................................................................................. 388400 4494000 ¥70.318797 40.589275 

12 ............................................................................................. 370400 4494000 ¥70.531439 40.586651 

13 ............................................................................................. 370400 4497600 ¥70.532179 40.619071 

14 ............................................................................................. 360800 4497600 ¥70.645631 40.617510 

15 ............................................................................................. 360800 4502400 ¥70.646693 40.660734 

16 ............................................................................................. 356000 4502400 ¥70.703452 40.659911 

17 ............................................................................................. 356000 4512000 ¥70.705656 40.746356 

18 ............................................................................................. 352400 4512000 ¥70.748279 40.745718 

19 ............................................................................................. 352400 4522800 ¥70.750833 40.842965 

20 ............................................................................................. 330800 4522800 ¥71.006912 40.838793 

21 ............................................................................................. 330800 4507200 ¥71.002689 40.698345 

22 ............................................................................................. 327200 4507200 ¥71.045274 40.697598 

23 ............................................................................................. 327200 4540800 ¥71.054600 41.000088 

24 ............................................................................................. 346400 4540800 ¥70.826429 41.003931 

25 ............................................................................................. 346400 4551600 ¥70.829121 41.101169 

26 ............................................................................................. 359600 4551600 ¥70.671998 41.103557 

27 ............................................................................................. 359600 4552800 ¥70.672272 41.114362 

28 ............................................................................................. 362000 4552800 ¥70.643698 41.114774 

29 ............................................................................................. 362000 4554000 ¥70.643967 41.125579 

30 ............................................................................................. 364400 4554000 ¥70.615387 41.125983 

31 ............................................................................................. 364400 4555200 ¥70.615653 41.136789 

Map of the Call Area 

A map of the Call Area is available at 

the following URL: http:// 

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

Massachusetts.aspx. A large scale map 

of the Call Area showing its boundaries, 

and with 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. 

Development of the Call Area 

The Call Area was identified by 

BOEM after consideration of the 

comments received in response to the 

December 2010 RFI, which are 

described below, and further delineated 

in consultation with the BOEM 

Massachusetts Renewable Energy Task 

Force. Specific mitigation, stipulations, 

or exclusion areas may be developed as 

a result of: (1) Consultations with 

appropriate Federal, state, and local 

agencies, and Indian Tribes, (2) 

comments and information received in 

response to this Call, (3) continued 

coordination with the BOEM 

Massachusetts Renewable Energy Task 

Force, and (4) the EA for which BOEM 

is concurrently publishing a NOI in the 

Federal Register. 

Responses to the December 2010 RFI 

BOEM received a total of 11 

expressions of interest from 10 

individual entities in response to the 

December 2010 RFI. A table showing the 

interested parties and the OCS blocks 

nominated for leasing is available at the 

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

offshore/RenewableEnergy/PDFs/state

activities/MA/CommercialIndicationsof

Interest4-22-11.pdf. 

BOEM also received 247 comments 

from members of the public as well as 

state and Federal agencies. The 

comments received in response to the 

December 2010 RFI are available at the 

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

Renewable-Energy-Program/StateActivities/Massachusetts.aspx. 

BOEM will continue to consider all 

comments submitted in response to the 

RFI throughout the leasing process. In 

particular, the comments submitted in 

response to the RFI related to 

commercial wind energy leasing and 

site assessment activities and site 

characterization surveys will be 

analyzed in the EA (refer to the 

concurrently published NOI). The 

comments submitted in response to the 

RFI related to commercial wind energy 

development (e.g. construction, 

operation, decommissioning) will be 

considered in the NEPA analysis that 

will be conducted when these 

development activities are subject to a 

BOEM decision. A brief summary of the 

comments is provided below. 

The comments that BOEM received 

ranged over a variety of topics in 

addition to general support or 

opposition, including avian resources, 

coastal and marine spatial planning 

(CMSP), community-owned projects, 

fishing activities and fishery resources, 

historic properties and national natural 

landmarks, marine mammal resources, 

the NEPA process, shipping and 

navigation, tribal resources, viewshed, 

and the Cape Wind Energy Project. 

