[Federal Register Volume 77, Number 24 (Monday, February 6, 2012)]
[Notices]
[Pages 5820-5830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-2645]


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DEPARTMENT OF THE INTERIOR

Bureau of Ocean Energy Management

[Docket No. BOEM-2011-0097]


Commercial Leasing for Wind Power on the Outer Continental Shelf 
Offshore Massachusetts--Call for Information and Nominations

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

ACTION: Call for Information and Nominations.

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SUMMARY: BOEM invites the submission of nominations for commercial 
leases that would allow a lessee to propose the construction of a wind 
energy project on the OCS offshore Massachusetts and to develop a 
project if approved after further environmental review. On December 29, 
2010, BOEM issued the Massachusetts Request for Interest (RFI) 
requesting submission of nominations and other information by February 
28, 2011 (75 FR 82055). In response to requests from several interested 
and affected parties, including the Commonwealth of Massachusetts, BOEM 
reopened the comment period for the RFI on March 17, 2011 (76 FR 
14681), asking for submissions by April 18, 2011. BOEM received 11 
nominations of interest from 10 individual entities responding to the 
RFI, as well as 247 comments from members of the public and state and 
Federal agencies. On May 2, 2011, BOEM announced it would reduce the 
area identified in the RFI based on comments received from the fishing 
community, the Massachusetts Executive Office of Energy and 
Environmental Affairs, and the Massachusetts congressional delegation. 
BOEM further refined the area that is under consideration for this Call 
for Information and Nominations (Call) based on consultation with the 
BOEM Massachusetts Renewable Energy Task Force, as described in the 
``Development of the Call Area'' section later in this notice. The area 
that is under consideration for this Call is referred to herein as the 
``Call Area.''
    Although this announcement is not itself a leasing announcement, 
the Call Area described herein, or portions thereof, may be made 
available for future leasing. BOEM will use the responses to this Call 
to gauge specific interest in acquiring commercial wind leases in some 
or all of the Call Area,

[[Page 5821]]

and to determine whether competitive interest exists in any particular 
portion of the Call Area, as required by 43 U.S.C. 1337(p)(3). Parties 
wishing to submit a nomination in response to this Call should submit 
detailed and specific information in response to the requirements 
described below in the section entitled, ``Required Nomination 
Information.''
    This announcement also requests comments and information from 
interested and affected parties about site conditions, resources, and 
multiple uses in close proximity to, or within, the Call Area that 
would be relevant to BOEM's review of any nominations submitted and/or 
to BOEM's subsequent decision to offer all or part of the Call Area for 
commercial wind leasing. The information that BOEM is requesting is 
described below in the section of this Call entitled, ``Requested 
Information from Interested or Affected Parties.''
    This Call is published pursuant to subsection 8(p)(3) of the OCS 
Lands Act, 43 U.S.C. 1337(p)(3), as well as the implementing 
regulations at 30 CFR Part 585.
    The Call Area is located off the coast of Massachusetts beginning 
approximately 12 nautical miles (nmi) south of Martha's Vineyard and 13 
nmi southwest of Nantucket. From its northern boundary, the Call Area 
extends 33 nmi southward to the 60 meter depth contour and has an east/
west extent of approximately 47 nmi. The Call Area is approximately 
826,241 acres or 975 square nmi in size and contains 132 whole OCS 
lease blocks as well as 19 partial blocks.

DATES: BOEM must receive your nomination describing your interest in 
this potential commercial leasing area postmarked or delivered by March 
22, 2012 for your nomination to be considered. BOEM requests comments 
or other submissions of information be postmarked or delivered by this 
same date. BOEM will consider only the nominations received that 
conform to this requirement.
    Submission Procedures: If you are submitting a nomination for a 
lease in response to this Call, please submit your nomination to the 
following address: BOEM, Office of Renewable Energy Programs, 381 Elden 
Street, HM 1328, Herndon, Virginia 20170. In addition to a paper copy 
of the nomination, please include an electronic copy of the nomination 
on a compact disc (CD). BOEM will list the parties that submitted 
nominations and the location of the proposed lease areas (i.e., OCS 
blocks nominated) on the BOEM Web site after the 45-day comment period 
has closed.
    Comments and other information may be submitted by either of the 
following two methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. In the 
entry titled ``Enter Keyword or ID,'' enter BOEM-2011-0097, and then 
click ``search.'' Follow the instructions to submit public comments and 
view supporting and related materials available for this notice. BOEM 
will post all comments which are not labeled ``Contains Confidential 
Information.''
    2. By U.S. Postal Service or other delivery service, sending your 
comments and information to the following address: Bureau of Ocean 
Energy Management, Office of Renewable Energy Programs, 381 Elden 
Street, HM 1328, Herndon, Virginia 20170. All responses will be 
reported on www.regulations.gov.
    If you wish to protect the confidentiality of your nominations or 
comments, clearly mark the relevant sections and request that BOEM 
treat them as confidential. Please label privileged or confidential 
information with the caption ``Contains Confidential Information'' and 
consider submitting such information as a separate attachment. 
Treatment of confidential information is addressed in the section of 
this Call entitled ``Protection of Privileged or Confidential 
Information.'' Information that is not labeled as privileged or 
confidential will be regarded by BOEM as suitable for public release.

FOR FURTHER INFORMATION CONTACT: Jessica Bradley, Renewable Energy 
Program Specialist, BOEM, Office of Renewable Energy Programs, 381 
Elden Street, HM 1328, Herndon, Virginia 20170, (703) 787-1730 or 
[email protected].

