Federal Register, Volume 75 Issue 249 (Wednesday, December 29, 2010)

[Federal Register Volume 75, Number 249 (Wednesday, December 29, 2010)]
[Notices]
[Pages 82055-82061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32853]

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DEPARTMENT OF THE INTERIOR

Bureau of Ocean Energy Management, Regulation and Enforcement

[Docket No. BOEM-2010-0063]

Commercial Leasing for Wind Power on the Outer Continental Shelf
(OCS) Offshore Massachusetts--Request for Interest (RFI)

AGENCY: Bureau of Ocean Energy Management, Regulation and Enforcement,
Interior.

ACTION: RFI in Commercial Wind Energy Leasing Offshore Massachusetts,
and Invitation for Comments from Interested and Affected Parties.

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SUMMARY: The Bureau of Ocean Energy Management, Regulation and
Enforcement (BOEMRE) invites submissions describing interest in
obtaining one or more commercial leases for the construction of a wind
energy project(s) on the Outer Continental Shelf (OCS) offshore
Massachusetts. BOEMRE will use the responses to this RFI to gauge
specific interest in commercial development of OCS wind resources in
the area described, as required by 43 U.S.C. 1337(p)(3). Parties
wishing to obtain a commercial lease for a wind energy project should
submit detailed and specific information as described below in the
section entitled, ``Required Indication of Interest Information.''
Also, with this announcement, BOEMRE invites all interested and
affected parties to comment and provide information--including
information on environmental issues and data--that will be useful in
the consideration of the RFI area for commercial wind energy leases.
This RFI is published pursuant to subsection 8(p) of the OCS Lands
Act, as amended by section 388 of the Energy Policy Act of 2005 (EPAct)
(43 U.S.C. 1337(p)(3)) and the implementing regulations at 30 CFR part
285.
The area of interest for commercial development is off the coast of
Massachusetts beginning approximately 12 nautical miles (nm) south of
Martha's Vineyard and Nantucket and extending approximately 31 nm
seaward, south to the 60 meter depth contour, then east approximately
65 nm, then north approximately 31 nm. The area is approximately 2,224
square nm and contains 321 whole OCS lease blocks as well as 163
partial blocks. This area was delineated in consultation with the
BOEMRE Massachusetts Renewable Energy Task Force. A detailed
description of the RFI area is found later in this notice.
This RFI is being published as a first step under the Secretary of
the Interior's Smart from the Start OCS renewable energy initiative,
which was announced by Secretary Ken Salazar on November 23, 2010. Some
of the area delineated for the Massachusetts RFI may be identified as a
Wind Energy Area (WEA) as referenced and described in the Secretary's
announcement. A WEA is an OCS location that appears to be most suitable
for commercial wind energy development and is identified by BOEMRE for
further study and consultation to foster responsible and efficient
leasing and development. The Massachusetts RFI was delineated based on
deliberation and consultation with the Massachusetts Renewable Energy
Task Force and the subsequent selection of a WEA will be based on
further scrutiny resulting from input received on this RFI. The
comments and information responding to this RFI will enable BOEMRE to
identify focused WEA's for both competitive and noncompetitive leasing
processes and accompanying environmental review under the National
Environmental Policy Act (NEPA).

DATES: BOEMRE must receive your submission indicating your interest in
this potential commercial leasing area no later than February 28, 2011
for your submission to be considered. BOEMRE requests comments or other
submissions of information by this same date. We will consider only the
submissions we receive by that time.
Submission Procedures: You may submit your indications of interest,
comments, and information by one of two methods:
1. Electronically: http://www.regulations.gov. In the entry titled
``Enter Keyword or ID,'' enter BOEM-2010-0063, then click search.
Follow the instructions to submit public comments and view supporting
and related materials available for this request for information.
BOEMRE will post all comments.
2. By mail, sending your indications of interest, comments, and
information to the following address: Bureau of Ocean Energy
Management, Regulation and Enforcement, Office of Offshore Alternative
Energy Programs, 381 Elden Street, Mail Stop 4090, Herndon, Virginia
20170.

FOR FURTHER INFORMATION CONTACT: Jessica Bradley, Renewable Energy
Program Specialist, Bureau of Ocean Energy Management, Regulation and
Enforcement, Office of Offshore Alternative Energy Programs, 381 Elden
Street, Mail Stop 4090, Herndon, Virginia 20170, (703) 787-1300.

