Federal Register / Vol. 77, No. 23 / Friday, February 3, 2012 / Notices 5545 

[FR Doc. 2012–2496 Filed 2–2–12; 8:45 am] 

BILLING CODE 4310–VH–C 

DEPARTMENT OF THE INTERIOR 

Bureau of Ocean Energy Management 

[Docket No. BOEM–2011–0093] 

Commercial Leasing for Wind Power 

Development on the Outer Continental 

Shelf (OCS) Offshore Virginia—Call for 

Information and Nominations 

AGENCY: Bureau of Ocean Energy 

Management (BOEM), Interior. 

ACTION: Call for Information and 

Nominations. 

SUMMARY: BOEM invites submissions of 

nominations from parties interested in 

obtaining one or more commercial 

leases that would allow a lessee to 

propose the construction of a wind 

energy project(s) on the OCS offshore 

Virginia. Although the publication of 

this notice is not itself a leasing 

announcement, the area described 

herein may be subject to future leasing. 

BOEM will use the response to this Call 

for Information and Nominations (Call) 

to gauge specific interest in the 

acquisition of commercial wind lease(s) 

in some or all of the area and to 

determine whether competitive interest 

exists in any particular area, as required 

by 43 U.S.C. 1337(p)(3). Parties wishing 

to submit a nomination in response to 

this Call should submit detailed and 

specific information as described in the 

section entitled, ‘‘Required Nomination 

Information.’’ 

BOEM also requests comments from 

interested and affected parties regarding 

site conditions, resources, and multiple 

uses of the identified area that would be 

relevant to BOEM’s review of the 

nominations submitted and any 

subsequent decision concerning 

whether to offer all or part of the area 

for commercial wind leasing. 

Information that BOEM is requesting is 

described in the section entitled, 

‘‘Requested Information from Interested 

or Affected Parties.’’ 

This notice is published pursuant to 

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

(43 U.S.C. 1337(p)(3)), which was added 

by section 388 of the Energy Policy Act 

of 2005 (EPAct), as well as the 

implementing regulations at 30 CFR part 

585. 

The Call Area described in this notice 

is located on the OCS offshore Virginia. 

The western edge of the Call Area is 

approximately 23.5 nautical miles (nmi) 

from the Virginia Beach coastline, and 

extends to an eastern edge that is 

approximately 36.5 nmi from the same 

location. The longest north/south 

portion is approximately 10.5 nmi in 

length and the longest portion of the 

east/west portion is approximately 13 

nmi in length. The area is made up of 

19 whole OCS blocks and 13 sub-blocks. 

The entire area is approximately 

112,799 acres, or 45,648 hectares. This 

area was delineated in consultation with 

the BOEM Virginia Renewable Energy 

Task Force. A detailed description of 

the area is presented later in this notice. 

DATES: BOEM must receive your 

nomination describing your interest in 

this potential leasing area postmarked 

by March 19, 2012. BOEM will consider 

only those nominations received or 

postmarked by then. Submissions of 

comments or other submissions of 

information are also requested by this 

date. 

Submission Procedures: If you are 

submitting a nomination for a 

commercial lease in response to this 

Call, please submit your nomination by 

mail to the following address: Bureau of 

Ocean Energy Management, Office of 

Renewable Energy Programs, 381 Elden 

Street, HM 1328, Herndon, Virginia 

20170–4817. In addition to a paper copy 

of the nomination, include an electronic 

copy of the nomination on a compact 

disc (CD). Nominations must be 

postmarked by March 19, 2012. BOEM 

will list the parties that submitted 

nominations and the location of the 

proposed lease areas (OCS blocks they 

nominated) on the BOEM Web site after 

the 45-day comment period closes. 

Comments and other submissions of 

information may be submitted by either 

of the following two methods: 

1. Federal eRulemaking Portal: 

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

titled ‘‘Enter Keyword or ID,’’ enter 

BOEM–2011–0093, then click ‘‘search.’’ 

Follow the instructions to submit public 

comments and view supporting and 

related materials available for this 

notice. 

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 20170–4817. 

All responses will be reported on 

http://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 

‘‘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: Ms. 

Erin C. Trager, Project Coordinator, 

BOEM, Office of Renewable Energy 

Programs, 381 Elden Street, HM 1328, 

Herndon, Virginia 20170–4817, (703) 

787–1320, or Erin.Trager@boem.gov. 

SUPPLEMENTARY INFORMATION: 

Purpose of the Call for Information and 

Nominations 

The OCS Lands Act requires BOEM to 

award leases competitively, unless 

BOEM makes a determination 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 area identified. Rather, this 

notice is the first step in the renewable 

energy leasing process offshore Virginia 

and the responses to it will assist BOEM 

in determining whether competitive 

interest exists in the area. This notice 

also requests information from 

interested and affected parties on issues 

relevant to BOEM’s review of 

nominations for potential leasing in the 

area. 

BOEM is issuing a Call instead of a 

Request for Interest (RFI) to facilitate 

and expedite the leasing process 

consistent with the goals and objectives 

of the Secretary of the Interior’s ‘‘Smart 

from the Start’’ initiative. If an RFI were 

issued and the responses to it indicated 

competitive interest, the applicable 

regulations would require BOEM to 

issue a Call, which BOEM believes 

would be duplicative of the RFI process. 

Issuance of this Call, without an RFI, is 

designed to enable BOEM to obtain and 

analyze the information needed to 

support consideration of appropriate 

commercial leasing, while ensuring 

ample opportunity for input from 

interested and affected parties. 