SUPPLEMENTARY INFORMATION:

Purpose of the Call for Information and Nominations

    The OCS Lands Act requires BOEM to award leases competitively, 
unless BOEM determines that there is no competitive interest (43 U.S.C. 
1337(p)(3)). The issuance of this Call is not intended to indicate that 
BOEM has determined that competitive interest exists in the Call Area. 
Rather, this Call is the next step in the renewable energy planning and 
leasing process after the publication of the RFI. As described below in 
the section of this Call describing development of the Call Area, BOEM 
received numerous expressions of interest and comments in response to 
the RFI. After considering the comments, BOEM announced on May 2, 2011, 
that the Call Area would exclude all blocks east of 70[deg] longitude. 
This Call provides all potential nominators--including those who 
submitted nominations in response to the RFI--the opportunity to 
indicate their interest in the reduced Call Area now being considered 
for leasing and invites additional comments and information relevant to 
the Call Area. The original nominators may confirm, revise, or withdraw 
the nominations they submitted in response to the RFI or may submit new 
nominations, and new nominators may indicate their interest in the Call 
Area. The responses to this Call will assist BOEM in determining if 
there is any competitive interest in the Call Area. This Call also 
requests information from interested and affected parties on issues 
relevant to BOEM's review of nominations for potential leases in the 
Call Area. A lease, whether issued through a competitive or non-
competitive process, gives the lessee the exclusive right to 
subsequently seek BOEM approval for the development of the leasehold. 
The lease does not grant the lessee the right to construct any 
facilities; rather, the lease grants the right to use the leased area 
to develop its plans, which BOEM must approve before the lessee may 
proceed to the next stage of the process. See 30 CFR 585.600 and 
585.601.
    The responses to this Call could lead to the initiation of a 
competitive leasing process in some parts of the Call Area (i.e., where 
competition exists for certain tracts), and a noncompetitive process in 
other parts of the Call Area (i.e., where no competitive interest 
exists for certain tracts). The leasing process is described more 
completely under the ``Determination of Competitive Interest'' and 
``Noncompetitive Leasing Process,'' sections of this Call. In any parts 
of the Call Area where BOEM determines there is no competitive 
interest, BOEM may proceed with the noncompetitive lease process 
pursuant to 30 CFR 585.232. If BOEM determines that there is 
competitive interest in some or all of the Call Area, then BOEM may 
proceed with Area Identification, as set forth in 30 CFR 585.211(b), 
and the competitive leasing process set forth under 30 CFR 585.211 
through 585.225. Whether the leasing process is competitive or 
noncompetitive, it will include additional opportunities for the public 
to provide input and be reviewed thoroughly for potential environmental 
and multiple use impacts. The area(s) that may be finally offered for 
lease, if any, has/have not yet been determined, and may include less 
than the total areal

[[Page 5822]]

extent of the Call Area as identified in this Call.

Background

Energy Policy Act of 2005 (EPAct)

    The EPAct amended the OCS Lands Act by adding subsection 
8(p)(1)(C), which authorizes the Secretary of the Interior to grant 
leases, easements, or rights-of-way (ROWs) on the OCS for activities 
that are not otherwise authorized by law and that produce or support 
production, transportation, or transmission of energy from sources 
other than oil or gas, including renewable energy sources. The EPAct 
also required the issuance of regulations to carry out the new 
authority pertaining to renewable energy on the OCS. The Secretary 
delegated this authority to issue leases, easements, and ROWs, and to 
promulgate regulations, to the Director of BOEM. On April 29, 2009, 
BOEM published the Renewable Energy and Alternate Uses (REAU) rule, at 
30 CFR Part 585, which can be found at: http://www.boem.gov/uploadedFiles/FinalRenewableEnergyRule.pdf.

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

    On July 19, 2010, the President signed Executive Order 13547 
(Order) establishing a national ocean policy and the National Ocean 
Council (75 FR 43023). The Order establishes a comprehensive, 
integrated national policy for the stewardship of the ocean, our 
coasts, and the Great Lakes. Where BOEM actions affect the ocean or 
coast, the Order requires BOEM to take such action as necessary to 
implement the policy, stewardship principles, and national priority 
objectives adopted by the Order, with guidance from the National Ocean 
Council.
    BOEM appreciates the importance of coordinating its planning 
endeavors with other OCS users and regulators and intends to follow 
principles of coastal and marine spatial planning, and coordinate with 
the regional planning bodies as established by the National Ocean 
Council. BOEM anticipates that continued coordination with the state 
Renewable Energy Task Forces will help inform comprehensive coastal and 
marine spatial planning efforts. BOEM also anticipates that tools 
developed to enhance regional ocean planning efforts, such as the 
Northeast Ocean Data Portal, will help inform its leasing processes. 
The Northeast Ocean Data Portal was launched in June 2011 and contains 
regional spatial data for New England's coasts and ocean waters, and is 
available at http://www.northeastoceandata.org/.

Department of the Interior ``Smart From the Start'' Atlantic Wind 
Initiative

    Secretary Ken Salazar announced the Smart from the Start wind 
energy initiative for the Atlantic OCS on November 23, 2010. The key 
element of this initiative that relates to commercial wind leasing off 
Massachusetts is the identification of a Wind Energy Area (WEA) to be 
analyzed in an environmental assessment (EA) for the purpose of 
supporting lease issuance and initial on-lease activities. A WEA is a 
portion of the Call Area that appears to be suitable for the 
consideration of wind energy development based on information 
concerning wind energy potential, natural resources, competing uses, 
and other relevant issues. BOEM is using the planning notices it 
publishes (the December 2010 RFI and this Call), responses to these 
notices, and consultation with interested and affected parties through 
the BOEM Massachusetts Renewable Energy Task Force, to develop and 
designate a WEA on the OCS off Massachusetts. A WEA may be identified 
at the Area Identification stage of the planning and leasing process. A 
description of BOEM's deliberations to date, which have led to 
delineation of the Call Area, is presented in the section of this 
notice entitled, ``Development of the Call Area.''

BOEM/Massachusetts Renewable Energy Task Force

    BOEM established the BOEM Massachusetts Renewable Energy Task Force 
in November 2009 to facilitate coordination among affected Federal 
agencies and state, local, and tribal governments throughout the OCS 
renewable energy leasing and development process. Task Force meeting 
materials are available on the BOEM Web site at http://www.boem.gov/Renewable-Energy-Program/State-Activities/Massachusetts.aspx.