SUPPLEMENTARY INFORMATION:

Purpose of the Request for Interest

The OCS Lands Act requires BOEMRE to award leases competitively,
unless BOEMRE makes a determination that there is no competitive
interest (43 U.S.C. 1337(p)(3)). This RFI is a preliminary step in the
leasing process and the responses to it will assist BOEMRE in
determining if there is competitive interest in the area described
herein on the OCS offshore Massachusetts. If, following this RFI,
BOEMRE determines that there is no competitive interest in this area
offshore Massachusetts, BOEMRE may proceed with the noncompetitive
lease process pursuant to 30 CFR 285.232 of the Renewable Energy and
Alternate Uses of Existing Facilities on the Outer Continental Shelf
(REAU) rulemaking. If, following this RFI, BOEMRE determines that there
is competitive interest in the RFI area, BOEMRE may proceed with the
competitive leasing process set forth under 30 CFR 285.211 through
285.225. Whether the leasing process is competitive or noncompetitive,
it will include opportunities for the public to provide input as well
as a thorough environmental review, and will be conducted in
conformance with all applicable laws and regulations.
As part of the renewable energy leasing process, BOEMRE has
consulted with the Commonwealth of Massachusetts on offshore renewable
energy development. The Commonwealth of Massachusetts has expressed
that it welcomes expressions of interest that support any potential
commercial scale wind energy development. The Commonwealth notes that
it looks forward in particular to expressions of interest that propose
the integrated development of significant generation capacity and a
transmission system to connect the generation project(s) to the New
England electric grid in Massachusetts or the New England region.
Additionally, Massachusetts will ask respondents to provide a
preliminary description of infrastructure and locations for on-shore
assembly, supply chain and maintenance operations. See companion

[[Page 82056]]

piece from the Commonwealth of Massachusetts that provides additional
information on the State's interest and goals at: http://www.mass.gov/?pageID=eoeeaterminal&L=4&L0=Home&L1=Energy%2c+Utilities+%26+Clean+Technologies&L2=Renewable+Energy&L3=Wind&sid=Eoeea&b=terminalcontent&f=doer_renewables_wind_offshore-wind&csid=Eoeea.
Parties other than those interested in obtaining a commercial lease
are welcome to submit comments in response to this RFI. Further, BOEMRE
has formed the BOEMRE/Massachusetts Renewable Energy Task Force for
coordination among relevant Federal agencies and affected state, local,
and tribal governments throughout the leasing process. Task Force
meeting materials are available on the BOEMRE Web site at: http://www.boemre.gov/offshore/RenewableEnergy/stateactivities.htm#Massachusetts.

Background

Energy Policy Act of 2005

EPAct amended the OCS Lands Act by adding subsection 8(p), which
authorizes the Secretary of the Interior to grant leases, easements, or
rights-of-way (ROWs) on the OCS for activities that are not otherwise
authorized by law and that produce or support production,
transportation, or transmission of energy from sources other than oil
or gas. EPAct also required the issuance of regulations to carry out
the new authority pertaining to renewable energy on the OCS. The
Secretary delegated this authority to issue leases, easements, and
ROWs, and to promulgate regulations, to the Director of BOEMRE. BOEMRE
published the REAU rule on April 29, 2009.

Executive Order 13547: Stewardship of the Ocean, Our Coasts, and the
Great Lakes

In July 2010, the President signed an Executive Order establishing
the National Ocean Council. The Order establishes a comprehensive,
integrated national policy for the stewardship of the Nation's ocean,
coasts and Great Lakes and outlines procedures for the implementation
of coastal and marine spatial planning through regional planning
bodies.
BOEMRE appreciates the importance of coordinating its planning
endeavors with other OCS users and regulators and intends to use the
efforts of the regional planning bodies as a resource to inform its
regulatory and leasing processes. BOEMRE anticipates that continued
coordination with the State Renewable Energy Task Forces will help
inform the comprehensive coastal and marine spatial planning effort.

