```

[Federal Register Volume 79, Number 102 (Wednesday, May 28, 2014)]
[Notices]
[Pages 30645-30651]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12065]

-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Ocean Energy Management

[Docket No. BOEM-2013-0087; MMAA104000]

Commercial Leasing for Wind Power Development on the Outer 
Continental Shelf (OCS) Offshore New York--Call for Information and 
Nominations (Call)

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

ACTION: Call for Information and Nominations for Commercial Leases for 
Wind Power Development on the Outer Continental Shelf Offshore New 
York.

-----------------------------------------------------------------------

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 New York. Although the publication of this notice is not 
itself a leasing announcement, the area described herein may be subject 
to future leasing. 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.'' 
Parties that have previously submitted a nomination in response to the 
Request for Interest (RFI) (78 FR 760, published on January 4, 2013) do 
not need to resubmit their proposals unless they wish to modify or 
update them.
    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 and/or to 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 Call 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

[[Page 30646]]

implementing regulations at 30 CFR Part 585.
    The Call Area described in this notice is located on the OCS off 
the coast of Long Island, New York, beginning approximately 11 nautical 
miles (nmi) south of Long Beach, New York. From its western edge, the 
area extends approximately 26 nmi southeast at its longest portion. The 
project area consists of 5 full OCS blocks and 148 sub-blocks. The 
entire area is approximately 127 square miles, 81,130 acres, or 32,832 
hectares. Table 1 describes the OCS lease blocks and sub-blocks 
included within the area of interest. A detailed description of the 
area is presented later in this notice.

DATES: BOEM will only consider nominations describing interest in this 
Call Area that are postmarked by July 14, 2014. BOEM requests that 
comments and any other information are submitted 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) or flash drive. Nominations must be postmarked by July 14, 
2014. 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-2013-0087, and 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, send 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 nomination or comment, 
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: Dr. Andrew Krueger, Project 
Coordinator, BOEM, Office of Renewable Energy Programs, 381 Elden 
Street, HM 1328, Herndon, Virginia 20170-4817, (703) 787-1320, or 
andrew.krueger@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 purpose of this notice is to inform the 
public that BOEM has determined that competitive interest exists in the 
area identified, solicit any additional expressions of interest in 
obtaining a lease in the area identified, and request information from 
interested and affected parties on issues relevant to BOEM's review of 
nominations for potential leases in the area identified.

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 (Secretary) 
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 rule, 30 CFR Part 585, which can be found at: http://www.boem.gov/Renewable-Energy-Program/Regulatory-Information/Index.aspx#Rules_Development.

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 established by the National Ocean Council, 
to inform its leasing processes. BOEM anticipates that continued 
coordination with its Intergovernmental Renewable Energy Task Forces 
will help inform comprehensive coastal and marine spatial planning 
efforts.

Mid-Atlantic Regional Planning Body

    The National Ocean Policy also calls for the creation of Regional 
Planning Bodies (RPBs) to coordinate and implement regional ocean 
planning with state, Federal, tribal, and Fishery Management Council 
representatives. The intergovernmental Mid-Atlantic RPB (MidA RPB) was 
formally established in April 2013 to leverage existing state and 
regional ocean planning efforts and to engage stakeholders and 
technical experts at every key step.
    The MidA RPB is composed of representatives from New York, New 
Jersey, Pennsylvania, Delaware, Maryland, and Virginia. Representatives 
from New York are actively engaged in the regional planning body. See 
the MidA RPB Web site for additional information: http://www.boem.gov/Mid-Atlantic-Regional-Planning-Body/.

Actions Taken by the State of New York in Support of Renewable Energy 
Development

    The State of New York has taken important steps to study offshore 
wind energy development as well as other forms of renewable energy 
production. New York State coordinates renewable energy policies to 
strategically harness the many resources that the State can provide to 
solar, wind (offshore and land-based), bioenergy, geothermal, 
hydrokinetic, storage, and other power supply options. New York has 
developed strategies that take into account the opportunities provided 
by the diverse renewable resources

[[Page 30647]]

available in different regions of the State. These strategies are 
documented in the 2014 Draft New York State Energy Plan, available at: 
http://energyplan.ny.gov/Plans/2014.aspx.