Environmental Review Process

    BOEM intends to prepare an EA, which will consider the 
environmental consequences associated with issuing commercial wind 
leases and approving site assessment activities on those leases within 
all or some of the Call Area. BOEM is publishing, concurrently with 
this Call, a Notice of Intent (NOI) to prepare an EA, which seeks 
public input in identifying the environmental issues and alternatives 
to be considered in the EA.
    The EA will consider the environmental consequences associated with 
reasonably foreseeable leasing and site characterization scenarios 
within the Call Area (including geophysical, geotechnical, 
archaeological, and biological surveys), and reasonably foreseeable 
site assessment scenarios (including the installation and operation of 
meteorological towers and buoys) on the potential leaseholds. The EA 
will consider, at a minimum, two alternatives: (1) No action, (i.e. no 
issuance of leases or approval of site assessment activities), and (2) 
the issuance of leases and approval of site assessment activities 
within the Call Area. The NOI solicits input on the environmental 
effects associated only with the activities described above. The 
environmental effects of the construction or operation of any wind 
energy facility would be considered under a separate National 
Environmental Policy Act (NEPA) environmental review process.
    Several consultations will be conducted concurrently with, and 
integrated into, the current NEPA/EA process. These consultations 
include, but are not limited to, those required by the Coastal Zone 
Management Act (CZMA), the Endangered Species Act (ESA), the Magnuson-
Stevens Fishery Conservation and Management Act, Section 106 of the 
National Historic Preservation Act (NHPA), and Executive Order 13175--
``Consultation and Coordination with Tribal Governments.'' The results 
of these consultations will assist BOEM in deciding whether and where 
leases may be issued.
    BOEM intends to conduct review under Section 106 of the NHPA in 
coordination with NEPA review and preparation of the EA (36 CFR 
800.8(3)(c)). After evaluating the responses to the Call, but before 
publishing the Proposed Sale Notice (PSN) for a competitive lease sale 
or issuing a lease noncompetitively, BOEM will conduct consultations 
pursuant to Section 106, seeking comment from State Historic 
Preservation Officers, local governments, tribal governments, and 
organizations and individuals with a demonstrated interest in the Call 
Area. Furthermore, as permitted by 36 CFR 800.2(d)(3), BOEM will use 
public information sessions as public involvement opportunities in lieu 
of the public involvement requirements set forth in Federal regulations 
issued pursuant to the NHPA. Finally, pursuant to Executive Order 
13175, BOEM has initiated government-to-government tribal consultation 
with three Federally-recognized tribes that

[[Page 5823]]

have a demonstrated interest in the Call Area.

Actions Taken by the Commonwealth of Massachusetts in Support of 
Offshore Renewable Energy Development

    BOEM recognizes the importance of the steps that the Commonwealth 
of Massachusetts has taken to encourage environmentally-sound offshore 
wind energy development. While a state may promote such development, 
BOEM retains the exclusive authority to issue leases, easements, and 
rights-of-way on the OCS for renewable energy purposes. The following 
information is a summary of the initiatives and actions undertaken by 
the Commonwealth of Massachusetts to promote the development of wind 
energy on the OCS.
    The Commonwealth of Massachusetts has been working proactively to 
foster commercial wind development on the OCS off Massachusetts for 
several years. The Massachusetts RFI that BOEM issued on December 29, 
2010 (75 FR 82055), briefly described several of the Commonwealth's key 
initiatives, including formulation of the Massachusetts Ocean 
Management Plan. The Massachusetts Ocean Management Plan and related 
information are available from the Commonwealth at http://www.mass.gov/eea/mop.
    In addition, the Commonwealth of Massachusetts has established a 
Fisheries Working Group on Offshore Renewable Energy to discuss issues 
and compatibilities between commercial fishing activities and offshore 
commercial wind energy development, and a Habitat Working Group on 
Offshore Renewable Energy to discuss available ecosystem data and 
information within the area under consideration and identify gaps 
therein. To inform these discussions, the Commonwealth has collected 
and presented spatial information and data for the RFI area regarding 
marine mammals, avifauna, bathymetry, surficial geology, commercial 
ship traffic, and recreational boating, and made it available at http://www.mass.gov/moris. The Commonwealth has conducted more than 30 public 
meetings and stakeholder sessions in Boston, New Bedford, Martha's 
Vineyard, and Nantucket to discuss the Federal offshore wind leasing 
process. BOEM supports the Commonwealth's efforts in engaging the 
public and stakeholders in the planning process for renewable energy 
development on the OCS.

BOEM's Planning and Leasing Process

    BOEM has been involved in a planning process for renewable energy 
on the OCS off the coast of Massachusetts since the establishment of 
the BOEM Massachusetts Renewable Energy Task Force in 2009. BOEM 
coordinated with the Massachusetts Renewable Energy Task Force on the 
development of the December 2010 RFI and this Call. BOEM also 
collaborated with the State of Rhode Island and the Commonwealth of 
Massachusetts jointly on the development of the Call for the Area of 
Mutual Interest (AMI), published in the Federal Register on August 18, 
2011, under Docket ID ``BOEM-2011-0049.'' In addition, BOEM 
participated in the state-hosted public information sessions with 
stakeholders from both states to provide information regarding BOEM's 
planning process. Additional information, including presentations and 
materials from the public information sessions and the Task Force 
meetings, can be found at: http://www.boem.gov/Renewable-Energy-Program/State-Activities/Massachusetts.aspx.

Determination of Competitive Interest

    The first step in the leasing process is to determine whether or 
not there is any interest in acquiring a lease within the Call Area. At 
the same time, BOEM can determine whether there is overlapping interest 
in any particular portion of the Call Area that would result in the 
need for a competitive process. At the conclusion of the comment period 
for this Call, BOEM will review the nominations received, undertake a 
completeness review and a qualifications review, and determine whether 
competitive interest exists in any specific location within the Call 
Area.
    If two nominated areas of interest fully or partially overlap, BOEM 
may proceed with competitive leasing as described in the section of 
this Call entitled ``Competitive Leasing Process.'' For areas where 
BOEM determines that there is no competitive interest, BOEM may proceed 
with noncompetitive leasing described in the section herein entitled 
``Non-Competitive Leasing Process.'' While BOEM anticipates that this 
Call would result in multiple nominations for particular areas, 
indicating competitive interest exists, it is possible that the 
responses to the Call could result in a competitive process, a 
noncompetitive process, or partially both. BOEM may consult with the 
BOEM Massachusetts Renewable Energy Task Force throughout the leasing 
process.
    Situations may arise in which several parties nominate areas that 
do not overlap. Under these circumstances, BOEM could choose to employ 
an allocation system of leases that involves the creation of 
competition across tracts. This system is referred to as intertract 
competition and would also be implemented under the competitive process 
outlined in the regulations. BOEM may consult with the BOEM 
Massachusetts Renewable Energy Task Force in determining the need for, 
and/or use of, intertract competition.
    Respondents to this Call and members of the public should be aware 
that no lease will be issued, either competitively or noncompetitively, 
until the necessary consultations and environmental analysis have been 
completed and the public has been given ample opportunity to comment. 
As a result, it is possible that certain areas nominated may not be 
leased, or that the areas nominated may be modified from their 
original, proposed form before being offered for lease.