Actions Taken by the Commonwealth of Massachusetts

In January 2010, the Patrick Administration released a study
entitled Strategic Options for Investment in Transmission in Support of
Offshore Wind Development in Massachusetts. The report was produced by
a team at Analysis Group, under the leadership of Dr. Susan F. Tierney.
It analyzes the transmission challenges involved in creating
substantial offshore wind generation, and presents a series of options
for the Commonwealth to consider in developing sufficient transmission
capacity; http://www.analysisgroup.com/uploadedFiles/Publishing/Articles/Strategic_Options_Offshore_Wind_12-01-09.pdf.
In January 2010, the Executive Office of Energy and Environmental
Affairs (EEA) promulgated the Massachusetts Ocean Management Plan,
which establishes new protections for significant marine resources and
guides potential future marine development away from environmentally
sensitive areas in State waters and on the OCS. To address renewable
energy development, the Ocean Management Plan designates two locations,
the Gosnold and Martha's Vineyard WEAs, for potential future
commercial-scale wind energy development in state waters. Each
community will have a significant role in approving projects within
their respective jurisdictions. The Ocean Management Plan also
distributes an initial development allotment of 100 turbines, on a
sliding scale (based on coastline, ocean area, etc.) among the seven
coastal regional planning authorities for the development of community
(small-scale) wind energy development in state waters. The Ocean
Management Plan is based on, and presents detailed maps of, a
comprehensive analysis of currently available natural resource and
human use data. Some data from the Ocean Management Plan extend
sufficiently onto the OCS and will help inform ongoing planning in
association with the Federal leasing process; additional data will be
developed by the state in conjunction with BOEMRE. See http://www.mass.gov/eea/mop for material associated with the Ocean Management
Plan. For Ocean Management Plan spatial data that extends onto the OCS,
go to the on-line Massachusetts Ocean Resource Information System
(MORIS). To interactively view the spatial data in MORIS, go to http://www.mass.gov/czm/mapping/index.htm and select ``Yes'' to accept the
terms of use. Data are located in the ``BOEMRE Request for Interest
(RFI)'' folder, located within the ``Ocean Management'' folder.
Directions on how to navigate the map and download data are available
on the MORIS Web site.
The Massachusetts Clean Energy Center has solicited a Port and
Support Infrastructure Analysis for Offshore Energy Development, which
will analyze shore and port facilities with a view towards identifying
appropriate port facilities, estimating upgrades to make the locations
suitable to support offshore energy development, and quantifying
economic impacts on the port area.
On July 26, 2010, Massachusetts Governor Deval Patrick and Rhode
Island Governor Donald Carcieri signed a Memorandum of Understanding
(MOU) to jointly explore the potential development of offshore wind
energy in an ``area of mutual interest'' (AMI) on the OCS offshore both
States. BOEMRE will work with both states and the BOEMRE/Rhode Island
and BOEMRE/Massachusetts Renewable Energy Task Forces in moving forward
with renewable energy leasing within this area.

Determination of Competitive Interest

The first step in determining whether there is competitive interest
in an area on the OCS for wind energy projects offshore of
Massachusetts will be the evaluation of submissions describing
nominations for particular areas of interest as suitable for commercial
wind energy projects in response to this RFI. At the conclusion of the
comment period for this RFI, BOEMRE will review the information
received, undertake a completeness review and qualifications review of
the nominations received, and make a determination of competitive
interest. BOEMRE will first determine whether there is any geographic
overlap of the areas of interest. If two areas of interest fully or
partially overlap, the competitive process will begin as outlined in 30
CFR 285.211 through 285.225. BOEMRE will consult with the Massachusetts
Renewable Energy Task Force throughout this process.
Situations may arise in which several parties nominate project
areas that do not overlap. Under these circumstances, BOEMRE could
choose to employ an allocation system of leases that involves the
creation of competition across tracts. This system is referred to as
intertract competition and would also be implemented under the
competitive process outlined in 30 CFR 285.211 through 285.225. BOEMRE
will consult with the BOEMRE/Massachusetts

[[Page 82057]]

Renewable Energy Task Force in determining intertract competition.

Competitive Process

If BOEMRE determines that competitive interest exists for this
area, it would proceed with the following defined process, as described
in 30 CFR 285.211 through 285.225, consulting with the BOEMRE/
Massachusetts Renewable Energy Task Force, as appropriate:
(1) Call for Information and Nominations (Call). BOEMRE would
publish in the Federal Register a notice of a Call for Information and
Nominations for leasing in specified areas. The comment period
following the notice of a Call would be 45 days. In the notice, BOEMRE
may request comments seeking information on areas that should receive
special consideration and analysis; on geological conditions (including
bottom hazards); on archaeological sites on the seabed or nearshore; on
possible multiple uses of the proposed leasing area (including
navigation, recreation, and fisheries); and, on other socioeconomic,
cultural, biological, and environmental matters.
BOEMRE would require potential lessees to submit the following
information in response to the Call: the area of interest for a
possible lease; a general description of the potential lessee's
objectives and the facilities that the potential lessee would use to
achieve those objectives; a general schedule of proposed activities,
including those leading to commercial operations; data and information
concerning renewable energy and environmental conditions in the area of
interest, including the energy data, natural and cultural resource
data, potential landside and nearshore project elements that may affect
historic and cultural resources, and information that was used to
evaluate the area of interest; and documentation showing that the
submitting entity is qualified to hold a lease. However, an applicant
would not be required to resubmit information already submitted in
response to this RFI. The Call may solicit information relating to the
offshore transmission system of interest to the state in addition to
information relating to existing wind generating facilities and sites.
(2) Area Identification. BOEMRE would identify areas for
environmental analysis and consideration for leasing in discussion with
appropriate Federal agencies, states, local governments, Indian tribes
and other interested parties based on the information submitted in
response to this RFI and the Call.
(3) Proposed Sale Notice. BOEMRE would then publish the Proposed
Sale Notice (PSN) in the Federal Register and send the PSN to any
affected Tribal government, the State Historic Preservation Office, the
Governor of any affected state and the executive of any local
government that might be affected. The PSN would describe the areas
offered 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 would describe the criteria and
process for evaluating bids. The PSN would be issued after completion
of the final National Environmental Policy Act (NEPA) documentation,
preparation of the Consistency Determination as required by the Coastal
Zone Management Act (CZMA) and its implementing regulations, and
preparation of various analyses of proposed lease sale economic terms
and conditions. The comment period following issuance of a PSN would be
60 days.
(4) Final Sale Notice. BOEMRE would then publish the Final Sale
Notice (FSN) in the Federal Register at least 30 days before the date
of the sale. Should BOEMRE proceed with a competitive auction to award
leases, BOEMRE would use one of the following three auction formats to
select the winner as described at 30 CFR 285.220: sealed bidding;
ascending bidding; or two-stage bidding (a combination of ascending
bidding and sealed bidding). The BOEMRE would publish the criteria for
winning bid determinations in the FSN.
(5) Bid Evaluation. Following publication of the FSN in the Federal
Register, qualified bidders may submit their bids to BOEMRE in
accordance with procedures specified for the auction format to be used.
The bids, including the bid deposits if applicable, would be checked
for technical and legal adequacy. BOEMRE would evaluate the bids to
determine if the bidder has complied with all applicable regulations.
BOEMRE reserves the right to reject any or all bids and the right to
withdraw an offer to lease an area from the sale.
(6) Issuance of a Lease. Following the selection of a winning bid
by BOEMRE, the submitter would be notified of the decision and provided
a set of official lease forms for execution. The successful bidder
would be required to execute the lease, pay the remainder of the bonus
bid, if applicable, and file the required financial assurance within 10
days of receiving the lease copies. Upon receipt of the required
payments, financial assurance, and properly executed lease forms,
BOEMRE would issue a lease to the successful bidder.