BOEM New York Renewable Energy Task Force

    In December 2009, the Governor of New York requested that BOEM form 
a task force to facilitate intergovernmental communications regarding 
OCS renewable energy activities and development offshore New York. The 
BOEM New York Renewable Energy Task Force first met in November 2010 to 
facilitate coordination among relevant Federal agencies and affected 
state, local, and tribal governments throughout the leasing process. 
Two subsequent meetings were held in April 2012 and September 2013. 
Task Force meeting materials are available on the BOEM Web site at: 
http://www.boem.gov/Renewable-Energy-Program/State-Activities/New-York.aspx.

New York Call Area

    The Call Area is the same as the area described in the Request for 
Interest (RFI) (78 FR 760), which was published in the Federal Register 
on January 4, 2013, and is discussed in further detail in the 
``Publication of RFI and Responses Received'' section below. BOEM may 
adjust this potential leasing area in response to comment submissions 
and information received from this notice and the associated Notice of 
Intent to Prepare an Environmental Assessment (NOI-EA), described below 
in the section entitled, ``Environmental Review.''

Publication of RFI and Responses Received

    On September 8, 2011, BOEM received an unsolicited request from the 
New York Power Authority (NYPA) for a commercial wind lease on the OCS 
offshore New York. NYPA submitted its request on behalf of the ``Long 
Island-New York City Offshore Wind Collaborative,'' a public-private 
entity consisting of NYPA, the Long Island Power Authority, and 
Consolidated Edison Company of New York, Inc. The Collaborative's goal 
is to develop the proposed project to supply Long Island and New York 
City with renewable energy, consistent with New York State's and the 
City of New York's renewable energy initiatives. NYPA's proposed 
project, the ``Long Island-New York City Offshore Wind Project,'' is 
designed to generate at least 350 megawatts (MW) of electricity from 
offshore wind resources, with the ability to expand generation capacity 
to as much as 700 MW. The project would be located approximately 11 nmi 
south of Long Beach, New York, in water depths ranging from 60 to 120 
feet.
    In subsequent discussions, the U.S. Coast Guard (USCG) recommended 
a minimum one nautical mile separation distance from designated 
navigation lanes. NYPA incorporated this guidance in their lease 
request by an amendment filed on June 20, 2012, requesting additional 
lease area to compensate for the area lost by the increased setback 
distance. NYPA's unsolicited lease request and the amendment can be 
viewed at: http://www.boem.gov/Renewable-Energy-Program/State-Activities/New-York.aspx.
    In response to the unsolicited proposal, as amended, BOEM issued an 
RFI on January 4, 2013, to determine whether any parties in addition to 
NYPA are interested in developing commercial wind facilities in the 
same area. BOEM received two indications of interest in response to 
that notice, which can be viewed at: http://www.boem.gov/Renewable-Energy-Program/State-Activities/New-York.aspx. Two companies 
(Fishermen's Energy, LLC and Energy Management, Inc.) responded to the 
RFI with indications that they were interested in developing the same 
area. BOEM reviewed the information submitted by those companies and 
determined that they demonstrated the technical and financial 
capability to hold an OCS lease for commercial wind energy development 
offshore New York. Therefore, BOEM has since determined that there is 
competitive interest in obtaining commercial wind leases in the Call 
Area, and is proceeding with the competitive renewable energy leasing 
process.