Competitive Leasing Process

    If, after receiving responses to this Call, BOEM proceeds with the 
competitive leasing process for certain areas, it would follow the 
steps required by 30 CFR 585.211 through 585.225:
    (1) Area Identification: Based on the information submitted in 
response to this Call, BOEM would identify the area in which interest 
exists, and which will be subject to environmental analysis, in 
consultation with appropriate Federal agencies, states, local 
governments, tribes and other interested parties. The area identified 
will constitute a WEA under the ``Smart from the Start'' initiative, 
and will be the area analyzed in the EA. The NOI to prepare the EA is 
being published concurrently with this Call.
    (2) Proposed Sale Notice (PSN): If BOEM decides to proceed with 
lease issuance in the area, BOEM would first complete the analyses 
necessary to inform the issuance of the PSN, including any final NEPA 
documentation, the Consistency Determination as required by the CZMA 
and its implementing regulations, and various analyses of proposed 
lease sale economic terms and conditions. BOEM would then publish the 
PSN in the Federal Register and send the PSN to any affected tribes, 
the State Historic Preservation Office, the Governor of any affected 
state, and the executive of any affected local government. The PSN 
would describe the areas to be offered for leasing and the proposed 
conditions of a lease sale, and the proposed auction format, lease 
document, and lease

[[Page 5824]]

provisions/stipulations. Additionally, the PSN would describe the 
criteria and process for evaluating bids. The comment period following 
issuance of a PSN is 60 days.
    (3) Final Sale Notice (FSN): If BOEM decides to proceed with lease 
issuance after considering comments on the PSN, it would publish the 
FSN in the Federal Register at least 30 days before the date of the 
lease sale.
    (4) Bid Submission and Evaluation: Following publication of the FSN 
in the Federal Register, qualified bidders would be able to submit 
their bids to BOEM in accordance with procedures specified in the FSN. 
The bids, including any required deposits, would be reviewed for 
technical and legal adequacy. BOEM would evaluate the bids to determine 
if the bidder had complied with all applicable regulations. BOEM always 
reserves the right to reject any or all bids and the right to withdraw 
an offer to lease an area.
    (5) Issuance of a Lease: Following the selection of a winning 
bid(s) by BOEM, the submitter(s) would be notified of the decision and 
provided a set of official lease documents for execution. The 
successful bidder(s) would be required to execute the lease, pay the 
remainder of the bonus bid, if applicable, and file the required 
financial assurance within 10 days of receiving the lease documents. 
Upon receipt of the required payments, financial assurance, and 
properly executed lease forms, BOEM would issue a lease to the 
successful bidder(s).

Noncompetitive Leasing Process

    If, after evaluating the responses to this Call, BOEM determines 
that there is no competitive interest in a proposed lease area, it may 
proceed with the noncompetitive lease issuance process pursuant to 30 
CFR 585.232, as amended by the rulemaking which took effect on June 15, 
2011 (76 FR 28178). Should BOEM decide to proceed with the 
noncompetitive leasing process, it would ask if the sole respondent who 
nominated a particular area wants to proceed with acquiring the lease, 
and if so, the respondent must submit an acquisition fee as specified 
by 30 CFR 585.502(a). After receiving the acquisition fee, BOEM would 
follow the process outlined in 30 CFR 585.231. Within 60 days of the 
date of that notice, the respondent would be required to submit a Site 
Assessment Plan (SAP), as described in 30 CFR 585.231(d)(2)(i).
    BOEM will comply with the requirements of NEPA, CZMA, ESA, NHPA, 
and other applicable Federal statutes before issuing a lease 
noncompetitively. BOEM would coordinate and consult, as appropriate, 
with relevant Federal agencies, affected tribes, and affected state and 
local governments, and provide opportunity for public comment prior to 
issuing a noncompetitive lease and in formulating lease terms, 
conditions, and stipulations for such a lease.
    It is possible that responses to this Call may result in a 
determination that there is competitive interest in acquiring leases in 
some areas but not in others. BOEM will announce publicly its 
determinations before proceeding with any type of leasing process.

Description of the Call Area

    The Call Area is located off the coast of Massachusetts, beginning 
approximately 12 nautical miles (nmi) south of Martha's Vineyard and 13 
nmi southwest of Nantucket. From its northern boundary, the Call Area 
extends 33 nmi southward to the 60 meter depth contour and has an east/
west extent of approximately 47 nmi. The Call Area is approximately 
826,241 acres or 975 square nmi in size and contains 132 whole OCS 
lease blocks as well as 19 partial blocks.
    The following full OCS lease blocks are included within the Call 
Area:

    In Providence NK19-07: 6976, 6977, 6978, 7022, 7023, 7024, 7025, 
7026, 7027, 7028, 7029, 7072, 7073, 7074, 7075, 7076, 7077, 7078, 
7079, 7118, 7119, 7120, 7121, 7122, 7123, 7124, 7125, 7126, 7127, 
7128, 7129;
    In Block Island Shelf NK19-10: 6019, 6020, 6021, 6022, 6023, 
6024, 6025, 6026, 6027, 6028, 6029, 6030, 6069, 6070, 6071, 6072, 
6073, 6074, 6075, 6076, 6077, 6078, 6079, 6080, 6081, 6082, 6083, 
6084, 6125, 6126, 6127, 6128, 6129, 6130, 6131, 6132, 6133, 6134, 
6175, 6176, 6177, 6178, 6179, 6180, 6181, 6182, 6183, 6184, 6225, 
6226, 6227, 6228, 6229, 6230, 6231, 6232, 6233, 6234, 6275, 6276, 
6277, 6278, 6279, 6280, 6281, 6282, 6283, 6284, 6325, 6326, 6327, 
6328, 6329, 6330, 6331, 6332, 6333, 6334, 6376, 6377, 6378, 6379, 
6380, 6381, 6382, 6383, 6384; and
    In Hydrographer Canyon NK19-11: 6051, 6052, 6101, 6102, 6151, 
6152, 6201, 6202, 6251, 6252, 6301, 6302, 6351, 6352.