Noncompetitive Process

If BOEMRE determines that there is no competitive interest in a
proposed lease, it may proceed with the noncompetitive lease issuance
process pursuant to 30 CFR 285.232, consulting with the BOEMRE/
Massachusetts Renewable Energy Task Force, as appropriate. Within 60
days of the date of a determination of no competitive interest, the
respondent would be required to submit a Site Assessment Plan (SAP), as
described in 30 CFR 285.231(d)(2)(i).
Leases issued noncompetitively need to comply with the requirements
of NEPA, CZMA, the Endangered Species Act (ESA), the National Historic
Preservation Act (NHPA), and other applicable Federal statutes. In
accordance with 30 CFR 285.231(e), BOEMRE would coordinate and consult,
as appropriate, with affected Federal agencies, affected Indian tribes,
and state and local governments, in issuing a noncompetitive lease and
developing lease terms and conditions.
It is possible that responses to this RFI may result in
determinations that there is competitive interest for some areas but
not for others. BOEMRE will announce publicly its determinations before
proceeding with a competitive process, a noncompetitive process, or
both.

Environmental Review

The following describes BOEMRE's environmental review process,
which would be coordinated, to the extent possible, with any Federal,
tribal, and State agencies that may have jurisdiction over activities
associated with OCS commercial wind energy leases. Other Federal,
State, and tribal agencies may have additional and separate
environmental review or permitting processes or other requirements.
After evaluating the responses to the RFI, but before publishing
the PSN for a competitive lease sale or issuing a lease
noncompetitively, BOEMRE would prepare a NEPA analysis for public
review and conduct required consultations with Federal, tribal, and
State agencies.
Several consultations would be conducted, as appropriate, and
integrated into the NEPA process described below. These consultations
include, but are not limited to, those required by the CZMA, ESA,
Magnuson-Stevens Fishery Conservation and Management Act, NHPA, and
Executive

[[Page 82058]]

Order 13175--``Consultation and Coordination with Tribal Governments.''
These consultations would be completed prior to the issuance of any
leases.
BOEMRE will prepare an Environmental Assessment (EA) to evaluate
the effects of issuing renewable energy leases. If the EA finds that
the proposed action would be a major Federal action significantly
affecting the quality of the human environment (42 U.S.C. 4332(c)),
then the BOEMRE would begin the process of preparing an Environmental
Impact Statement (EIS) to analyze the effects of issuing the lease(s)
through either a noncompetitive or competitive process. This would
include a public scoping period, including a 30-day comment period and
one or more public meetings conducted to solicit input on the
alternatives and issues to be addressed in a draft EIS. The draft EIS
would describe the nature of the action under consideration, and any
potential direct, indirect, and cumulative impacts that the action will
have on biological or physical resources, as well as on socioeconomic
conditions.