The responses to this Call could lead 

to the initiation of a competitive leasing 

process in some areas of the Call Area 

(i.e., where competition exists for 

certain tracts), and a noncompetitive 

process in others (i.e., where no 

competitive interest exists for certain 

tracts). The leasing process is described 

more completely under ‘‘Competitive 

Leasing Process’’ and ‘‘Noncompetitive 

Leasing Process’’ below. If BOEM 

determines that there is no competitive 

interest in some or all of this area 

offshore Virginia, BOEM may proceed 

with the noncompetitive lease process 


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5546 Federal Register / Vol. 77, No. 23 / Friday, February 3, 2012 / Notices 

pursuant to 30 CFR 585.232 for any 

area(s) for which no competitive interest 

exists. If BOEM determines that there is 

competitive interest in some or all of the 

area described in this Call, BOEM may 

proceed with the competitive leasing 

process set forth under 30 CFR 

585.211(c) through 585.225. Whether 

the leasing process is competitive or 

noncompetitive, BOEM will (1) provide 

additional opportunities for the public 

to submit input; and (2) review 

proposed leases thoroughly for potential 

environmental and multiple use 

impacts. 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 area that may 

be offered for leasing, if any, has not yet 

been determined and may be reduced 

further from the area identified in this 

Call based on various factors. 

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 the production, transportation, 

or transmission of energy from sources 

other than oil or gas. Subsection 8(p) 

requires the Secretary to issue 

regulations to carry out the new energy 

development authority on the OCS. The 

Secretary delegated the authority to 

issue leases, easements, and ROWs, and 

to promulgate regulations to the Director 

of BOEM. On April 29, 2009, BOEM 

promulgated the Renewable Energy and 

Alternate Uses (REAU) rule, 30 CFR Part 

585, which can be found at: http:// 

www.boem.gov/Renewable-EnergyProgram/Regulatory-Information/ 

Index.aspx#Rules_Development. 

BOEM Virginia Renewable Energy Task 

Force 

BOEM formed the BOEM Virginia 

Renewable Energy Task Force in 

December 2009 to facilitate coordination 

among relevant Federal agencies and 

affected state, local, and tribal 

governments throughout the leasing 

process. The BOEM Virginia Renewable 

Energy Task Force meeting materials are 

available on the BOEM Web site at: 

http://www.boem.gov/RenewableEnergy-Program/State-Activities/ 

Virginia.aspx 

Executive Order 13547: Stewardship of 

the Ocean, Our Coasts, and the Great 

Lakes 

On July 19, 2010, the President signed 

an Executive 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, the Order requires 

BOEM to take such action as necessary 

to implement this policy, to adhere to 

the stewardship principles and national 

priority objectives adopted by the Order, 

and follow guidance from the National 

Ocean Council. 

BOEM appreciates the importance of 

coordinating its planning endeavors 

with other OCS users and regulators. It 

intends to follow principles of coastal 

and marine spatial planning, and 

coordinate with the regional planning 

bodies as established by the National 

Ocean Council, to inform its leasing 

processes. BOEM anticipates that 

continued coordination with the state 

Renewable Energy Task Forces will help 

inform comprehensive coastal and 

marine spatial planning efforts. 

Actions Taken by the Commonwealth of 

Virginia in Support of Renewable 

Energy Development 

The Commonwealth of Virginia has 

taken important steps to encourage and 

incentivize offshore wind energy 

development. While a state may 

promote such development through 

activities such as the creation of 

financial incentives, an offshore wind 

project cannot be developed on the OCS 

without an OCS renewable energy lease 

issued by BOEM pursuant to 30 CFR 

Part 585 and subsequent BOEM 

approval of a Construction and 

Operations Plan (COP). Below is a 

description of the activities that the 

state has undertaken to support 

renewable energy development on the 

OCS off its coast. 

• In September 2007, Virginia 

established a 10-Year Energy Plan, the 

purpose of which was to chart a path 

forward to provide for reliable energy 

supplies at reasonable rates and increase 

the use of energy efficiency measures in 

Virginia. 

• In a separate chapter of the same 

state legislation that established the 

Virginia Energy Plan, the General 

Assembly created the Virginia Coastal 

Energy Research Consortium (VCERC), 

which originally consisted of five state 

universities, two state agencies, and two 

industry organizations. VCERC was 

created to serve as an interdisciplinary 

research, study, and information 

resource for the state on Virginia’s 

coastal energy resources, including 

offshore wind. For more information 

about VCERC visit www.vcerc.org. 

• In February 2008, the 

Commonwealth of Virginia submitted a 

nomination to BOEM for a four-block 

area under the BOEM Interim Policy (72 

FR 62673 (Nov. 6, 2007)) for 

authorization of the installation of 

offshore data collection and technology 

testing facilities on the OCS. These four 

blocks were contained within a 

surrounding ocean space of 50 lease 

blocks that were then under study by 

VCERC. Virginia was not selected as a 

priority area by DOI under the Interim 

Policy; therefore, this nomination was 

not selected for leasing consideration. 

• In September 2009, former 

Governor Timothy M. Kaine sent a letter 

to BOEM requesting the formation of an 

intergovernmental Renewable Energy 

Task Force to facilitate communication 

and coordination among Federal, state, 

local, and tribal government agencies for 

OCS renewable energy activities off 

Virginia and to inform the Federal 

leasing and lease development process. 

The BOEM Virginia Renewable Energy 

Task Force was formed in December 

2009. 

• In April 2010, Governor Robert F. 

McDonnell signed legislation to reward 

investor-owned electric utilities for 

using offshore wind energy over other 

forms of energy. The legislation 

provides for an investor-owned electric 

utility to receive triple credit toward 

meeting the goals of the renewable 

energy portfolio standard program for 

energy derived from offshore wind. This 

legislation also created the Virginia 

Offshore Wind Development Authority 

for the purposes of facilitating, 

coordinating, and supporting the 

development of the offshore wind 

energy industry, offshore wind energy 

projects, and associated supply chain 

vendors. 

• In January 2011, the Virginia 

Department of Mines, Minerals, and 

Energy (DMME) submitted a draft 

unsolicited research lease application to 

BOEM under 30 CFR Part 585.238. 

Proposed activities included the 

construction of meteorological towers 

for early mapping of the offshore wind 

resource in the Call Area and the 

installation of research turbines for 

demonstrating reliability and 

survivability. In January 2011, Governor 

Robert F. McDonnell sent BOEM a letter 

supporting DMME’s efforts to obtain a 


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research lease. The DMME finalized its 

application in September 2011. More 

information about the Commonwealth’s 

proposed research activities can be 

found in the section of this Call entitled 

‘‘Research Lease Application.’’ 