Many commenters—including the 

Nature Conservancy, National Oceanic 

and Atmospheric Administration 

(NOAA), National Marine Fisheries 

Service (NMFS), and the Sierra Club— 

submitted maps showing information 

related to particular resources 

overlapping with the RFI area. The 

comments received by BOEM are 

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5826 Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Notices 

available at the following link: http:// 

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

Massachusetts.aspx. 

Avian resources 

Comments regarding the potential 

impact of offshore commercial wind 

energy development to avian species 

were received from The Humane 

Society of the United States, 

Massachusetts (Mass) Audubon Society, 

and the National Wildlife Federation. 

The Humane Society recommended a 

requirement for multiple years of preconstruction monitoring. Mass Audubon 

Society noted that the RFI area includes 

two species of concern: Long tailed 

ducks and roseate terns. Mass Audubon 

recommended multi-year studies on 

these species’ individual movements 

using radio or satellite transmitters and 

aerial and boat surveys to identify the 

potential risk to the endangered roseate 

tern and the state-listed common tern 

from any wind energy development in 

the Muskeget Shoals area. Mass 

Audubon identified an area offshore 

Massachusetts that appears to overlap 

with the RFI area that has been 

identified as globally significant habitat 

for long tailed ducks and indicated that 

data collected from 1997 to 2011 

demonstrate that approximately 30 

percent of the global breeding 

population of long tailed ducks 

completes a daily commute from 

Nantucket Sound to forage on high 

concentrations of pelagic amphipods in 

the waters immediately west of 

Nantucket Shoals. 

Coastal and Marine Spatial Planning 

(CMSP) 

Comments related to CMSP were 

received from Alliance to Protect 

Nantucket Sound, Conservation Law 

Foundation, Environmental 

Entrepreneurs, Fishing Vessel Holly and 

Abby, Martha’s Vineyard Commission, 

National Marine Fisheries Service, New 

England Fishery Management Council, 

Oceans Public Trust Initiative, Sandy 

Hook Pilots, Sierra Club, and individual 

citizens. Comments included concerns 

that the process used to identify the RFI 

would circumvent the CMSP process. 

Recommendations requested that BOEM 

use the principles of the National Ocean 

Policy, particularly CMSP, prior to the 

siting of wind facilities offshore 

Massachusetts. The Sierra Club 

recommended that BOEM coordinate its 

CMSP efforts with existing plans and 

policies and with the CMSP activities of 

the Northeast Regional Ocean Council. 

Community-Owned Projects 

BOEM received comments related to 

community-owned projects from the 

Commonwealth of Massachusetts, State 

Representative Timothy Madden, 

Martha’s Vineyard Commission, Town 

of Oak Bluffs, members of the Vineyard 

Power Cooperative, and individual 

citizens. BOEM received many 

comments that requested BOEM to give 

priority to applications that include a 

community-owned component, reduce 

the financial and technical qualification 

requirements for community-owned 

projects that express interest in the RFI 

area, and set aside specific blocks for 

community-owned development within 

the RFI area. The Martha’s Vineyard 

Commission recommended that BOEM 

involve affected communities early in 

the process and establish a fund to assist 

with mitigation of effects on local 

communities, and that developers 

should be encouraged to work with 

local communities to facilitate 

construction of community-owned wind 

projects. 

Fishing Activities and Fishery 

Resources 

Comments related to fishing activities 

and fishery resources were received 

from the American Alliance of 

Fishermen, Atlantic Capes Fisheries, 

City of New Bedford Mayor Scott Lang, 

Commonwealth of Massachusetts, 

Conservation Law Foundation, David 

Frulla, Kelly Drye & Warren LLP, 

Fishing Vessel Holly and Abby, GAO 

Associates, Hunter Scalloping 

Company, Martha’s Vineyard 

Commission, National Wildlife 

Federation, New England Fishery 

Management Council, NMFS, The 

Nature Conservancy, Sierra Club, and 

individual citizens. Comments included 

concerns about insufficient outreach to 

fishermen and concerns related to 

potential impacts to the commercial 

fishing industry from commercial wind 

energy development of the RFI area. The 

American Alliance of Fishermen, City of 

New Bedford Mayor Scott Lang, and the 

Commonwealth of Massachusetts 

requested that extensive studies be 

conducted of stocks west of the 70° 

longitude line and that OCS blocks 

within the RFI area east of the 70° 

longitude line be excluded from further 

consideration in order to protect 

valuable fisheries resources. BOEM has 

already acted on the latter request, thus 

reducing the size of the Call Area from 

that of the originally-proposed RFI area. 