    Parts of the following OCS lease blocks are included within the 
Call Area as listed in the following table:

                                   List of Partial OCS Blocks in the Call Area
----------------------------------------------------------------------------------------------------------------
       Protraction name          Protraction No.      Block No.                      Sub block
----------------------------------------------------------------------------------------------------------------
Providence....................  NK19-07..........            6972  M,N,O,P.
Providence....................  NK19-07..........            6973  M,N,O,P.
Providence....................  NK19-07..........            6974  L,M,N,O,P.
Providence....................  NK19-07..........            6975  D,F,G,H,I,J,K,L,M,N,O,P.
Block Island Shelf............  NK19-10..........            6119  A,B,C,D,E,F,G,H,I,J,K,L,M,N,O.
Block Island Shelf............  NK19-10..........            6120  A,B,C,D,E,F,G,H,I,J,K,L.
Block Island Shelf............  NK19-10..........            6121  A,B,C,D,E,F,G,H,I,J,K,L.
Block Island Shelf............  NK19-10..........            6122  A,B,C,D,E,F,G,H,I,J,K,L.
Block Island Shelf............  NK19-10..........            6123  A,B,C,D,E,F,G,H,I,J,K,L.
Block Island Shelf............  NK19-10..........            6124  A,B,C,D,E,F,G,H,I,J,K,L,N,O,P.
Block Island Shelf............  NK19-10..........            6169  A,B,C,E,F,G,I,J,K,M,N,O.
Block Island Shelf............  NK19-10..........            6174  B,C,D,F,G,H,J,K,L,N,O,P.
Block Island Shelf............  NK19-10..........            6219  A,B,C,E,F,G,I,J,K,M,N,O.
Block Island Shelf............  NK19-10..........            6224  B,C,D,F,G,H,J,K,L,N,O,P.
Block Island Shelf............  NK19-10..........            6269  A,B,C,E,F,G,I,J,K,M,N,O.
Block Island Shelf............  NK19-10..........            6428  A,B,C,D,E,F,G,H,I,J,K,L.
Block Island Shelf............  NK19-10..........            6429  A,B,C,D,E,F,G,H,I,J,K,L.
Block Island Shelf............  NK19-10..........            6430  A,B,C,D,E,F,G,H,I,J,K,L.
Block Island Shelf............  NK19-10..........            6431  A,B,C,D,E,F,G,H,I,J,K.
----------------------------------------------------------------------------------------------------------------


[[Page 5825]]

     The boundary of the Call Area follows the points listed in the 
table below in clockwise order. Point numbers 1 and 31 are the same. 
Coordinates are provided in X, Y (eastings, northings) UTM Zone 19N, 
NAD 83 and geographic (longitude, latitude), NAD83.

Massachusetts Call Area Boundary

----------------------------------------------------------------------------------------------------------------
              Point No.                  X (easting)        Y (northing)        Longitude           Latitude
----------------------------------------------------------------------------------------------------------------
1...................................             364400            4555200         -70.615653          41.136789
2...................................             380000            4555200         -70.429840          41.139245
3...................................             380000            4550400         -70.428902          41.096020
4...................................             384800            4550400         -70.371762          41.096715
5...................................             384800            4531200         -70.368180          40.923806
6...................................             413600            4531200         -70.026196          40.927357
7...................................             413600            4497600         -70.021549          40.624717
8...................................             389600            4497600         -70.305250          40.621859
9...................................             389600            4495200         -70.304830          40.600243
10..................................             388400            4495200         -70.319009          40.600082
11..................................             388400            4494000         -70.318797          40.589275
12..................................             370400            4494000         -70.531439          40.586651
13..................................             370400            4497600         -70.532179          40.619071
14..................................             360800            4497600         -70.645631          40.617510
15..................................             360800            4502400         -70.646693          40.660734
16..................................             356000            4502400         -70.703452          40.659911
17..................................             356000            4512000         -70.705656          40.746356
18..................................             352400            4512000         -70.748279          40.745718
19..................................             352400            4522800         -70.750833          40.842965
20..................................             330800            4522800         -71.006912          40.838793
21..................................             330800            4507200         -71.002689          40.698345
22..................................             327200            4507200         -71.045274          40.697598
23..................................             327200            4540800         -71.054600          41.000088
24..................................             346400            4540800         -70.826429          41.003931
25..................................             346400            4551600         -70.829121          41.101169
26..................................             359600            4551600         -70.671998          41.103557
27..................................             359600            4552800         -70.672272          41.114362
28..................................             362000            4552800         -70.643698          41.114774
29..................................             362000            4554000         -70.643967          41.125579
30..................................             364400            4554000         -70.615387          41.125983
31..................................             364400            4555200         -70.615653          41.136789
----------------------------------------------------------------------------------------------------------------

Map of the Call Area

    A map of the Call Area is available at the following URL: http://www.boem.gov/Renewable-Energy-Program/State-Activities/Massachusetts.aspx. A large scale map of the Call Area showing its 
boundaries, and with numbered blocks, is available from BOEM at the 
following address: Bureau of Ocean Energy Management, Office of 
Renewable Energy Programs, 381 Elden Street, HM 1328, Herndon, Virginia 
20170, Phone: (703) 787-1320, Fax: (703) 787-1708.

Development of the Call Area

    The Call Area was identified by BOEM after consideration of the 
comments received in response to the December 2010 RFI, which are 
described below, and further delineated in consultation with the BOEM 
Massachusetts Renewable Energy Task Force. Specific mitigation, 
stipulations, or exclusion areas may be developed as a result of: (1) 
Consultations with appropriate Federal, state, and local agencies, and 
Indian Tribes, (2) comments and information received in response to 
this Call, (3) continued coordination with the BOEM Massachusetts 
Renewable Energy Task Force, and (4) the EA for which BOEM is 
concurrently publishing a NOI in the Federal Register.

Responses to the December 2010 RFI

    BOEM received a total of 11 expressions of interest from 10 
individual entities in response to the December 2010 RFI. A table 
showing the interested parties and the OCS blocks nominated for leasing 
is available at the following link: http://www.boemre.gov/offshore/RenewableEnergy/PDFs/stateactivities/MA/CommercialIndicationsofInterest4-22-11.pdf.
    BOEM also received 247 comments from members of the public as well 
as state and Federal agencies. The comments received in response to the 
December 2010 RFI are available at the following link: http://www.boem.gov/Renewable-Energy-Program/State-Activities/Massachusetts.aspx.
    BOEM will continue to consider all comments submitted in response 
to the RFI throughout the leasing process. In particular, the comments 
submitted in response to the RFI related to commercial wind energy 
leasing and site assessment activities and site characterization 
surveys will be analyzed in the EA (refer to the concurrently published 
NOI). The comments submitted in response to the RFI related to 
commercial wind energy development (e.g. construction, operation, 
decommissioning) will be considered in the NEPA analysis that will be 
conducted when these development activities are subject to a BOEM 
decision. A brief summary of the comments is provided below.
    The comments that BOEM received ranged over a variety of topics in 
addition to general support or opposition, including avian resources, 
coastal and marine spatial planning (CMSP), community-owned projects, 
fishing activities and fishery resources, historic properties and 
national natural landmarks, marine mammal resources, the NEPA process, 
shipping and navigation, tribal resources, viewshed, and the Cape Wind 
Energy Project. Many commenters--including the Nature Conservancy, 
National Oceanic and Atmospheric Administration (NOAA), National Marine 
Fisheries Service (NMFS), and the Sierra Club--submitted maps showing 
information related to particular resources overlapping with the RFI 
area. The comments received by BOEM are