The ability of private developers to take 

advantage of Virginia’s incentives for 

potential projects on the OCS offshore 

Virginia would be dependent on, among 

other things, the developers obtaining 

leases and subsequent approvals from 

BOEM for their proposed projects on the 

OCS. 

Department of the Interior ‘‘Smart From 

the Start’’ Atlantic Wind Initiative 

The Secretary of the Interior, Ken 

Salazar, announced the ‘‘Smart from the 

Start’’ OCS renewable energy initiative 

on November 23, 2010. This initiative 

includes three key elements: (1) 

Eliminating a redundant step from the 

REAU rule; (2) identifying Wind Energy 

Areas (WEA) to be analyzed in an 

environmental assessment (EA) 

(prepared pursuant to the National 

Environmental Policy Act (NEPA) (42 

U.S.C. 4321 et seq.)) for the purpose of 

supporting lease issuance and site 

assessment activities; and (3) 

proceeding on a parallel track to process 

offshore transmission proposals. 

A WEA is an OCS area that appears 

to be suitable for commercial wind 

energy leasing. The Virginia WEA was 

delineated based on deliberation and 

consultation with the BOEM Virginia 

Renewable Energy Task Force and was 

selected to be evaluated in a regional 

EA. A map showing the WEA can be 

found on the BOEM Web site at: 

http://www.boem.gov/RenewableEnergy-Program/Smart-from-the-Start/ 

Index.aspx. 

As described in the section of this 

notice entitled, ‘‘Development of the 

Call Area,’’ this area has been further 

refined based upon input from the 

BOEM Virginia Renewable Energy Task 

Force and other stakeholders who 

commented on the original WEA and 

the Notice of Intent (NOI) to Prepare an 

EA for the ‘‘Smart from the Start’’ WEAs 

(76 FR 7226 (Feb. 9, 2011)). The Virginia 

WEA may be further adjusted in 

response to comments and information 

received from this notice as well as 

future sale notices. 

Determination of Competitive Interest 

The first step in determining whether 

there is competitive interest in an area 

for wind energy projects on the OCS 

offshore of Virginia will be the 

evaluation of submissions nominating 

particular areas for lease. At the 

conclusion of the comment period for 

this Call, BOEM will review the 

information received, undertake a 

completeness and qualifications review 

of the nominations received, and make 

a determination as to whether 

competitive interest exists. 

To support the determination of 

competitive interest, BOEM will first 

assess whether there is any geographic 

overlap of the area(s) nominated. If two 

areas nominated fully or partially 

overlap, BOEM will continue to proceed 

with the competitive lease process as 

described below. BOEM may consult 

with the BOEM Virginia Renewable 

Energy Task Force throughout this 

process. 

Situations may arise in which several 

parties nominate lease 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 could also be 

implemented under the competitive 

process outlined in the REAU rule. 

BOEM may consult with the BOEM 

Virginia Renewable Energy Task Force 

in determining whether to use an 

intertract competition system. 

Competitive Leasing Process 

If, after receiving responses to this 

Call, BOEM proceeds with the 

competitive leasing process for certain 

areas, it will follow the steps required 

by 30 CFR 585.211(c) through 585.225: 

(1) Proposed Sale Notice: BOEM will 

publish a Proposed Sale Notice (PSN) in 

the Federal Register and send the PSN 

to the Governor of any affected state, 

any affected tribes, and the executive of 

any local government that might be 

affected. The PSN will describe the 

areas that BOEM has decided to offer for 

leasing and the proposed terms and 

conditions of a lease sale, including the 

proposed auction format, lease form and 

lease provisions. Additionally, the PSN 

will describe the criteria and process for 

evaluating bids. The PSN would be 

issued after preparation of various 

analyses of proposed lease sale 

economic terms and conditions. The 

comment period following issuance of a 

PSN is 60 days. 

(2) Final Sale Notice: If BOEM decides 

to proceed with lease issuance after 

considering comments on the PSN, it 

will publish the Final Sale Notice (FSN) 

in the Federal Register at least 30 days 

before the date of the sale. BOEM may 

use one of the following three auction 

formats to select the winning bidder(s): 

Sealed bidding; ascending bidding; or 

two-stage bidding (a combination of 

ascending bidding and sealed bidding). 

BOEM will publish the criteria for 

winning bid determinations in the FSN. 

(3) Bid Submission and Evaluation: 

Following publication of the FSN in the 

Federal Register, qualified bidders may 

submit their bids to BOEM in 

accordance with procedures specified in 

the FSN. The bids, including the bid 

deposits if applicable, would be 

reviewed for technical and legal 

adequacy. BOEM would evaluate each 

bid to determine if the bidder has 

complied with all applicable regulations 

and with the terms of the FSN. BOEM 

reserves the right to reject any or all bids 

and the right to withdraw an offer to 

lease an area from the sale. 

(4) Issuance of a Lease: Following the 

selection of a winning bid or bids by 

BOEM, the submitter(s) is/are notified of 

the decision and provided a set of 

official lease documents for execution. 

The successful bidder(s) will be 

required to execute the lease, pay the 

remainder of the bonus bid, if 

applicable, and file the required 

financial assurance within 10 days of 

receiving the lease copies. Upon receipt 

of the required payments, financial 

assurance, and properly executed lease 

forms, BOEM will issue a lease to the 

successful bidder(s). 

Pursuant to 30 CFR 585.212, BOEM 

may decide to end the competitive 

leasing process prior to the publication 

of a FSN if it believes that competitors 

have withdrawn and competitive 

interest no longer exists. A termination 

of the competitive process would 

require BOEM to publish an additional 

notice in the Federal Register to 

confirm that competitive interest no 

longer exists in the area. BOEM would 

use the information received in 

response to this additional notice to 

determine whether it would continue 

with the competitive lease sale process 

or initiate the noncompetitive lease 

negotiation process. 