Description of the Area

The RFI area was delineated through consultation with the BOEMRE/
Massachusetts Renewable Energy Task Force. The following whole OCS
lease blocks are included within the RFI area:
In Providence NK19-07, blocks, 6976, 6977, 6978, 7022, 7023, 7024,
7025, 7026, 7027, 7028, 7029, 7072, 7073, 7074, 7075, 7076, 7077, 7078,
7079, 7118, 7119, 7120, 7121, 7122, 7123, 7124, 7125, 7126, 7127, 7128,
and 7129.
In Providence NK19-07 following partial blocks are also included in
the RFI area:

In Chatham NK19-08, blocks 6761, 6811, 6861, 6862, 6911, 6912,
6913, 6961, 6962, 6963, 7011, 7012, 7013, 7014, 7061, 7062, 7063, 7064,
7065, 7111, 7112, 7113, 7114, and 7115.
In Block Island Shelf NK19-10, blocks 6019, 6020, 6021, 6022, 6023,
6024, 6025, 6026, 6027, 6028, 6029, 6030, 6069, 6070, 6071, 6072, 6073,
6074, 6075, 6076, 6077, 6078, 6079, 6080, 6081, 6082, 6083, 6084, 6125,
6126, 6127, 6128, 6129, 6130, 6131, 6132, 6133, 6134, 6175, 6176, 6177,
6178, 6179, 6180, 6181, 6182, 6183, 6184, 6225, 6226, 6227, 6228, 6229,
6230, 6231, 6232, 6233, 6234, 6275, 6276, 6277, 6278, 6279, 6280, 6281,
6282, 6283, 6284, 6325, 6326, 6327, 6328, 6329, 6330, 6331, 6332, 6333,
6334, 6376, 6377, 6378, 6379, 6380, 6381, 6382, 6383, 6384, 6428, 6429,
6430, 6431, 6432, 6433, 6434, 6480, 6481, 6482, 6483, 6484, 6532, 6533,
and 6534.
In Block Island Shelf, NK19-10 the following partial blocks are
also included in the RFI area:

------------------------------------------------------------------------
Block Number Sub Block
------------------------------------------------------------------------
6119.............................. A,B,C,D,E,F,G,H,I,J,K,L,M,N,O
6120.............................. A,B,C,D,E,F,G,H,I,J,K,L
6121.............................. A,B,C,D,E,F,G,H,I,J,K,L
6122.............................. A,B,C,D,E,F,G,H,I,J,K,L
6123.............................. A,B,C,D,E,F,G,H,I,J,K,L
6124.............................. A,B,C,D,E,F,G,H,I,J,K,L,N,O,P
6169.............................. A,B,C,E,F,G,I,J,K,M,N,O
6174.............................. B,C,D,F,G,H,J,K,L,N,O,P
6219.............................. A,B,C,E,F,G,I,J,K,M,N,O
6224.............................. B,C,D,F,G,H,J,K,L,N,O,P
6269.............................. A,B,C,E,F,G,I,J,K,M,N,O
------------------------------------------------------------------------

In Hydrographer Canyon NK19-11, blocks 6011, 6012, 6013, 6014,
6015, 6016, 6051, 6052, 6053, 6054, 6055, 6056, 6057, 6058, 6059, 6060,
6061, 6062, 6063, 6064, 6065, 6066, 6067, 6101, 6102, 6103, 6104, 6105,
6106, 6107, 6108, 6109, 6110, 6111, 6112, 6113, 6114, 6115, 6116, 6117,
6151, 6152, 6153, 6154, 6155, 6156, 6157, 6158, 6159, 6160, 6161, 6162,
6163, 6164, 6165, 6166, 6167, 6201, 6202, 6203, 6204, 6205, 6206, 6207,
6208, 6209, 6210, 6211, 6212, 6213, 6214, 6215, 6216, 6217, 6251, 6252,
6253, 6254, 6255, 6256, 6257, 6258, 6259, 6260, 6261, 6262, 6263, 6264,
6265, 6266, 6267, 6301, 6302, 6303, 6304, 6305, 6306, 6307, 6308, 6309,
6310, 6311, 6312, 6313, 6314, 6315, 6316, 6317, 6351, 6352, 6353, 6354,
6355, 6356, 6357, 6358, 6359, 6360, 6361, 6362, 6363, 6364, 6365, 6366,
6367, 6401, 6402, 6403, 6404, 6405, 6406, 6407, 6408, 6409, 6410, 6411,
6412, 6413, 6414, 6415, 6416, 6417, 6451, 6452, 6453, 6454, 6461, 6462,
6463, 6464, 6465, 6466, 6467, 6501, 6502, 6511, 6512, 6513, 6514, 6515,
6516, 6562, 6563, and 6564.
The area of interest is located off the coast of Massachusetts
beginning approximately 12 nautical miles (nm) south of Martha's
Vineyard and Nantucket and extending approximately 31 nm seaward, south
to the 60 meter depth contour, then east approximately 65 nm, then
north approximately 31 nm. The area is approximately 2,224 square nm
and contains 321 whole OCS lease blocks as well as 163 partial blocks.
The boundary of the RFI follows the points listed in the table below in
clockwise order. Point numbers 1 and 57 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 Y northing Longitude Latitude
----------------------------------------------------------------------------------------------------------------
1..................................................... 327200 4540800 -71.0546 41.000088
2..................................................... 346400 4540800 -70.826429 41.003931
3..................................................... 346400 4551600 -70.829121 41.101169
4..................................................... 359600 4551600 -70.671998 41.103557
5..................................................... 359600 4552800 -70.672272 41.114362
6..................................................... 362000 4552800 -70.643698 41.114774
7..................................................... 362000 4554000 -70.643967 41.125579
8..................................................... 364400 4554000 -70.615387 41.125983
9..................................................... 364400 4555200 -70.615653 41.136789