[[Page 5826]]

available at the following link: http://www.boem.gov/Renewable-Energy-Program/State-Activities/Massachusetts.aspx.
Avian resources
    Comments regarding the potential impact of offshore commercial wind 
energy development to avian species were received from The Humane 
Society of the United States, Massachusetts (Mass) Audubon Society, and 
the National Wildlife Federation. The Humane Society recommended a 
requirement for multiple years of pre-construction monitoring. Mass 
Audubon Society noted that the RFI area includes two species of 
concern: Long tailed ducks and roseate terns. Mass Audubon recommended 
multi-year studies on these species' individual movements using radio 
or satellite transmitters and aerial and boat surveys to identify the 
potential risk to the endangered roseate tern and the state-listed 
common tern from any wind energy development in the Muskeget Shoals 
area. Mass Audubon identified an area offshore Massachusetts that 
appears to overlap with the RFI area that has been identified as 
globally significant habitat for long tailed ducks and indicated that 
data collected from 1997 to 2011 demonstrate that approximately 30 
percent of the global breeding population of long tailed ducks 
completes a daily commute from Nantucket Sound to forage on high 
concentrations of pelagic amphipods in the waters immediately west of 
Nantucket Shoals.
Coastal and Marine Spatial Planning (CMSP)
    Comments related to CMSP were received from Alliance to Protect 
Nantucket Sound, Conservation Law Foundation, Environmental 
Entrepreneurs, Fishing Vessel Holly and Abby, Martha's Vineyard 
Commission, National Marine Fisheries Service, New England Fishery 
Management Council, Oceans Public Trust Initiative, Sandy Hook Pilots, 
Sierra Club, and individual citizens. Comments included concerns that 
the process used to identify the RFI would circumvent the CMSP process. 
Recommendations requested that BOEM use the principles of the National 
Ocean Policy, particularly CMSP, prior to the siting of wind facilities 
offshore Massachusetts. The Sierra Club recommended that BOEM 
coordinate its CMSP efforts with existing plans and policies and with 
the CMSP activities of the Northeast Regional Ocean Council.
Community-Owned Projects
    BOEM received comments related to community-owned projects from the 
Commonwealth of Massachusetts, State Representative Timothy Madden, 
Martha's Vineyard Commission, Town of Oak Bluffs, members of the 
Vineyard Power Cooperative, and individual citizens. BOEM received many 
comments that requested BOEM to give priority to applications that 
include a community-owned component, reduce the financial and technical 
qualification requirements for community-owned projects that express 
interest in the RFI area, and set aside specific blocks for community-
owned development within the RFI area. The Martha's Vineyard Commission 
recommended that BOEM involve affected communities early in the process 
and establish a fund to assist with mitigation of effects on local 
communities, and that developers should be encouraged to work with 
local communities to facilitate construction of community-owned wind 
projects.
Fishing Activities and Fishery Resources
    Comments related to fishing activities and fishery resources were 
received from the American Alliance of Fishermen, Atlantic Capes 
Fisheries, City of New Bedford Mayor Scott Lang, Commonwealth of 
Massachusetts, Conservation Law Foundation, David Frulla, Kelly Drye & 
Warren LLP, Fishing Vessel Holly and Abby, GAO Associates, Hunter 
Scalloping Company, Martha's Vineyard Commission, National Wildlife 
Federation, New England Fishery Management Council, NMFS, The Nature 
Conservancy, Sierra Club, and individual citizens. Comments included 
concerns about insufficient outreach to fishermen and concerns related 
to potential impacts to the commercial fishing industry from commercial 
wind energy development of the RFI area. The American Alliance of 
Fishermen, City of New Bedford Mayor Scott Lang, and the Commonwealth 
of Massachusetts requested that extensive studies be conducted of 
stocks west of the 70[deg] longitude line and that OCS blocks within 
the RFI area east of the 70[deg] longitude line be excluded from 
further consideration in order to protect valuable fisheries resources. 
BOEM has already acted on the latter request, thus reducing the size of 
the Call Area from that of the originally-proposed RFI area. The Nature 
Conservancy submitted information from the Northwest Atlantic Marine 
Ecoregional Assessment, including maps that show information related to 
average pounds of catch of certain fish species (cod, yellowtail 
flounder, winter flounder, sea scallop, etc.) overlapping the RFI area.
    NMFS identified designated essential fish habitat (EFH) for 
multiple species within the RFI area for a range of federally managed 
species. NMFS indicated that complex benthic substrates vulnerable to 
disturbances are located within the RFI area, and included maps of 
certain ecologically important factors within the RFI area. NMFS noted 
that specific proposals within the RFI area must include an expanded 
EFH assessment under the federal review process. NMFS indicated there 
are many critical resources in the RFI area, including habitat for 
endangered species and federally managed fishing resources, and 
included information as to locations of critical habitat as well as 
fishery management areas such as the Nantucket Lightship Closed Access 
Area and the Nantucket Lightship Habitat Closure Area. NMFS also 
described fishery activities and associated fishery resources within 
the RFI area, and included maps of specific fishing activity for the 
RFI area using Vessel Trip Report data for five types of fishing 
activities from 2006-2012. The New England Fishery Management Council 
identified active fishing grounds for species within the RFI area and 
recommended BOEM obtain information on species distribution, fishing 
effort, and revenues from NMFS. The New England Fishery Management 
Council also noted the RFI area encompasses EFH for a broad range of 
federally managed species, and requested that projects in the area and 
their accompanying NEPA documents include an expanded EFH impact 
assessment.
    The American Alliance of Fishermen requested that BOEM conduct 
additional studies on tuna and swordfish, and fishery stocks that have 
not been reported on, such as squid, winter flounder, lobster, scup, 
whiting, black sea bass, skates and dogfish. The Sierra Club 
recommended that BOEM consider the relationship of the RFI area to the 
EFH Omnibus Amendment process underway by the New England Fishery 
Management Council. David Frulla, Kelley Drye & Warren LLP, on behalf 
of the Fisheries Survival Fund, suggested that BOEM use the following 
sources of information when identifying fishing grounds: Vessel 
Monitoring System data, Vessel Trip Reports, Swept Area Seafloor Impact 
Model (to identify fishing impacts on essential fish habitats), and 
Scallop Survey Data. Comments also included concerns