Noncompetitive Leasing Process 

If, after evaluating the responses to 

this notice, BOEM determines that there 

is no competitive interest in a proposed 

lease, it may proceed with the 

noncompetitive lease issuance process 

pursuant to 30 CFR 585.232, 

coordinating with the BOEM Virginia 

Renewable Energy Task Force, as 

appropriate. Should BOEM decide to 

proceed with the noncompetitive 

leasing process, it will ask if the 

respondent wants to proceed with 

acquiring the lease, and if so, the 

respondent must submit an acquisition 

fee as specified within 30 CFR 

585.502(a). After receiving the 

acquisition fee, BOEM would publish a 

notice in the Federal Register 

announcing a determination of no 

competitive interest. Within 60 days of 


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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, and 

other applicable Federal statutes when 

in the process of issuing a lease 

noncompetitively. BOEM coordinates 

and consults, as appropriate, with 

relevant Federal agencies, affected 

tribes, and affected state and local 

governments, in issuing a 

noncompetitive lease and developing 

lease terms and conditions. 

It is possible that responses to this 

notice may result in a determination 

that there is competitive interest for 

some areas but not for others. BOEM 

would announce publicly its 

determinations before proceeding with a 

competitive process, a noncompetitive 

process, both, or neither. 

Environmental Reviews 

BOEM has prepared an EA 

considering the environmental impacts 

and socioeconomic effects of issuing 

renewable energy leases. The EA 

includes reasonably foreseeable site 

characterization activities, such as, 

geophysical, geotechnical, 

archaeological, and biological surveys 

on those leases identified in WEAs 

offshore New Jersey, Delaware, 

Maryland, and Virginia. The EA also 

considers the reasonably foreseeable 

environmental impacts and 

socioeconomic effects associated with 

the approval of site assessment activities 

(including the installation and operation 

of meteorological towers and buoys) on 

the leases that may be issued. The 

Commercial Wind Lease Issuance and 

Site Characterization Activities on the 

Atlantic Outer Continental Self Offshore 

New Jersey, Delaware, Maryland, and 

Virginia Environmental Assessment 

(Regional EA) can be found at: http:// 

www.boem.gov/RenewableEnergyProgram/Smart-from-the-Start/ 

Index.aspx. The area identified in this 

Call matches the Virginia WEA 

described in the preferred alternative in 

the Regional EA. 

In the event that a particular lease is 

issued, and the lessee subsequently 

submits a Site Assessment Plan (SAP), 

pursuant to 30 CFR 585.605–618, BOEM 

would then determine whether the EA 

adequately considers the environmental 

consequences of the activities proposed 

in the lessee’s SAP. If BOEM determines 

that the analysis in the EA adequately 

considers these consequences, then no 

further analysis under the National 

Environmental Policy Act (NEPA) 

would be required before BOEM make a 

decision on the SAP. If, on the other 

hand, BOEM determines that the 

analysis in this EA is inadequate for that 

purpose, BOEM would prepare 

additional NEPA analysis before it 

could make a decision on the SAP. In 

either event, BOEM would then make a 

decision to approve, approve with 

modifications, or disapprove the SAP. 

If a lessee is prepared to propose a 

wind energy generation facility on its 

lease, it would submit a construction 

and operations plan (COP). BOEM then 

would prepare a separate site- and 

project-specific NEPA analysis of the 

proposed project. This analysis would 

likely take the form of an EIS and would 

provide the public and Federal officials 

with comprehensive information 

regarding the reasonably foreseeable 

environmental impacts of the proposed 

project. In this NEPA analysis, BOEM 

would evaluate the potential 

environmental and socioeconomic 

consequences of the proposed project. 

This analysis would inform BOEM’s 

decision to approve, approve with 

modification, or disapprove a lessee’s 

COP pursuant to 30 CFR 585.628. This 

NEPA process also would provide 

additional opportunities for public 

involvement pursuant to NEPA and the 

White House Council on Environmental 

Quality’s regulations at 40 CFR parts 

1500–1508. 

Description of the Call Area 

The Call Area offshore Virginia 

contains 19 whole OCS blocks and 13 

sub-blocks. The western edge of the Call 

is approximately 23.5 nmi from the 

Virginia Beach coastline, and extends to 

an eastern edge that is approximately 

36.5 nmi from the same location. The 

longest north/south portion is 

approximately 10.5 nmi in length and 

the longest portion of the east/west 

portion is approximately 13 nmi in 

length. The entire area is approximately 

112,799 acres, or 45,648 hectares. The 

boundary of the Call Area follows the 

points listed in the table below in 

clockwise order beginning in the 

northwest corner of block 6012–C. Point 

numbers 1 and 9 are the same. 

Coordinates are provided in X, Y 

(eastings, northings) UTM Zone 18N, 

NAD 83 and geographic (longitude, 

latitude), NAD83. 

Point No. X Easting 

UTM) 

Y Northing 

(UTM) Longitude Latitude 

1 ....................................................................................................... 459200 4094400 -75.458518 36.994856 

2 ....................................................................................................... 480800 4094400 -75.215776 36.995546 

3 ....................................................................................................... 480800 4075200 -75.215289 36.822467 

4 ....................................................................................................... 456800 4075200 -75.484393 36.821676 

5 ....................................................................................................... 456800 4092000 -75.485351 36.973115 

6 ....................................................................................................... 458000 4092000 -75.471870 36.973169 

7 ....................................................................................................... 458000 4093200 -75.471937 36.983986 

8 ....................................................................................................... 459200 4093200 -75.458453 36.984039 

9 ....................................................................................................... 459200 4094400 -75.458518 36.994856 

The following 19 full OCS blocks are 

included within the Call Area: Currituck 

Sound NJ18–11, blocks 6013, 6014, 

6015, 6016, 6062, 6063, 6064, 6065, 

6066, 6112, 6113, 6114, 6115, 6116, 

6162, 6163, 6164, 6165, and 6166. The 

following 13 sub-blocks are included 

within the Call Area: 

Protraction name Protraction No. Block No. Sub block 

Currituck Sound ................................................................................. NJ18–11 6012 C,D,F,G,H,I,J,K,L,M,N,O,P 


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List of OCS Blocks and Sub-Blocks in 

the Call Area Potentially Subject to 

Limitations 

The Call Area includes areas that 

BOEM wishes to highlight as areas of 

special interest or concern based on 

available information. These areas are 

described below. 