The Nature Conservancy submitted 

information from the Northwest Atlantic 

Marine Ecoregional Assessment, 

including maps that show information 

related to average pounds of catch of 

certain fish species (cod, yellowtail 

flounder, winter flounder, sea scallop, 

etc.) overlapping the RFI area. 

NMFS identified designated essential 

fish habitat (EFH) for multiple species 

within the RFI area for a range of 

federally managed species. NMFS 

indicated that complex benthic 

substrates vulnerable to disturbances are 

located within the RFI area, and 

included maps of certain ecologically 

important factors within the RFI area. 

NMFS noted that specific proposals 

within the RFI area must include an 

expanded EFH assessment under the 

federal review process. NMFS indicated 

there are many critical resources in the 

RFI area, including habitat for 

endangered species and federally 

managed fishing resources, and 

included information as to locations of 

critical habitat as well as fishery 

management areas such as the 

Nantucket Lightship Closed Access Area 

and the Nantucket Lightship Habitat 

Closure Area. NMFS also described 

fishery activities and associated fishery 

resources within the RFI area, and 

included maps of specific fishing 

activity for the RFI area using Vessel 

Trip Report data for five types of fishing 

activities from 2006–2012. The New 

England Fishery Management Council 

identified active fishing grounds for 

species within the RFI area and 

recommended BOEM obtain 

information on species distribution, 

fishing effort, and revenues from NMFS. 

The New England Fishery Management 

Council also noted the RFI area 

encompasses EFH for a broad range of 

federally managed species, and 

requested that projects in the area and 

their accompanying NEPA documents 

include an expanded EFH impact 

assessment. 

The American Alliance of Fishermen 

requested that BOEM conduct 

additional studies on tuna and 

swordfish, and fishery stocks that have 

not been reported on, such as squid, 

winter flounder, lobster, scup, whiting, 

black sea bass, skates and dogfish. The 

Sierra Club recommended that BOEM 

consider the relationship of the RFI area 

to the EFH Omnibus Amendment 

process underway by the New England 

Fishery Management Council. David 

Frulla, Kelley Drye & Warren LLP, on 

behalf of the Fisheries Survival Fund, 

suggested that BOEM use the following 

sources of information when identifying 

fishing grounds: Vessel Monitoring 

System data, Vessel Trip Reports, Swept 

Area Seafloor Impact Model (to identify 

fishing impacts on essential fish 

habitats), and Scallop Survey Data. 

Comments also included concerns 

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Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Notices 5827 

regarding commercial wind energy 

development and interference with 

vessel radar systems, and exclusions by 

fishing vessel insurance companies. 

The Martha’s Vineyard Commission 

expressed support for the 

Commonwealth’s Fisheries Working 

Group on Offshore Renewable Energy 

and recommended extensive mapping of 

fishing and fish resource areas. The 

Martha’s Vineyard Commission also 

recommended that developers work 

with the fishing community to 

implement practices that minimize the 

impact on fishing, such as assistance 

with increased insurance costs and 

coordination of cable-laying. Atlantic 

Capes Fisheries recommended areas 

rich in scallops and other fisheries such 

as the Nantucket Lightship Area and the 

eastern area of the RFI be removed from 

leasing consideration and that areas the 

New England Fishery Management 

Council would make permanent 

closures for habitat be considered as 

preferred and initial leasing targets 

provided that other major 

environmental resources are not 

compromised. 