[[Page 5827]]

regarding commercial wind energy development and interference with 
vessel radar systems, and exclusions by fishing vessel insurance 
companies.
    The Martha's Vineyard Commission expressed support for the 
Commonwealth's Fisheries Working Group on Offshore Renewable Energy and 
recommended extensive mapping of fishing and fish resource areas. The 
Martha's Vineyard Commission also recommended that developers work with 
the fishing community to implement practices that minimize the impact 
on fishing, such as assistance with increased insurance costs and 
coordination of cable-laying. Atlantic Capes Fisheries recommended 
areas rich in scallops and other fisheries such as the Nantucket 
Lightship Area and the eastern area of the RFI be removed from leasing 
consideration and that areas the New England Fishery Management Council 
would make permanent closures for habitat be considered as preferred 
and initial leasing targets provided that other major environmental 
resources are not compromised.
National Natural Landmarks
    BOEM received comments from the National Park Service regarding two 
designated National Natural Landmarks that are located in proximity to 
the RFI area: Gay Head Cliffs, located at the southwest end of Martha's 
Vineyard and Muskeget Island, located off the western tip of Nantucket. 
The National Park Service noted that Federal agencies should consider 
the existence and location of designated National Natural Landmarks in 
assessing the effects of their activities on the environment under 
section 102(2)(c) of NEPA (42 U.S.C. 4321). The National Park Service 
recommended consideration of the status of Gay Head Cliffs and Muskeget 
Island as registered National Natural Landmarks in evaluating the 
probable impact of the proposed activity on the public interest. The 
National Park Service noted that increased erosion impacts to the 
cliffs, changes to sediment transport, and impacts to grey seal 
breeding areas (Muskeget being considered one of the southernmost 
breeding areas) are of particular concern.
Marine Mammal Resources
    BOEM received comments related to marine mammal resources from the 
Commonwealth of Massachusetts, The Humane Society of the United States, 
Marine Mammal Commission, National Wildlife Federation, NMFS, The 
Nature Conservancy, Sierra Club, Whale and Dolphin Conservation 
Society, and individual citizens. Comments included concerns that 
insufficient baseline data is currently available about marine mammals 
or their habitats and recommendations to initiate monitoring and 
baseline studies to acquire additional information. Comments also 
indicated that many species of marine mammals have been sighted within 
the RFI area, including harbor porpoises and endangered North Atlantic 
right whales. The Nature Conservancy submitted information from the 
Northwest Atlantic Marine Ecoregional Assessment, including maps that 
show information related to important marine mammal areas overlapping 
the RFI area.
    The Humane Society of the United States expressed reservations 
regarding the data provided on the Massachusetts Ocean Management Plan 
Web site, and stated that monitoring should be required immediately 
using aerial and vessel-based surveys and passive acoustic monitoring. 
The Humane Society of the United States also expressed concern 
regarding the changes to migration patterns and potential for increased 
vessel collisions. NMFS indicated several species of marine mammals are 
common residents or occasional visitors to the RFI area, included 
locations of critical habitat for several species, and noted the 
consultation requirements for Section 7(a)(2) of the ESA, and the 
similar requirements of the Marine Mammal Protection Act. The Marine 
Mammal Commission requested that BOEM consult with NMFS, U.S. Fish and 
Wildlife Service, the Marine Mammal Commission, and the Army Corps of 
Engineers to develop a set of standards for the collection of baseline 
information on marine mammals and their environment, and identify and 
address any significant data gaps, before initiating the leasing 
process for renewable energy operations. The Marine Mammal Commission 
also expressed concerns regarding vessel collisions with marine 
mammals, marine mammal collisions with turbines, toxic chemical spills 
from turbines, and the unknown effects of electromagnetic fields.
NEPA Process
    BOEM received comments from the Alliance to Protect Nantucket 
Sound, Defenders of Wildlife, Environmental Entrepreneurs, Marine 
Mammal Commission, and Oceans Public Trust Initiative, about the NEPA 
process. The Alliance to Protect Nantucket Sound, Defenders of 
Wildlife, Marine Mammal Commission, and Oceans Public Trust Initiative 
recommended that DOI develop an Environmental Impact Statement rather 
than an EA at the leasing stage.
    The Environmental Entrepreneurs supported the ``Smart from the 
Start'' initiative to streamline the process and requested that BOEM 
incorporate the Offshore Wind Development Coalition's principles for 
offshore wind leasing into the initiative to make it easier for wind 
developers to obtain preliminary, exclusive leases for site exploration 
while still ensuring that there will be full environmental review when 
an actual project is proposed.
Shipping and Navigation
    BOEM received comments related to shipping and navigation from the 
U.S. Coast Guard First District, American Association of Port 
Authorities, The American Waterways Operators, Sandy Hook Pilots, Port 
Authority of New York and New Jersey, Commonwealth of Massachusetts, 
and individual citizens. Comments focused on concerns regarding 
commercial wind energy development overlapping or in proximity to 
existing Traffic Separation Schemes (TSS). The U.S. Coast Guard First 
District suggested that OCS blocks overlapping with and in proximity to 
the Boston and Nantucket to Ambrose TSS be highlighted for possible 
exclusion or imposition of mitigation measures. The U.S. Coast Guard 
First District also suggested that historical Automated Identification 
System (AIS) data be used to determine vessel traffic density, 
recommended that the consequences of funneling traffic into the traffic 
lane or closer to shore be identified, and suggested a study of 
potential impacts of offshore wind energy development on the U.S. Coast 
Guard's ability to conduct search and rescue missions.
    The American Waterways Operators expressed concerns related to the 
placement of wind turbines and impacts to navigation and operation 
safety, and suggested that BOEM exclude areas for wind development that 
are within at least 800 meters from a TSS. BOEM has already excluded, 
in consultation with the U.S. Coast Guard, aliquot parts of OCS blocks 
within 1 nmi of the TSS from the Call Area. The American Waterways 
Operators expressed support for BOEM's use of AIS to identify vessel 
traffic patterns, and requested BOEM consult with maritime industry 
stakeholders as part of the NEPA scoping process. The American 
Association of Port Authorities recommends that future RFIs exclude 
areas near a TSS before the official release of the RFI, and recommends 
that BOEM use U.S. Coast Guard personnel