    In addition to indications of interest, BOEM received 33 public 
comment submissions from individuals, trade associations, environmental 
groups, local and state governments, and federal agencies in response 
to the RFI. The majority of comment submissions indicated strong 
support for the development of an offshore wind facility for a variety 
of reasons. The City of New York stated support for the development of 
an offshore wind facility in order to diversify the electricity supply, 
reduce electric constraints, and help to achieve a more reliable 
electric system. Numerous environmental groups and their members noted 
their support for an offshore wind facility as a means to reduce the 
need for additional fossil fuel-based power plants, reduce the impacts 
of climate change, and improve air quality. Additionally, multiple 
labor and environmental groups as well as state agencies endorsed the 
development of an offshore wind facility near New York as a means to 
increase economic growth in the region through sales and wages over the 
course of a wind facility's construction and operation.
    Some comment submissions highlighted concerns for BOEM to consider 
throughout the leasing process. Multiple commenters, including the 
National Oceanic and Atmospheric Administration (NOAA), the National 
Park Service (NPS), and the National Wildlife Federation, urged BOEM to 
investigate mitigation strategies to ensure that North Atlantic right 
whales are protected during the development of offshore wind resources 
in the area. Commenters highlighted that other endangered or threatened 
species may be found near the Call Area as well, including (in no 
particular order of conservation priority/concern): The fin whale, 
humpback whale, piping plover, roseate tern, Atlantic sturgeon, 
seabeach amaranth, loggerhead sea turtle, green sea turtle, leatherback 
sea turtle, and Kemp's Ridley sea turtle. Commenters noted that several 
species protected under the Marine Mammal Protection Act may be found 
in the Call Area as well.
    Other commenters highlighted possible negative impacts to valuable 
sea scallop fishing activities in the Call Area and requested that the 
majority of the Call Area be excluded from further consideration. 
Although BOEM is retaining this fishing area in the Call Area at this 
time, BOEM will consider this comment and other relevant fishery 
information as we move forward with area identification.
    Other agencies highlighted the need for ongoing consultation 
throughout the leasing process. For example, the NPS highlighted its 
concern that a commercial wind facility in the Call Area would impact 
Fire Island National Seashore and Gateway National Recreation Area as 
well as a number of National Historic Landmarks along the New Jersey 
coastline. The NPS has requested that it be consulted on these matters 
and given the opportunity to comment on future environmental documents, 
site assessment plans, and construction and operations plans regarding 
protected areas as well as viewsheds, threatened and endangered 
species, sediment transport, and other resources. BOEM will continue to 
work with NPS as we move forward.
    Additionally, NOAA noted that the Call Area is designated as 
essential fish habitat for several federally managed

[[Page 30648]]

species that may be impacted by the development of an offshore wind 
facility. The use of the area as a fishery is supported by fishing data 
previously supplied to BOEM by NOAA. NOAA highlighted the need to 
investigate these possible impacts, including cumulative effects and 
whether fishing activity may continue within a developed wind facility. 
BOEM will consult with NOAA on these issues through statutory 
consultation requirements and informal collaboration.
    Last, the USCG Sector New York identified a portion of the Call 
Area that is currently used as a weapons training area (WTA) for 
maintaining law enforcement proficiency. USCG requested in its comment 
submission that this WTA be given consideration as an existing use, as 
BOEM proceeds with the competitive leasing process offshore New York. 
It is important to note that the WTA is not an officially designated 
weapons training range. USCG has clarified to BOEM that if BOEM 
ultimately issues a wind energy lease in the Call Area, USCG has an 
alternate WTA within the Sector New York area that could be utilized 
instead.
    For additional detail, all comment submissions are available at: 
http://www.boem.gov/Renewable-Energy-Program/State-Activities/New-York.aspx.
    BOEM appreciates the submission of these comments and will give 
proper consideration to them throughout its planning and decision-
making process.