[[Page 82059]]

10.................................................... 380000 4555200 -70.42984 41.139245
11.................................................... 380000 4550400 -70.428902 41.09602
12.................................................... 384800 4550400 -70.371762 41.096715
13.................................................... 384800 4531200 -70.36818 40.923806
14.................................................... 452000 4531200 -69.570139 40.930514
15.................................................... 452000 4574400 -69.573517 41.319642
16.................................................... 456800 4574400 -69.516168 41.319914
17.................................................... 456800 4564800 -69.515487 41.233442
18.................................................... 461600 4564800 -69.458213 41.233685
19.................................................... 461600 4560000 -69.457911 41.190448
20.................................................... 466400 4560000 -69.400673 41.190661
21.................................................... 466400 4550400 -69.400147 41.104187
22.................................................... 471200 4550400 -69.342985 41.104371
23.................................................... 471200 4545600 -69.34276 41.061133
24.................................................... 476000 4545600 -69.285634 41.061289
25.................................................... 476000 4536000 -69.285261 40.974811
26.................................................... 480800 4536000 -69.228209 40.974938
27.................................................... 480800 4531200 -69.22806 40.931698
28.................................................... 485600 4531200 -69.171045 40.931797
29.................................................... 485600 4488000 -69.170052 40.542625
30.................................................... 480800 4488000 -69.226735 40.542528
31.................................................... 480800 4483200 -69.226589 40.499285
32.................................................... 471200 4483200 -69.339882 40.499007
33.................................................... 471200 4478400 -69.339664 40.455764
34.................................................... 456800 4478400 -69.509491 40.455141
35.................................................... 456800 4483200 -69.509818 40.498382
36.................................................... 452000 4483200 -69.566462 40.498119
37.................................................... 452000 4492800 -69.567191 40.5846
38.................................................... 423200 4492800 -69.907473 40.582428
39.................................................... 423200 4488000 -69.906889 40.539191
40.................................................... 413600 4488000 -70.020234 40.538246
41.................................................... 413600 4483200 -70.019579 40.495009
42.................................................... 389600 4483200 -70.302734 40.492164
43.................................................... 389600 4488000 -70.303571 40.535396
44.................................................... 380000 4488000 -70.416893 40.534062
45.................................................... 380000 4492800 -70.417805 40.577291
46.................................................... 370400 4492800 -70.531192 40.575844
47.................................................... 370400 4497600 -70.532179 40.619071
48.................................................... 360800 4497600 -70.645631 40.61751
49.................................................... 360800 4502400 -70.646693 40.660734
50.................................................... 356000 4502400 -70.703452 40.659911
51.................................................... 356000 4512000 -70.705656 40.746356
52.................................................... 352400 4512000 -70.748279 40.745718
53.................................................... 352400 4522800 -70.750833 40.842965
54.................................................... 330800 4522800 -71.006912 40.838793
55.................................................... 330800 4507200 -71.002689 40.698345
56.................................................... 327200 4507200 -71.045274 40.697598
57.................................................... 327200 4540800 -71.0546 41.000088
----------------------------------------------------------------------------------------------------------------

Specific mitigation, stipulations, or exclusion areas may be
developed as a result of site-specific environmental reviews and
associated consultations, as well as continued coordination through the
BOEMRE/Massachusetts Renewable Energy Task Force. Multiple use issues
raised through consultation with the BOEMRE/Massachusetts Renewable
Energy Task Force are described below.
BOEMRE established the Massachusetts Renewable Energy Task Force in
November 2009, at the request of Governor Deval Patrick. The first
meeting was held on November 19, 2009, to introduce the
intergovernmental members, discuss the purpose of the task force,
explain BOEMRE renewable energy leasing and environmental review
process, and discuss a draft charter. The next meeting was held January
27, 2010, to present and discuss a draft RFI developed in consultation
with the Commonwealth's Executive Office of Energy and Environmental
Affairs. The Commonwealth initially proposed a development buffer of 9
nautical miles from the shore based on review of visual analysis
materials. Based on input from the BOEMRE/Massachusetts Renewable
Energy Task Force, the draft RFI was revised to begin 12 nautical miles
offshore, which was presented at the September 8, 2010, Massachusetts
Renewable Energy Task Force meeting. BOEMRE collected comments from
task force members and held another meeting on October 15, 2010, to
discuss additional requested changes. Several Massachusetts Renewable
Energy Task Force members, including the State Historic Preservation
Officer, the Wampanoag Tribe of Gay Head (Aquinnah), the Mashpee
Wampanoag Tribe, and representatives from the towns of Tisbury and Oak
Bluffs, expressed a preference for the RFI area to begin 21 nautical
miles offshore. BOEMRE has not changed the RFI boundary to begin 21
nautical miles offshore, but has depicted the 21 nautical mile
delineation on the RFI map as a point of information for potential
developers.