Fish Haven/Artificial Reef Site 

An obstruction area has been 

identified on the National Oceanic and 

Atmospheric Administration (NOAA) 

nautical charts within the Call Area that 

contains a fish haven/artificial reef site. 

The specific sub-blocks transected by 

the fish haven/artificial reef site are 

listed below. Site-specific stipulations 

may be applied to any leases issued in, 

or plans approved for, this area. 

Protraction name Protraction No. Block No. Sub block 

Currituck Sound ................................................................................. NJ18–11 6013 B,C,D,E,F,G,H,I,J,K,L 

Currituck Sound ................................................................................. NJ18–11 6014 A,B,E,F,I,J 

Navigation 

The U.S. Coast Guard (USCG) advises 

that all blocks included in the Call Area 

require further study to determine sitespecific risks to navigational safety. It is 

possible that OCS blocks included in 

the Call Area may not be made available 

for leasing and/or development due to 

navigational safety issues, and any 

blocks that are may require site-specific 

stipulations and conditions. 

Department of Defense (DoD) Activities 

The Call Area includes OCS blocks 

where site-specific conditions and 

stipulations may need to be developed 

and applied to any leases issued and/or 

plans approved to help ensure that 

projects are compatible with DoD 

activities. Such stipulations may 

include, but are not limited to: 

1. A hold-and-save-harmless 

agreement where the lessee assumes all 

risks of damage or injury to persons or 

property if such injury or damage to 

such person or property occurs by 

reason of the activities of the U.S. 

Government; 

2. A requirement that at times 

requested by DoD, the lessee control its 

own electromagnetic emissions and 

those of its agents, employees, invitees, 

independent contractors, or 

subcontractors when operating in 

specified DoD Operating Areas 

(OPAREAs) or warning areas; 

3. An agreement with the appropriate 

DoD commander when operating vessels 

or aircraft in a designated OPAREA or 

warning area requiring that these vessel 

and aircraft movements be coordinated 

with the appropriate DoD commander; 

4. A requirement that at times 

requested by DoD, the lessee 

temporarily suspend operations and/or 

evacuate the lease in the interest of 

safety and/or national security. 

Protected Species 

BOEM may consider including 

stipulations specific to protected species 

in renewable energy leases that may be 

issued in the Call Area, as well as in any 

associated plans that may be approved 

within the Call Area. Examples of 

stipulations may include (1) measures to 

avoid impacts to protected species 

during site assessment activities and 

characterization surveys, (2) 

documentation of the presence or 

absence of protected species, and (3) 

sharing of data collected related to 

protected species. More information on 

protective measures for site assessment 

and site characterization activity can be 

found in the Environmental Assessment 

for Commercial Wind Lease Issuance 

and Site Characterization Activities on 

the Atlantic Continental Shelf Offshore 

New Jersey, Delaware, Maryland, and 

Virginia. 

Map of the Call Area 

A map of the Call Area can be found 

at: http://www.boem.gov/RenewableEnergy-Program/State-Activities/

Virginia.aspx. 

A large scale map of the Call Area 

showing boundaries of the area 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 

20170–4817.Phone: (703) 787–1320, 

Fax: (703) 787–1708. 

Development of the Call Area 

The Call Area was delineated through 

consultation with the BOEM Virginia 

Renewable Energy Task Force and is 

intended to achieve a balance that 

provides adequate protection of 

ecologically sensitive areas, minimizes 

space-use conflicts, and maximizes the 

area available for commercial offshore 

wind development. Specific mitigation, 

stipulations, or exclusion areas may be 

developed as a result of environmental 

reviews and associated consultations, as 

well as continued coordination with the 

BOEM Virginia Renewable Energy Task 

Force. 

The development of the Call Area 

began with consideration of a 

preliminary 70 OCS block area of 

interest discussed at the first BOEM 

Virginia Renewable Energy Task Force 

meeting in December 2009. The area 

encompassed the 50 blocks under study 

by VCERC at the time as part of its 

offshore wind mapping initiative and 

was delineated to avoid sensitive 

ecological areas offshore the barrier 

islands to the north and take advantage 

of a region comprised of Class 6 winds. 

In addition, BOEM had received two 

commercial unsolicited lease requests 

within this area, which BOEM will not 

process, as further described in the 

section entitled ‘‘Unsolicited 

Applications Received by BOEM for 

Areas Offshore Virginia.’’ Following the 

first meeting of the BOEM Virginia 

Renewable Energy Task Force, and 

based on continuing dialogue with the 

Task Force and individual member 

agencies, the area was further refined to 

avoid sensitive operating and warning 

areas under the purview of DoD and 

National Aeronautics Space 

Administration (NASA), as well as a 

dredge disposal area under the 

regulatory authority of the U.S. Army 

Corps of Engineers. As part of this effort, 

BOEM asked DoD, USCG, and NASA to 

conduct evaluations of the area under 

consideration and make 

recommendations to BOEM as to blocks 

that should be excluded from leasing 

and/or development due to sensitive 

agency activities, as well as areas that 

could be included with appropriate 

conditions and stipulations. 

DoD conducted two evaluations 

following the first and second task force 

meetings, and provided to BOEM its 

recommendations regarding OCS blocks 

that would be inappropriate for leasing 

and development in light of existing 

DoD activities. DoD also recommended 

that, should leases be issued, 

subsequent development in the 

remaining area should be subject to sitespecific stipulations. NASA determined 

that the Call Area was compatible with 

launch operations at NASA Wallops 

Flight Facility. In advance of the third 

Task Force meeting in December 2010, 

the USCG Fifth District identified a 

deep-water slough or channel in use by 

deep-draft vessels exiting and entering 

the Chesapeake Bay. It recommended 

that a 3 nmi setback be established 


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between the charted dredge disposal 

area at the entrance to the Bay and the 

western edge of the Call Area. 