Competitive Leasing Process

    The following are the next steps in the competitive leasing process 
after this Call:
    (1) Area Identification: BOEM will identify areas for environmental 
analysis and consideration for leasing in consultation with appropriate 
Federal agencies, states, local governments, affected Indian Tribes, 
and other interested parties. BOEM will also consider comments and 
nominations made in response to this Call with respect to areas that 
should receive special consideration and analysis, including but not 
limited to areas with geological conditions, archeological sites, 
multiple uses, and other socioeconomic, biological, and environmental 
information. The environmental analysis and consideration will detail 
the potential effect of leasing on the human, marine, and coastal 
environments, and BOEM will develop measures to mitigate adverse 
impacts, including lease stipulations and conditions. BOEM will comply 
with the requirements of the National Environmental Policy Act (NEPA), 
the Coastal Zone Management Act (CZMA), and any other applicable 
Federal statutes for the purpose of issuing a lease in the Call Area.
    (2) Proposed Sale Notice: After the completion of the necessary 
environmental reviews, 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.
    (3) Final Sale Notice: If BOEM decides to proceed with lease 
issuance after considering comment submissions 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 will publish the criteria for 
winning bid determinations in the FSN.
    (4) 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 will evaluate each bid to determine 
if the bidder has complied with all applicable regulations and the 
terms of the FSN. BOEM reserves the right to reject any or all bids as 
well as the right to withdraw an offer to lease an area from the sale.
    (5) 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 documents. 
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.

Environmental Review

    BOEM is publishing concurrently with this Call a Notice of Intent 
to prepare an Environmental Assessment (NOI-EA) to consider the 
environmental impacts and socioeconomic effects of issuing one or more 
renewable energy leases in the Call Area. The EA will investigate 
reasonably foreseeable site characterization activities, such as 
geophysical, geotechnical, archaeological, and biological surveys. The 
EA will also consider 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 any lease that may be issued. The 
New York NOI-EA can be found at: http://www.boem.gov/Renewable-Energy-Program/State-Activities/New-York.aspx.
    In the event that a 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 NEPA analysis would be 
required before BOEM makes a decision on the SAP. If, on the other 
hand, BOEM determines that the analysis in the EA is inadequate for 
that purpose, BOEM would conduct additional NEPA analysis before it 
makes 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 Environmental Impact Statement and would 
provide the public and Federal officials with comprehensive information 
regarding the reasonably foreseeable

[[Page 30649]]

environmental impacts of the proposed project. At this stage, 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 is the same as the area described in the RFI, which 
was published in the Federal Register on January 4, 2013. The Call Area 
offshore New York contains 5 whole OCS blocks and 148 sub-blocks. The 
area begins approximately 11 nmi south of Long Beach, New York. From 
its western edge, the area extends approximately 26 nmi southeast at 
its longest portion. The entire area is approximately 127 square miles, 
81,130 acres, or 32,832 hectares. Table 1 below describes the OCS lease 
blocks and sub-blocks included within the Call Area.

                      Table 1--List of OCS Blocks and Sub-blocks Included in the Call Area
----------------------------------------------------------------------------------------------------------------
       Protraction name          Protraction No.     Block No.                       Sub block
----------------------------------------------------------------------------------------------------------------
New York......................  NK 18-12........            6655  F,G,H,K,L,P.
New York......................  NK 18-12........            6656  I,J,K,L,M,N,O,P.
New York......................  NK 18-12........            6657  M,N,O,P.
New York......................  NK 18-12........            6706  B,C,D,H.
New York......................  NK 18-12........            6707  A,B,C,D,E,F,G,H,J,K,L,P.
New York......................  NK 18-12........            6708  Entire block.
New York......................  NK 18-12........            6709  E,F,G,H,I,J,K,L,M,N,O,P.
New York......................  NK 18-12........            6710  I,J,K,L,M,N,O,P.
New York......................  NK 18-12........            6711  M,N,O,P.
New York......................  NK 18-12........            6712  M.
New York......................  NK 18-12........            6758  A,B,C,D,G,H.
New York......................  NK 18-12........            6759  A,B,C,D,E,F,G,H,I,J,K,L,O,P.
New York......................  NK 18-12........            6760  Entire block.
New York......................  NK 18-12........            6761  Entire block.
New York......................  NK 18-12........            6762  Entire block.
New York......................  NK 18-12........            6763  A,C,D,E,F,G,H,I,J,K,L,M,N,O,P.