National Natural Landmarks 

BOEM received comments from the 

National Park Service regarding two 

designated National Natural Landmarks 

that are located in proximity to the RFI 

area: Gay Head Cliffs, located at the 

southwest end of Martha’s Vineyard and 

Muskeget Island, located off the western 

tip of Nantucket. The National Park 

Service noted that Federal agencies 

should consider the existence and 

location of designated National Natural 

Landmarks in assessing the effects of 

their activities on the environment 

under section 102(2)(c) of NEPA (42 

U.S.C. 4321). The National Park Service 

recommended consideration of the 

status of Gay Head Cliffs and Muskeget 

Island as registered National Natural 

Landmarks in evaluating the probable 

impact of the proposed activity on the 

public interest. The National Park 

Service noted that increased erosion 

impacts to the cliffs, changes to 

sediment transport, and impacts to grey 

seal breeding areas (Muskeget being 

considered one of the southernmost 

breeding areas) are of particular 

concern. 

Marine Mammal Resources 

BOEM received comments related to 

marine mammal resources from the 

Commonwealth of Massachusetts, The 

Humane Society of the United States, 

Marine Mammal Commission, National 

Wildlife Federation, NMFS, The Nature 

Conservancy, Sierra Club, Whale and 

Dolphin Conservation Society, and 

individual citizens. Comments included 

concerns that insufficient baseline data 

is currently available about marine 

mammals or their habitats and 

recommendations to initiate monitoring 

and baseline studies to acquire 

additional information. Comments also 

indicated that many species of marine 

mammals have been sighted within the 

RFI area, including harbor porpoises 

and endangered North Atlantic right 

whales. The Nature Conservancy 

submitted information from the 

Northwest Atlantic Marine Ecoregional 

Assessment, including maps that show 

information related to important marine 

mammal areas overlapping the RFI area. 

The Humane Society of the United 

States expressed reservations regarding 

the data provided on the Massachusetts 

Ocean Management Plan Web site, and 

stated that monitoring should be 

required immediately using aerial and 

vessel-based surveys and passive 

acoustic monitoring. The Humane 

Society of the United States also 

expressed concern regarding the 

changes to migration patterns and 

potential for increased vessel collisions. 

NMFS indicated several species of 

marine mammals are common residents 

or occasional visitors to the RFI area, 

included locations of critical habitat for 

several species, and noted the 

consultation requirements for Section 

7(a)(2) of the ESA, and the similar 

requirements of the Marine Mammal 

Protection Act. The Marine Mammal 

Commission requested that BOEM 

consult with NMFS, U.S. Fish and 

Wildlife Service, the Marine Mammal 

Commission, and the Army Corps of 

Engineers to develop a set of standards 

for the collection of baseline 

information on marine mammals and 

their environment, and identify and 

address any significant data gaps, before 

initiating the leasing process for 

renewable energy operations. The 

Marine Mammal Commission also 

expressed concerns regarding vessel 

collisions with marine mammals, 

marine mammal collisions with 

turbines, toxic chemical spills from 

turbines, and the unknown effects of 

electromagnetic fields. 

NEPA Process 

BOEM received comments from the 

Alliance to Protect Nantucket Sound, 

Defenders of Wildlife, Environmental 

Entrepreneurs, Marine Mammal 

Commission, and Oceans Public Trust 

Initiative, about the NEPA process. The 

Alliance to Protect Nantucket Sound, 

Defenders of Wildlife, Marine Mammal 

Commission, and Oceans Public Trust 

Initiative recommended that DOI 

develop an Environmental Impact 

Statement rather than an EA at the 

leasing stage. 

The Environmental Entrepreneurs 

supported the ‘‘Smart from the Start’’ 

initiative to streamline the process and 

requested that BOEM incorporate the 

Offshore Wind Development Coalition’s 

principles for offshore wind leasing into 

the initiative to make it easier for wind 

developers to obtain preliminary, 

exclusive leases for site exploration 

while still ensuring that there will be 

full environmental review when an 

actual project is proposed. 

Shipping and Navigation 

BOEM received comments related to 

shipping and navigation from the U.S. 

Coast Guard First District, American 

Association of Port Authorities, The 

American Waterways Operators, Sandy 

Hook Pilots, Port Authority of New York 

and New Jersey, Commonwealth of 

Massachusetts, and individual citizens. 