Nantucket Lightship Habitat Closure Area

Through consultation with the BOEMRE/Massachusetts Renewable Energy
Task Force, the National Oceanic

[[Page 82060]]

and Atmospheric Administration's National Marine Fisheries Service
(NMFS) has identified the Nantucket Lightship Habitat Closure Area
within the RFI Area. NMFS has closed this area to all bottom-tending
mobile fishing gear in order to minimize adverse effects of fishing on
essential fish habitat (EFH). The NMFS has indicated that commercial
wind development within this area may be subject to additional review
in order to ensure that conservation efforts in this area are
maintained. This area can be located at the following URL: http://www.nero.noaa.gov/nero/regs/infodocs/MultsClosedAreas.pdf. BOEMRE has
also included this area on the RFI map as a point of information for
potential developers.

Traffic Separation Scheme (TSS) and Navigational Issues

BOEMRE is aware that the RFI area lies adjacent, or in close
proximity to a Traffic Separation Scheme (TSS) and thus the areas
nominated in response to this RFI may need to be modified. The U.S.
Coast Guard will require buffers from the edges of a TSS and from the
entrance and exit to a TSS. Because proposed project characteristics
will be unique to each individual project, the buffers will be further
defined as more information is collected, such as vessel traffic types,
density and routing direction. Further, it is important to note that
two-way routes, fairways and TSSs are various forms of routing measures
and that buffer dimensions will vary because of many factors, one of
which is vessel traffic density/composition and rules-of-the-road
protocol.
BOEMRE will take into consideration and review data including but
not limited to Automatic Identification System (AIS) data that is used
on ships and vessel traffic services. The BOEMRE also will also consult
with relevant agencies such as the U.S. Coast Guard regarding potential
issues concerning the TSS and other navigational and safety issues and
will use best management practices. Depending on the findings, BOEMRE
and the U.S. Coast Guard will develop reasonable and appropriate
mitigations such as conditions on turbine placement, preservation of
adequate navigation buffers and setbacks, protection of vessel traffic
lanes or other operational restrictions utilizing their existing
authorities, policies, and procedures.
If such mitigation cannot be achieved, portions of certain
nominated areas may need to be excluded. The following blocks are
highlighted for consideration of U.S. Coast Guard concerns: In Block
Island Shelf NK19-10, blocks 6428, 6429, 6430, 6431, 6432, 6433, 6434,
6480, 6481, 6482, 6483, 6484, 6532, 6533, 6534; In Hydrographer Canyon
NK19-11, blocks 6317, 6356, 6357, 6358, 6359, 6360, 6361, 6362, 6363,
6364, 6385, 6366, 6367, 6401, 6402, 6403, 6404, 6405, 6406, 6407, 6408,
6409, 6410, 6411, 6412, 6413, 6414b, 6415, 6416, 6417, 6451, 6452,
6453, 6454, 6461, 6462, 6463, 6464, 6465, 6466, 6467, 6501, 6502, 6511,
6512, 6513, 6514, 6515, 6516, 6562, 6563, 6564.

Department of Defense Activities on the Outer Continental Shelf

The Department of Defense conducts offshore testing, training, and
operations on the Outer Continental Shelf. BOEMRE will consult with the
Department of Defense on all proposed offshore wind energy projects to
ensure that projects are compatible with Defense activities on the
Outer Continental Shelf.

Map of RFI area

A map of the RFI area can be found at the following URL: http://www.boemre.gov/offshore/RenewableEnergy/stateactivities.htm#Massachusetts.
A large scale map of the RFI area showing boundaries of the RFI
area with numbered blocks is available from BOEMRE at the following
address: Bureau of Ocean Energy Management, Regulation and Enforcement,
Office of Offshore Alternative Energy Programs, 381 Elden Street, Mail
Stop 4090, Herndon, Virginia 20170, Phone: (703) 787-1300, Fax: (703)
787-1708.