New York......................  NK 18-12........            6764  A,E,F,G,H,I,J,K,M,N.
New York......................  NK 18-12........            6810  A,B,C,D,G,H,L.
New York......................  NK 18-12........            6811  A,B,C,D,E,F,G,H,I,J,K,L,O,P.
New York......................  NK 18-12........            6812  Entire block.
New York......................  NK 18-12........            6813  A,B,C,D,E,F,G,H,I,J,M,N.
New York......................  NK 18-12........            6814  A.
New York......................  NK 18-12........            6862  A,B,C,D,E,F,G,H,K.
New York......................  NK 18-12........            6863  A.
----------------------------------------------------------------------------------------------------------------

Map of the Call Area

    A map of the Call Area can be found at: http://www.boem.gov/Renewable-Energy-Program/State-Activities/New-York.aspx.
    A large-scale map of the Call Area showing boundaries 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.

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 responses to the RFI. These 
areas are described below.

Traffic Separation Schemes

    The Call Area is located between two Traffic Separation Schemes 
(TSS) for vessels transiting into and out of the Port of New York and 
New Jersey. The USCG has generally recommended that lease areas be 
located with a minimum setback of 1 nmi from any adjacent TSS. BOEM has 
adopted this recommendation and NYPA filed an amendment to their 
nomination adding area to compensate for the wider setback distance. 
The Call Area includes the additional area requested in NYPA's 
amendment. For purposes of this Call, BOEM will not consider leasing 
those sub-blocks between an adjacent TSS and the 1 nmi setback. 
However, BOEM is including sub-blocks that are transected by the 
setback line. BOEM reserves the right to prohibit the installation of 
any structures on the portions of those sub-blocks located within the 
recommended setback.

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 suspends operations and/or

[[Page 30650]]

evacuates the lease in the interest of safety and/or national security.

Port Ambrose Liquefied Natural Gas Project

    Potentially interested parties should be aware that Liberty Natural 
Gas, LLC (Liberty) has submitted an application to the USCG and the 
Maritime Administration for the construction and operation of an 
offshore liquefied natural gas (LNG) facility, called the Port Ambrose 
LNG Project. The proposed facility would be located within the Call 
Area, (OCS blocks 6708, 6709, and 6758), roughly 19 miles off Jones 
Beach, New York, and approximately 31 miles from the entrance to New 
York Harbor. The USCG is in the process of reviewing Liberty's 
application and determining guidance for setbacks and other measures 
that will ultimately determine the footprint of the Port Ambrose LNG 
Project.
    BOEM provided scoping comments to the USCG on July 19, 2013, in 
relation to the USCG's development of an Environmental Impact Statement 
for the proposed Port Ambrose LNG project. BOEM's primary concern was 
to ascertain the compatibility of a commercial wind facility with the 
LNG project. Although Liberty noted their belief that the LNG facility 
would be compatible with a large wind energy facility in their 
application, BOEM highlighted concerns about navigational challenges 
resulting from large LNG vessels operating within close proximity to 
offshore wind turbines. BOEM recommended that the USCG require a more 
thorough analysis of the proposed LNG facility's compatibility with 
large scale wind development as well as an investigation of strategies 
to minimize potential conflicts.
    Additional information on the Liberty Natural Gas Deepwater Port 
License Application is available at: https://federalregister.gov/a/2013-15008.

Protected Species

    As mentioned in the ``Publication of RFI and Responses Received'' 
section above, BOEM received multiple comment submissions in response 
to the RFI highlighting concerns that offshore wind development in the 
Call Area may affect threatened or endangered species that occur within 
the Call Area.
    The U.S. Fish and Wildlife Service (FWS) recommends that project 
area data be collected to fill data gaps and provide information on 
protected species within the Call Area and that study plans should be 
coordinated with the FWS. This recommendation is consistent with the 
BOEM ``Guidelines for Providing Avian Survey Information for Renewable 
Development on the Atlantic Outer Continental Shelf,'' available at: 
http://www.boem.gov/Regulatory-Development-Policy-and-Guidelines. 