To better delineate the Call Area to 

avoid areas heavily used by vessels 

entering and exiting the Chesapeake 

Bay, BOEM acquired Automatic 

Identification System (AIS) data from 

2009 and conducted an analysis to 

identify vessel uses of the area, 

including deep-draft, barge, tug, and 

tow. This information was presented to 

the BOEM Virginia Renewable Energy 

Task Force on August 17, 2011, and 

allowed for further refinement of the 

Call Area. The Call Area described in 

this notice was further refined on the 

basis of the USCG’s evaluation of the 

Call Area; which BOEM received in 

September 2011. 

More detailed descriptions of certain 

issues raised through consultation with 

the BOEM Virginia Renewable Energy 

Task Force and other information that 

may be of interest to potential Call 

respondents and other relevant parties 

is included below. 

Navigational Issues 

The USCG has provided the following 

information for consideration by 

potential respondents to this Call and 

other interested parties. The USCG has 

a responsibility under the Ports and 

Waterways Safety Act (PWSA) to ensure 

the safety of navigation. The PWSA 

requires USCG to provide safe access 

routes for the movement of vessel traffic 

proceeding to or from ports or places 

subject to the jurisdiction of the United 

States. USCG meets this requirement 

through designation of necessary 

fairways and traffic separation schemes 

(TSS) for vessels operating in the 

territorial sea of the United States and 

in high sea approaches, outside the 

territorial sea. The USCG may also 

determine that establishment of other 

ships’ routing measures, such as a 

precautionary area, would enhance 

navigational safety. The USCG works 

with its Federal interagency and 

International Maritime Organization 

partners to establish these voluntary 

measures as necessary. 

The potential for navigational safety 

risk posed by installing structures in 

proximity to shipping routes is affected 

by numerous factors including, but not 

limited to: vessel size; vessel type; 

density of traffic; prevailing conditions; 

cumulative impact of multiple 

obstructions (for example, wind 

assessment or development facilities); 

existence of multiple shipping routes 

(for example, crossing or meeting 

situations); radar/automatic radar 

plotting aid (ARPA) interference; and 

existence of mitigating factors such as 

navigational aids, vessel traffic services, 

or pilotage. 

Currently, there is no standard 

recommended separation distance 

between offshore renewable energy 

facilities and shipping routes. The 

USCG has reviewed guidance published 

by other countries such as the United 

Kingdom’s Maritime Guidance Note 

MGN–371 and consulted with its own 

waterways subject matter experts. 

Currently, USCG considers the 

placement of offshore wind facilities in 

any area less than 1 nmi from traditional 

shipping routes as a high risk to 

navigational safety and therefore does 

not recommend placement of offshore 

wind facilities in such areas. The USCG 

considers placement of such facilities in 

areas greater than 5 nmi from existing 

shipping routes as a minimal risk to 

navigational safety. Areas considered for 

placement of offshore wind facilities 

between 1 nmi and 5 nmi would require 

additional USCG analysis to determine 

if mitigation factors could be applied to 

bring navigational safety risk within 

acceptable levels. 

Respondents to this Call should note 

that impacts to radar and ARPA may 

still occur outside of 1 nmi and would 

have to be evaluated along with other 

potential impacts. The above 

considerations are only planning 

guidelines, and the guidelines may be 

changed based on the completion of the 

USCG’s Atlantic Coast Port Access 

Route Study (ACPARS). In addition, 

these guidelines may be further 

modified upon completion of a 

Navigational Safety Risk Assessment 

(NSRA), which may be required before 

BOEM could approve a lessee’s plan for 

the construction of any offshore wind 

facilities. 

The USCG is conducting ACPARS to 

determine how best to route traffic on 

the Atlantic coast (see 76 FR 27288; May 

11, 2011). This study would better 

inform the USCG about the navigational 

safety risks, if any, associated with 

construction of offshore wind facilities. 

The data gathered during this ACPARS 

may result in the establishment of new 

vessel routing measures, modification of 

existing routing measures, or removal of 

some existing routing measures off the 

Atlantic Coast from Maine to Florida. 

As a member of the BOEM Virginia 

Renewable Energy Task Force, the 

USCG partnered with BOEM to gather 

existing AIS data, stakeholder input, 

and information on existing traffic 

patterns, as well as historical and 

current coastwise and international 

uses, within the Call Area offshore 

Virginia. The USCG conducted an 

evaluation, using the best available 

information, of the Virginia Call Area. 

The USCG identified OCS blocks 

(including sub-blocks) that, if 

developed, may have an unacceptable 

effect on navigational safety, and other 

OCS blocks (including sub-blocks) that 

would require further study to 

determine the potential effect that the 

installation of offshore wind facilities in 

these blocks would have on navigational 

safety. 

The USCG commented to BOEM that, 

it appears at this time, if any offshore 

wind facilities were to be installed in 

the future, most of the blocks and subblocks included in the Call would 

require USCG to create significant new 

routing measures to ensure navigation 

safety. The USCG cautions that after it 

has completed its ACPARS and has 

performed a deliberate evaluation of 

vessel routing measures, it may 

conclude that ultimate development of 

many or all of the blocks now included 

in the Call would present serious risks 

to navigation. The USCG has informed 

BOEM that it cannot make a final 

determination of the potential risk that 

ultimate development of the Call Area 

would present to navigation until it has 

completed its ACPARS analysis. 

Department of Defense Activities 

The Call Area is within the DoD 

Virginia Capes Operating Area 

(VACAPES OPAREA), which is a 

subsurface, surface, and air operations 

area off the Virginia coast that includes 

both Warning Area 50 (W–50) and 

Warning Area 72 (W–72). 

The W–50 warning area air space 

overlies that portion beyond 3 nmi from 

the coast of Dam Neck, Virginia and is 

subdivided into three sub-areas. All 

areas encompass the sea surface and 

airspace up to an altitude of 75,000 feet. 