Comments focused on concerns 

regarding commercial wind energy 

development overlapping or in 

proximity to existing Traffic Separation 

Schemes (TSS). The U.S. Coast Guard 

First District suggested that OCS blocks 

overlapping with and in proximity to 

the Boston and Nantucket to Ambrose 

TSS be highlighted for possible 

exclusion or imposition of mitigation 

measures. The U.S. Coast Guard First 

District also suggested that historical 

Automated Identification System (AIS) 

data be used to determine vessel traffic 

density, recommended that the 

consequences of funneling traffic into 

the traffic lane or closer to shore be 

identified, and suggested a study of 

potential impacts of offshore wind 

energy development on the U.S. Coast 

Guard’s ability to conduct search and 

rescue missions. 

The American Waterways Operators 

expressed concerns related to the 

placement of wind turbines and impacts 

to navigation and operation safety, and 

suggested that BOEM exclude areas for 

wind development that are within at 

least 800 meters from a TSS. BOEM has 

already excluded, in consultation with 

the U.S. Coast Guard, aliquot parts of 

OCS blocks within 1 nmi of the TSS 

from the Call Area. The American 

Waterways Operators expressed support 

for BOEM’s use of AIS to identify vessel 

traffic patterns, and requested BOEM 

consult with maritime industry 

stakeholders as part of the NEPA 

scoping process. The American 

Association of Port Authorities 

recommends that future RFIs exclude 

areas near a TSS before the official 

release of the RFI, and recommends that 

BOEM use U.S. Coast Guard personnel 

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5828 Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Notices 

and resources to analyze the AIS data 

and provide recommendations. 

Tribal Resources 

BOEM received comments from the 

Martha’s Vineyard Commission, 

National Wildlife Federation, and the 

Town of Oak Bluffs regarding tribal 

resources. The Martha’s Vineyard 

Commission recommended that BOEM 

involve tribal representatives in all 

stages and aspects of the process of 

planning, research, project selection, 

and project design. The Town of Oak 

Bluffs expressed support for the 

Wampanoag Tribe of Gayhead’s 

(Aquinnah) request that any project less 

than 21 miles offshore should be 

reviewed with particular sensitivity to 

tribal concerns and historic scenic 

views. 

Viewshed 

BOEM received comments from the 

Martha’s Vineyard Commission, 

National Wildlife Federation, and the 

Town of Oak Bluffs related to viewshed 

concerns. The Martha’s Vineyard 

Commission requested that BOEM 

should work to mitigate any impacts to 

scenic views through siting and turbine 

configuration. The Town of Oak Bluffs 

expressed concern about the effects of 

the RFI on historic and scenic 

viewscapes. The National Wildlife 

Federation recommended that the 

Federal Government fully pursue its 

government-to-government consultation 

obligation by reaching out directly to 

tribes and ensure that the appropriate 

tribal officials and tribal staff have been 

fully consulted, involving more than an 

official letter of notice, and including 

every possible communication method 

(letter, email, phone, and face-to-face 

meetings). The National Wildlife 

Federation also recommended the 

Federal Government fully address and 

pursue measures to minimize and fully 

mitigate impacts to tribal cultural, 

wildlife, water and other natural 

resources, with the ultimate objective of 

having no impact on those resources or 

traditional properties. 

The Cape Wind Energy Project 

BOEM received comments from the 

Alliance to Protect Nantucket Sound, 

Oceans Public Trust Initiative, and 

individual citizens expressing concerns 

regarding the Cape Wind Energy Project. 

Comments included general opposition 

to the Cape Wind Energy Project and 

stated that BOEM should consider the 

RFI area as an alternative site to the 

Cape Wind Energy Project. The Alliance 

to Protect Nantucket Sound and Oceans 

Public Trust Initiative expressed that 

the RFI area demonstrates that there are 

alternative locations to Cape Wind’s 

location in Nantucket Sound. The 

Oceans Public Trust Initiative suggested 

that DOI disapprove the Cape Wind 

project. 