NOAA's National Marine Fisheries Service (NMFS) recommended that BOEM 
refer to maps of certain environmental and ecological parameters 
generated by the NMFS Northeast Fisheries Science Center, as well as 
data from the New York Department of State's Offshore Atlantic Ocean 
Study and the Mid-Atlantic Regional Council on the Ocean's data portal 
during the leasing area identification process to identify areas that 
serve critical ecosystem functions. Additional information on protected 
species will be gathered by BOEM during the NOI-EA comment period. Any 
interested parties are encouraged to provide comments in response to 
this notice and the associated NOI-EA.

Call for Nominations: Required Information for Responses

    A 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 10.1 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, including your intended project 
size and turbine array configuration (i.e., conceptual turbine spacing, 
number of turbines, turbine nameplate capacity);
    (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 10.1 
in a geographic coordinate system (NAD 83);
    (5) Documentation demonstrating that you are legally qualified to 
hold a lease as set forth in 30 CFR 585.106 and 107. Examples of the 
documentation appropriate for demonstrating your legal qualifications 
and related guidance can be found in Chapter 2 and Appendix B of the 
BOEM Renewable Energy Framework Guide Book available at: http://www.boem.gov/Renewable-Energy-Program/Regulatory-Information/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
    (6) 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/Regulatory-Information/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 CD or 
flash drive 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 notify you 
of this determination in writing. The notice 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 
notice 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.
    If you have already submitted this information in response to the 
RFI or as part of an unsolicited application, there is no need to re-
submit these materials in response to this Call. If you wish to include 
additional information or modify any information already submitted in 
response to the RFI, including the area described in your submission, 
you may do so in response to this Call.

[[Page 30651]]

    Applicants who submit a nomination in response to this Call, or who 
already submitted a nomination in response to the RFI, are invited (but 
not required) to respond to this Call with a description of the 
compatibility of their proposed project with the proposed Port Ambrose 
LNG Project and with commercial fishing activity occurring, or expected 
to occur, within and/or near the Call Area. Please state whether you 
would consider such activities to be compatible with the commercial 
wind activities you ultimately plan to undertake on the lease. If you 
believe that specific project design measures would promote greater 
compatibility, please specify which measures (e.g., notices to 
mariners, spacing between individual turbines, array configurations, 
cable burial depths, routing measures, inspection protocols, cable 
configurations or consolidations).

Call for Information: Requested Information From Interested or Affected 
Parties

    BOEM is requesting from the public and other interested or affected 
parties specific and detailed data, or other information 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) Other uses of the area, including navigation (in particular, 
commercial and recreational vessel use), recreation, and fisheries 
(commercial and recreational);
    (5) Other relevant socioeconomic, biological, and environmental 
information;
    (6) Any potential conflicts or compatibilities between the proposed 
commercial wind activities and existing fishing practices. If you 
believe that specific wind project design measures would promote 
greater compatibility between these two uses, please specify which 
measures (e.g., notices to mariners, spacing between individual 
turbines, array configurations, cable burial depths, routing measures, 
inspection protocols, cable configurations or consolidations);
    (7) Any potential conflicts or compatibilities between the proposed 
Port Ambrose LNG Project and proposed commercial wind activities. If 
you believe that specific wind project design measures would promote 
greater compatibility between these two uses, please specify which 
measures (e.g., notices to mariners, spacing between individual 
turbines, array configurations, cable burial depths, routing measures, 
inspection protocols, cable configurations or consolidations); and
    (8) Any other relevant information BOEM should consider during its 
planning and decision-making process for the purpose of issuing a lease 
in the Call Area.

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: May 19, 2014.
Walter D. Cruickshank,
Acting Director, Bureau of Ocean Energy Management.
[FR Doc. 2014-12065 Filed 5-27-14; 8:45 am]
BILLING CODE 4310-MR-P
```