Naval operations conducted in W–50 

include mine warfare training, surfaceto-surface, air-to-surface and surface-toair gunnery exercises, airborne drone 

and seaborne target launch, transit and 

recovery operations, and unit level Fleet 

and Navy Special Warfare training. 

A firing range surface danger zone 

defined in 33 CFR 334.390(a) underlies 

most of the W–50 warning area, and 

DoD activities in this danger zone are 

the same as described for the warning 

area. Navy ships, surface craft, and 

aircraft require freedom of movement to 

tactically maneuver within the danger 

zone. Regulations set forth in 33 CFR 

334.390(b)(1) require vessels transiting 

the danger zone to proceed with caution 

and to not remain in the area longer 

than necessary for transit. Potential 

wind energy development in the lease 

blocks identified in this Call may create 

a constriction of the danger zone for 

vessel traffic approaching and departing 


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Chesapeake Bay. An affected entity 

would need to ask DoD to modify the 

area of the danger zone to mitigate the 

potential vessel traffic constriction. 

The W–72 warning area overlies the 

sea surface and contains the airspace 

located seaward of W–50 in the 

VACAPES OPAREA. Special use 

airspace within the portion of W–72 

west of 75° 30’W extends from the sea 

surface up to, but not including 2,000 

feet, (Area 13A) and then again above 

60,000 feet (flight level 600) to 

unlimited (Area 13B). Air operations 

between 2,000 feet and 60,000 feet are 

controlled by Naval Air Station Oceana, 

Virginia (2,000 feet to 23,000 feet) and 

by the Federal Aviation 

Administration’s (FAA) Washington 

Center (24,000 feet to 60,000 feet). Naval 

operations conducted in W–72 include 

air-to-air, air-to-surface, and surface-tosurface missile, gunnery and bomb 

training, aircraft carrier launch and 

recovery operations, and airborne drone 

and seaborne target launch, transit and 

recovery operations. 

Two Navy Shipboard Electronic 

Systems Evaluation Facility (SESEF) 

instrumented buoys are located in the 

vicinity of Chesapeake Light. Naval 

vessels conduct electronic systems tests 

and evaluation in the vicinity of these 

buoys and require freedom of movement 

while circumnavigating each buoy in a 

1 or 2 nmi radius. 

Air Navigation 

The FAA coordinates closely with the 

DoD and has jurisdiction over 

commercial flight paths out to 12 nmi 

offshore. Developers may be required to 

notify the FAA of construction of 

structures in that area with a Notice of 

Proposed Construction or Alteration. In 

response, the FAA would issue an 

opinion regarding whether or not the 

proposed structure(s) would constitute a 

hazard to air navigation. 

Protected Species 

Within the Call Area there are several 

species listed as threatened or 

endangered under the jurisdiction of 

either the U.S. Fish and Wildlife Service 

or NOAA’s National Marine Fisheries 

Service (NMFS). These species are 

described in this Call for informational 

purposes only. The federally-listed 

endangered Roseate Tern (Sturna 

dougallii dougallii) and Cahow 

(Pterodroma cahow) may occur 

occasionally within the Call Area, 

though neither species is expected to 

frequent the area based on available 

data. The Roseate Tern may pass 

through the area during migration, and 

the Cahow may occur during some 

weather conditions or while foraging 

outside of the breeding season. In 

addition to these two listed species, 

seabirds protected under the Migratory 

Bird Treaty Act may occur in the Call 

Area. Several species listed as 

threatened or endangered under the 

jurisdiction of NMFS occur seasonally 

in the Call Area. NMFS has not 

designated any critical habitat within 

the Call Area. Six species of endangered 

large whales occur seasonally off the 

Atlantic coast of the U.S.: the North 

Atlantic right (Eubalaena glacialis), fin 

(Balaenoptera physalus), sei 

(Balaenoptera borealis), humpback 

(Megaptera novaeangliae), sperm 

(Physeter macrocephalus), and blue 

(Balaenoptera musculus). However, of 

these six species, only three—right, 

humpback, and fin whales—are likely to 

occur in the Call Area; sperm, blue, and 

sei whales are typically found in waters 

farther offshore. 

Four species of listed sea turtles, 

including endangered leatherback 

(Dermochelys coriacea), Kemp’s ridley 

(Lepidochelys kempi) and green 

(Chelonia mydas) and threatened 

loggerhead (Caretta caretta), occur 

seasonally in the Call Area. Sea turtles 

arrive in the mid-Atlantic, including the 

Call Area, in the spring and typically 

begin migrating southward by midNovember. 

In addition to these ESA-listed marine 

mammals and sea turtles, NMFS has 

proposed to list 5 distinct population 

segments (DPS) of Atlantic sturgeon as 

threatened or endangered. The marine 

range of Atlantic sturgeon from all five 

of the DPSs extends from the Bay of 

Fundy, Canada into Florida and 

includes the Virginia Call Area. NMFS 

is in the process of final rulemaking 

regarding the status of Atlantic sturgeon. 

Unsolicited Applications Received by 

BOEM for Areas Offshore Virginia 

Research Lease Application 

In September 2011, DMME submitted 

an unsolicited application for a research 

lease under 30 CFR 585.238. Four of the 

sub-blocks in this research lease 

application are within the Call Area and 

DMME proposes to use these sub-blocks 

for the siting of two meteorological 

towers for monitoring of wind 

velocities, water levels, waves, and bird 

and bat activities within and around the 

Call Area. These four sub-blocks are 

listed below: 

Protraction name Protraction No. Block No. Sub block 

Currituck Sound ................................................................................. NJ18–11 6014 B,C 

Currituck Sound ................................................................................. NJ18–11 6164 N,O 

The DMME application states that the 

proposed meteorological towers can be 

planned, designed, installed and begin 

collecting data by the summer of 2013. 

Installation is contingent upon the 

acquisition of an OCS lease and 

subsequent submittal and BOEM review 

of an adequate plan describing these 

activities. 

This Call will enable BOEM to make 

a determination regarding competitive 

commercial interest in the Call Area, 

which encompasses these portions of 

DMME’s proposed research lease. 