Additional Task Force Membership 

Comments 

Issues discussed through consultation 

with the BOEM/Massachusetts 

Renewable Energy Task Force, and areas 

where site-specific stipulations may be 

required are described below. NMFS 

noted that the Call Area overlaps with 

the Nantucket Lightship Groundfish 

Closed Area, and also noted the New 

England Fishery Management Council 

(NEFMC) is considering a range of new 

possible habitat closed area alternatives 

because of habitat vulnerability within 

proximity to the Call Area, such as Cox 

Ledge and Nantucket Shoals. NMFS 

provided in its comment the following 

references for detailed information 

regarding areas that are actively 

managed by NMFS: http:// 

www.nero.noaa.gov/nero/fishermen/ 

charts.html and http:// 

www.nero.noaa.gov/nero/regs/info.html. 

NMFS noted this information is 

important for developers when 

considering proposed cable routes as 

well as potential for interactions with 

fishing activities displaced from these 

closed areas. Concerning cables, NMFS 

further identified the need for BOEM to 

proactively develop cable corridors in 

order to minimize the cumulative 

impact of multiple cables from sites 

within a Wind Energy Area to shore. 

BOEM has requested information 

regarding potential cable configurations 

and consolidations from nominators 

that submit a response to this Call (refer 

to the section entitled ‘‘Required 

Nomination Information’’), and will 

consider the information it receives in 

response to the Call as it moves forward 

with the leasing and planning process 

and in the EA. 

NMFS made recommendations 

concerning several other aspects of 

potential OCS development. NMFS 

recommended that information 

generated by lessees through site 

assessment and leasing activities be 

made public and used to populate the 

National Ocean Council’s ‘‘National 

Information Management System,’’ and/ 

or regional data portals. The Northeast 

Regional Ocean Council (NROC) has 

been working with a partnership of 

government agencies, non-government 

organizations, and academic entities to 

develop a Northeast Ocean Data Portal, 

which can be accessed at: http:// 

northeastoceandata.org/. NMFS also 

recommended the Call acknowledge the 

issue of climate change and the 

anticipated shift in fishery resource 

populations as well as shifts in fishing 

activities. NMFS also recommended that 

BOEM require coordinated fisheries 

studies once leases have been issued to 

ensure a consistent fishery research 

methodology throughout the area and 

minimize duplicative costs to 

developers. 

Department of Defense (DoD) Activities 

The DoD conducts offshore testing, 

training, and operations on the OCS. 

BOEM will consult with the DoD about 

all areas nominated for leasing to ensure 

that any future development can be 

compatible with defense activities on 

the OCS. 

BOEM Approach to Exclusion Requests 

Several comments received by BOEM 

in response to the RFI 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 of the OCS within 

the Call Area is not a decision to lease 

that area. The Call solicits information 

from all interested and affected parties 

that BOEM can use in identifying 

portions of the Call Area where interest 

exists and which will be subject to 

environmental analysis and stakeholder 

consultation. The information the Call 

seeks relates to both renewable energy 

development interest and to other 

resources within, and current uses of, 

the Call Area. After considering the 

information it receives in response to 

the Call, BOEM 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 being published 

concurrently with this notice. Generally, 

BOEM’s approach is to first analyze the 

entire Call Area thoroughly with the 

goal of eliminating or reducing to an 

acceptable level any potential resource 

and use conflicts. However, if BOEM 

concludes that such conflicts cannot be 

properly mitigated, exclusions may be 

necessary. BOEM intends to make fullyinformed decisions on exclusions at the 

appropriate time in the lease planning 

process. 

Task force members and comments 

received in response to the RFI have 

both identified competing uses within 

the Call Area. BOEM hereby highlights 

in the Call two such uses: (1) Vessel 

traffic and (2) commercial fishing, and 

requests specific data and information 

relevant to these uses, which will be 

used to inform its subsequent decisions. 

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Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Notices 5829 

BOEM will consider the information 

received from interested developers, 

maritime interests, commercial fishers, 

and others concerning these uses in 

reaching an Area Identification and in 

planning the ensuing NEPA analysis. It 

is possible that certain geographic areas 

and/or associated mitigation measures 

could be framed as alternatives in the 

NEPA analysis to enable thorough and 

conclusive consideration by BOEM in 

its decisionmaking. 