Required Indication of Interest Information

If you intend to submit an indication of interest in a commercial
lease from BOEMRE for the development of wind resources in the area(s)
identified in this RFI, you must provide the following:
(1) The BOEMRE Protraction Diagram name, number, and specific whole
or partial OCS blocks or areas within the RFI area that are of interest
for commercial development, including any required buffer area. If your
proposed project area includes one or more partial blocks please
describe those partial blocks in terms of a sixteenth of an OCS block.
Note that any indications of interest identifying areas greater than
what would be reasonably necessary to develop a commercial wind
facility will not be considered as valid indications of interest. In
addition, BOEMRE will not consider any areas outside of the RFI area in
this process;
(2) A description of your objectives and the facilities that you
may use to achieve those objectives;
(3) A schedule of proposed activities, including those leading to
commercial operations;
(4) Available and pertinent data and information concerning
renewable energy resources and environmental conditions in the RFI
area, including energy and resource data and information used to
evaluate the RFI area; and
(5) Documentation demonstrating that you are legally, technically
and financially qualified to hold a lease as set forth in 30 CFR
285.106 and 285.107. Your technical and financial documentation should
demonstrate that you are capable of constructing, operating,
maintaining, and decommissioning the facilities described in (2) above.
Documentation of financial qualification should include information
establishing access to sufficient capital to carry out development.
Examples of documentation of technical qualification may include
evidence of international or domestic experience with renewable energy
projects or other types of electric-energy-related projects.
In addition, the Commonwealth has requested a description of plans
for transmission to connect the wind energy project(s) to the on-shore
grid. Please refer to the companion piece from the Commonwealth of
Massachusetts that provides additional information on the State's
interest and goals at: http://www.mass.gov/?pageID=eoeeaterminal&L=4&L0=Home&L1=Energy%2c+Utilities+%26+Clean+Technologies&L2=Renewable+Energy&L3=Wind&sid=Eoeea&b=terminalcontent&f=doer_renewables_wind_offshore-wind&csid=Eoeea. If you include a
description of plans for transmission, please follow the instructions
in the companion piece, and include (a) a description of the physical
configuration of the transmission system including specific points of
interconnection to the grid and (b) the ownership structure of the
transmission system. For example, with respect to physical
configuration, do you anticipate one or more radial line(s) or a
network system (i.e., connected to the grid in more than one location);
and would the radial line(s) or network be sized to support only the
proposed wind energy project(s) or to accommodate future projects as
well? With respect to ownership structure, would the transmission
system be owned by the developers of the wind energy project(s) or
otherwise on a merchant basis, by a traditional transmission company,
or

[[Page 82061]]

through some other arrangement? Additionally, on what funding
assumptions are plans for the wind energy project(s), including the
transmission system, predicated? With regard to transmission, we
recommend that the potential lessee(s) review the report entitled
``Strategic Options for Investment in Transmission in Support of
Offshore Wind Development in Massachusetts,'' dated January 8, 2010;
http://www.analysisgroup.com/uploadedFiles/Publishing/Articles/Strategic_Options_Offshore_Wind_12-01-09.pdf.
It is critical that you submit a complete indication of interest so
that BOEMRE may proceed with the commercial wind leasing process
offshore Massachusetts in a timely manner. If BOEMRE reviews your
indication of interest and determines that it is incomplete, BOEMRE
will inform you of this determination in writing. This letter will
describe the information that BOEMRE determined to be missing from your
indication of interest, and that you must submit in order for BOEMRE to
deem your submission complete. You will be given 15 business days from
the date of the letter to submit the information that BOEMRE found to
be missing from your original submission. If you do not meet this
deadline, or if BOEMRE determines this second submittal to be
insufficient as well, then BOEMRE retains the right to deem your
indication of interest invalid. In that case, BOEMRE would not move
forward with your indication of interest submitted in response to this
RFI.

Protection of Privileged or Confidential Information

BOEMRE will protect privileged or confidential information that you
submit as required by the Freedom of Information Act (FOIA). Exemption
4 of FOIA applies to trade secrets and commercial or financial
information that you submit that is privileged or confidential. If you
wish to protect the confidentiality of such information, clearly mark
it and request that BOEMRE treat it as confidential. BOEMRE 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, BOEMRE will not treat as confidential any aggregate
summaries of such information or comments not containing such
information. Additionally, BOEMRE 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.

Section 304 of NHPA (16 U.S.C. 470 et seq; 1966, as amended)

BOEMRE is required, after consultation with the Secretary, to
withhold the location, character, or ownership of historic resources if
determination is made that the disclosure may, among other concerns,
risk harm to the historic resources or impede the use of a traditional
religious site by practitioners. Tribal entities should designate
information that qualifies for protection under this section as
confidential.

Dated: December 17, 2010.
Michael R. Bromwich,
Director, Bureau of Ocean Energy Management, Regulation and
Enforcement.
[FR Doc. 2010-32853 Filed 12-28-10; 8:45 am]
BILLING CODE 4310-MR-P