BOEM believes that potential 

commercial development in an area 

should take priority over potential 

research activities in that area, if the two 

uses of the area(s) would not be 

compatible. If BOEM receives a 

nomination for a commercial wind lease 

encompassing a portion of the Call Area 

that DMME has proposed for a research 

lease. BOEM may issue only a 

commercial lease in that area. For 

BOEM to initiate the leasing process for 

the proposed research lease, BOEM 

would be required to publish a separate 

Federal Register notice to determine 

competitive interest, per 30 CFR 

§ 585.238(c). 

Commercial Applications 

In August and September 2009, two 

applicants submitted separate 

unsolicited requests for commercial 

leases on the OCS offshore Virginia 

pursuant to 30 CFR 585.230. The 

unsolicited lease requests were 

submitted by Apex Offshore Wind LLC 

(Apex) and Seawind Renewable Energy 

Corporation (Seawind). BOEM has 

informed the applicants that BOEM will 

not proceed with processing these 

unsolicited requests and invited them to 

submit a nomination pursuant to this 

Call instead. If either applicant is 

interested in obtaining a lease in the 

Call Area offshore Virginia, it must 

submit a complete nomination that 

describes that applicant’s commercial 

interest in direct response to the Call. 


tkelley on DSK3SPTVN1PROD with NOTICES
5552 Federal Register / Vol. 77, No. 23 / Friday, February 3, 2012 / Notices 

Required Nomination Information 

Nomination for a commercial wind 

energy lease in the area identified in 

this notice must include the following: 

(1) The BOEM Protraction name, 

number, and specific whole or partial 

OCS blocks within the Call Area that are 

of interest for commercial wind leasing, 

including any required buffer area. This 

information should be submitted as a 

spatial file compatible with ArcGIS 9.3 

in a geographic coordinate system (NAD 

83) in addition to a hard copy submittal. 

If the proposed project 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; 

(3) A preliminary schedule of 

proposed activities, including those 

leading to commercial operations; 

(4) Available and pertinent data and 

information concerning renewable 

energy resources and environmental 

conditions in the area that you wish to 

lease, including energy and resource 

data and information used to evaluate 

the 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 your nomination includes any of 

the sub-blocks that the Commonwealth 

of Virginia has identified for potential 

research activities, state whether you 

would consider such activities to be 

compatible with the commercial wind 

activities you ultimately plan to 

undertake on the lease. If it would be 

necessary for BOEM to exclude or 

restrict those activities from occurring 

in your commercial lease area, please 

provide an explanation; 

(6) Documentation demonstrating that 

you are legally qualified to hold a lease 

as set forth in 30 CFR 585.106 and 107. 

Examples of the documentation 

appropriate for demonstrating your legal 

qualifications and related guidance can 

be found in Chapter 2 and Appendix B 

of the BOEM Renewable Energy 

Framework Guide Book available at: 

http://www.boem.gov/RenewableEnergy-Program/RegulatoryInformation/Index.aspx#Notices_to_

Lessees,_Operators_and_Applicants. 

Legal qualification documents will be 

placed in an official file that may be 

made available for public review; and 

(7) Documentation demonstrating that 

you are technically and financially 

capable of constructing, operating, 

maintaining and decommissioning the 

facilities described in (2) above. 

Guidance regarding the required 

documentation to demonstrate your 

technical and financial qualifications 

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

Renewable-Energy-Program/RegulatoryInformation/Index.aspx#Notices_to_

Lessees,_Operators_and_Applicants. 

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 compact disc 

(CD) to be an acceptable format for 

submitting an electronic copy. 

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 which you must 

submit 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 submittal is insufficient and 

has failed to complete your nomination, 

then BOEM retains the right to deem 

your nomination invalid. In that case, 

BOEM would not process your 

nomination. 

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) in the area described 

in this notice; 

(2) Known archaeological and/or 

cultural resource sites on the seabed in 

the area described in this notice; 

(3) Historic properties potentially 

affected by the construction of 

meteorological towers, the installation 

of meteorological buoys, or commercial 

wind development in the area identified 

in this Call; 

(4) Multiple uses of the area, 

including navigation (in particular, 

commercial and recreational vessel use), 

recreation, and fisheries (commercial 

and recreational); and 

(5) Other relevant socioeconomic, 

biological, and environmental 

information. 

Protection of Privileged or Confidential 

Information 

Freedom of Information Act 

BOEM will protect privileged or 

confidential information submitted as 

required by the Freedom of Information 

Act (FOIA). Exemption 4 of FOIA 

applies to trade secrets and commercial 

or financial information that you submit 

that is privileged or confidential. If you 

wish to protect the confidentiality of 

such information, clearly mark it and 

request that BOEM treat it as 

confidential. BOEM will not disclose 

such information, subject to the 

requirements of FOIA. Please label 

privileged or confidential information 

‘‘Contains Confidential Information’’ 

and consider submitting such 

information as a separate attachment. 

However, BOEM will not treat as 

confidential any aggregate summaries of 

such information or comments not 

containing such information. 

Additionally, BOEM will not treat as 

confidential (1) the legal title of the 

nominating entity (for example, the 

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

of whole or partial blocks that you are 

nominating. Finally, information that is 

not labeled as privileged or confidential 

would be regarded by BOEM as suitable 

for public release. 

Section 304 of the National Historic 

Preservation Act (NHPA) (16 U.S.C. 

470w–3(a)) 

BOEM is required, after consultation 

with the Secretary of the Interior, to 

withhold the location, character, or 

ownership of historic resources if it 

determines that disclosure may, among 

other things, 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: January 23, 2012. 

Tommy P. Beaudreau, 

Director, Bureau of Ocean Energy 

Management. 

[FR Doc. 2012–2516 Filed 2–2–12; 8:45 am] 

BILLING CODE 4310–VH–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Ocean Energy Management 

[Docket No. BOEM–2011–0058] 

Commercial Leasing for Wind Power 

on the Outer Continental Shelf 

Offshore Maryland—Call for 

Information and Nominations 

AGENCY: Bureau of Ocean Energy 

Management (BOEM), Interior. 


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