Required Nomination Information 

If you intend to submit a nomination 

for a commercial wind energy lease 

within the Call Area, you must provide 

the following: 

(1) The BOEM Protraction name, 

number, and specific whole or partial 

OCS blocks or sub-blocks within the 

Call Area that are of interest to you 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 a 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. BOEM 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 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 Call Area, 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 viewsheds, historic, cultural, 

and/or tribal 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.) occurring, or 

expected to occur, both within, and 

within proximity to, your proposed 

area; 

(8) Documentation demonstrating that 

you are qualified to hold a lease as set 

forth in 30 CFR 585.106 and 107. 

Examples of documentation appropriate 

for demonstrating your legal 

qualifications can be found in Chapter 

2 and Appendix B of the BOEM 

Renewable Energy Framework Guide 

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

gov/offshore/RenewableEnergy/PDFs/

REnGuidebook_03August2009_3_.pdf. 

Legal qualification documents will be 

placed in an official file that may be 

made available for public review. If you 

wish that any part of your legal 

qualification documentation be kept 

confidential, clearly identify what 

should be kept confidential, and submit 

it under a 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.boem.gov/RenewableEnergy-Program/RegulatoryInformation/Index.aspx. Documentation 

you submit to demonstrate your legal, 

technical, and financial qualifications 

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; and 

(10) Applicants who submitted a 

nomination in response to the RFI 

should indicate in response to this Call 

whether: (1) They wish to continue with 

their original RFI nomination within the 

Call Area; (2) they wish to continue 

with, but modify, their original RFI 

nomination within the Call Area; (3) 

they wish to withdraw their original RFI 

nomination from further consideration; 

and/or (4) they wish to submit a new 

nomination of interest within the Call 

Area. An applicant may make more than 

one nomination within the Call Area. 

Therefore, for example, even if the 

applicant wishes to continue with its 

original RFI nomination, it may also 

make a new nomination. 

It is critical that you submit a 

complete nomination so that BOEM may 

evaluate your submission in a timely 

manner. If BOEM reviews your 

nomination and determines that it is 

incomplete, BOEM will inform you of 

this determination in writing. This letter 

will describe the information that 

BOEM determined to be missing from 

your nomination, and direct you to 

submit it in order for BOEM to deem 

your submission complete. You will be 

given 15 business days from the date of 

the letter to submit the information that 

BOEM found to be missing from your 

original submission. If you do not meet 

this deadline, or if BOEM determines 

this second submission to be 

insufficient, then BOEM may deem your 

nomination invalid. In such a case, 

BOEM would not move forward with 

your nomination submitted in response 

to this Call. 

Requested Information From Interested 

or Affected Parties 

BOEM is 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); 

(2) Known archeological 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 Call Area; 

(4) Other 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 

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. 

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5830 Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Notices 

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 list 

of whole or partial blocks that you are 

nominating. 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, 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: February 1, 2012. 

Tommy P. Beaudreau, 

Director, Bureau of Ocean Energy 

Management. 

[FR Doc. 2012–2645 Filed 2–3–12; 8:45 am] 

BILLING CODE 4310–VH–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Ocean Energy Management 

[Docket No. BOEM–2011–0116] 

Commercial Wind Leasing and Site 

Assessment Activities on the Atlantic 

Outer Continental Shelf Offshore 

Massachusetts 

AGENCY: Bureau of Ocean Energy 

Management (BOEM), Interior. 

ACTION: Notice of Intent to Prepare an 

Environmental Assessment. 

SUMMARY: This Notice of Intent to 

Prepare an Environmental Assessment 

(Notice) is being published as an initial 

step for the purpose of involving 

Federal agencies, states, tribes, local 

governments, offshore wind energy 

developers, and the public in the 

Department of the Interior’s (DOI) 

‘‘Smart from the Start’’ wind energy 

initiative offshore Massachusetts. 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 Outer Continental 

Shelf (OCS), and to obtain public and 

expert input that will inform the 

Department’s decision-making with 

regard to issuing leases and approving 

site assessment activities in these areas, 

in accordance with applicable DOI 

regulations 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, known 

as Wind Energy Areas (WEAs), and 

utilizes coordinated environmental 

studies, large-scale planning processes, 

and expedited review procedures within 

these areas to achieve an efficient and 

responsible renewable energy leasing 

process. 

In consultation with other Federal 

agencies and the Massachusetts 

Renewable Energy Task Force, BOEM 

has identified an area for consideration 

for potential future wind energy leasing 

offshore Massachusetts (Call Area). This 

Call Area is identified in the document 

entitled Commercial Leasing for Wind 

Power on the Outer Continental Shelf 

Offshore Massachusetts-Call for 

Information and Nominations (Call), 

which is being published concurrently 

with this Notice. This is the first public 

step in the potential leasing process 

which requires several more 

opportunities for public involvement 

before leasing can occur, including a 

proposed sale notice. A commercial 

lease gives the lessee the exclusive right 

to subsequently seek BOEM approval for 

the development of the leasehold. The 

lease does not grant the lessee the right 

to construct any facilities; rather, the 

lease grants the lessee the right to use 

the leased area to develop its plans, 

which BOEM must approve before the 

lessee can move on to the next stage of 

the process. See 30 CFR 585.600 and 

585.601. 

More information on the renewable 

energy task forces and the ‘‘Smart from 

the Start’’ initiative can be found at: 

http:boem.gov/Renewable-EnergyProgram/Smart-from-the-Start/ 

Index.aspx and at: http://www.doi.gov/ 

news/pressreleases/Salazar-LaunchesSmart-from-the-Start Initiative-toSpeed-Offshore-Wind-EnergyDevelopment-off-the-AtlanticCoast.cfim. 

BOEM intends to prepare an 

environmental assessment (EA), which 

is the subject of this Notice, that 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). If 

a lessee proposes development activity, 

the specific proposal will be given full 

environmental review at that time. 

BOEM is seeking public input regarding 

the identification of the alternatives to 

be considered in the EA, as well as the 

environmental and/or socioeconomic 

issues to be analyzed. 

Furthermore, Section 106 of the 

National Historic Preservation Act (16 

U.S.C. 470f), and it’s implementing 

regulations (36 CFR 800), require 

Federal agencies to consider the effects 

of their actions on historic properties. 

Therefore, BOEM will conduct Section 

106 review for the issuance of leases 

and approval of site assessment 

activities within some or all of the Call 

Area, in coordination with its 

environmental review. As part of this 

Section 106 review, BOEM will initiate 

consultation with state historic 

preservation officers, tribal officials, and 

others. BOEM is now reaching out to the 

general public for comments regarding 

the identification of historic properties 

or potential effects to historic properties 

from leasing and site assessment 

activities in the Call Area. Submitted 

information will allow BOEM to 

consider the views of the public and 

document historic preservation 

concerns early in the Section 106 

process. 

Authority: This Notice of Intent to prepare 

an environmental assessment is published 

pursuant to 43 CFR 46.305. 

FOR FURTHER INFORMATION CONTACT: 

Michelle Morin, BOEM Office of 

Renewable Energy Programs, 381 Elden 

Street, HM 1328, Herndon, Virginia 

20170–4817, (703) 787–1340 or 

michelle.morin@BOEM.gov. 

SUPPLEMENTARY INFORMATION: 

1. The OCS Wind Energy Leasing and 

Development Process 

There are three key phases in the 

wind energy leasing and development 

process on the OCS: (1) Lease issuance; 

(2) approval of a site assessment plan 

(SAP); and (3) approval of a 

construction and operation plan (COP). 

The first phase, issuance of a 

commercial renewable energy lease, 

gives the lessee an exclusive right to 

apply for approval of subsequent plans, 

the approval of which is necessary for 

a lessee to advance to the next stage of 

the renewable energy development 

process. We are at the beginning of this 

phase offshore Massachusetts. The 

second phase is the applicant’s 

submission and BOEM’s subsequent 

review and approval of a SAP. Approval 

of a SAP allows the lessee to construct 

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