[[Page 5828]]

and resources to analyze the AIS data and provide recommendations.
Tribal Resources
    BOEM received comments from the Martha's Vineyard Commission, 
National Wildlife Federation, and the Town of Oak Bluffs regarding 
tribal resources. The Martha's Vineyard Commission recommended that 
BOEM involve tribal representatives in all stages and aspects of the 
process of planning, research, project selection, and project design. 
The Town of Oak Bluffs expressed support for the Wampanoag Tribe of 
Gayhead's (Aquinnah) request that any project less than 21 miles 
offshore should be reviewed with particular sensitivity to tribal 
concerns and historic scenic views.
Viewshed
    BOEM received comments from the Martha's Vineyard Commission, 
National Wildlife Federation, and the Town of Oak Bluffs related to 
viewshed concerns. The Martha's Vineyard Commission requested that BOEM 
should work to mitigate any impacts to scenic views through siting and 
turbine configuration. The Town of Oak Bluffs expressed concern about 
the effects of the RFI on historic and scenic viewscapes. The National 
Wildlife Federation recommended that the Federal Government fully 
pursue its government-to-government consultation obligation by reaching 
out directly to tribes and ensure that the appropriate tribal officials 
and tribal staff have been fully consulted, involving more than an 
official letter of notice, and including every possible communication 
method (letter, email, phone, and face-to-face meetings). The National 
Wildlife Federation also recommended the Federal Government fully 
address and pursue measures to minimize and fully mitigate impacts to 
tribal cultural, wildlife, water and other natural resources, with the 
ultimate objective of having no impact on those resources or 
traditional properties.
The Cape Wind Energy Project
    BOEM received comments from the Alliance to Protect Nantucket 
Sound, Oceans Public Trust Initiative, and individual citizens 
expressing concerns regarding the Cape Wind Energy Project. Comments 
included general opposition to the Cape Wind Energy Project and stated 
that BOEM should consider the RFI area as an alternative site to the 
Cape Wind Energy Project. The Alliance to Protect Nantucket Sound and 
Oceans Public Trust Initiative expressed that the RFI area demonstrates 
that there are alternative locations to Cape Wind's location in 
Nantucket Sound. The Oceans Public Trust Initiative suggested that DOI 
disapprove the Cape Wind project.
Additional Task Force Membership Comments
    Issues discussed through consultation with the BOEM/Massachusetts 
Renewable Energy Task Force, and areas where site-specific stipulations 
may be required are described below. NMFS noted that the Call Area 
overlaps with the Nantucket Lightship Groundfish Closed Area, and also 
noted the New England Fishery Management Council (NEFMC) is considering 
a range of new possible habitat closed area alternatives because of 
habitat vulnerability within proximity to the Call Area, such as Cox 
Ledge and Nantucket Shoals. NMFS provided in its comment the following 
references for detailed information regarding areas that are actively 
managed by NMFS: http://www.nero.noaa.gov/nero/fishermen/charts.html 
and http://www.nero.noaa.gov/nero/regs/info.html. NMFS noted this 
information is important for developers when considering proposed cable 
routes as well as potential for interactions with fishing activities 
displaced from these closed areas. Concerning cables, NMFS further 
identified the need for BOEM to proactively develop cable corridors in 
order to minimize the cumulative impact of multiple cables from sites 
within a Wind Energy Area to shore. BOEM has requested information 
regarding potential cable configurations and consolidations from 
nominators that submit a response to this Call (refer to the section 
entitled ``Required Nomination Information''), and will consider the 
information it receives in response to the Call as it moves forward 
with the leasing and planning process and in the EA.
    NMFS made recommendations concerning several other aspects of 
potential OCS development. NMFS recommended that information generated 
by lessees through site assessment and leasing activities be made 
public and used to populate the National Ocean Council's ``National 
Information Management System,'' and/or regional data portals. The 
Northeast Regional Ocean Council (NROC) has been working with a 
partnership of government agencies, non-government organizations, and 
academic entities to develop a Northeast Ocean Data Portal, which can 
be accessed at: http://northeastoceandata.org/. NMFS also recommended 
the Call acknowledge the issue of climate change and the anticipated 
shift in fishery resource populations as well as shifts in fishing 
activities. NMFS also recommended that BOEM require coordinated 
fisheries studies once leases have been issued to ensure a consistent 
fishery research methodology throughout the area and minimize 
duplicative costs to developers.

Department of Defense (DoD) Activities

    The DoD conducts offshore testing, training, and operations on the 
OCS. BOEM will consult with the DoD about all areas nominated for 
leasing to ensure that any future development can be compatible with 
defense activities on the OCS.

BOEM Approach to Exclusion Requests

    Several comments received by BOEM in response to the RFI have 
recommended areas to be excluded from consideration of potential 
leasing. As explained in the section of the Call entitled, ``Purpose of 
the Call for Information and Nominations,'' the inclusion of an area of 
the OCS within the Call Area is not a decision to lease that area. The 
Call solicits information from all interested and affected parties that 
BOEM can use in identifying portions of the Call Area where interest 
exists and which will be subject to environmental analysis and 
stakeholder consultation. The information the Call seeks relates to 
both renewable energy development interest and to other resources 
within, and current uses of, the Call Area. After considering the 
information it receives in response to the Call, BOEM may decide to 
exclude certain areas at the next step in the planning process--the 
Area Identification--or to include those areas for further 
consideration and analysis in the NEPA review. Please refer to the NOI 
that is being published concurrently with this notice. Generally, 
BOEM's approach is to first analyze the entire Call Area thoroughly 
with the goal of eliminating or reducing to an acceptable level any 
potential resource and use conflicts. However, if BOEM concludes that 
such conflicts cannot be properly mitigated, exclusions may be 
necessary. BOEM intends to make fully-informed decisions on exclusions 
at the appropriate time in the lease planning process.
    Task force members and comments received in response to the RFI 
have both identified competing uses within the Call Area. BOEM hereby 
highlights in the Call two such uses: (1) Vessel traffic and (2) 
commercial fishing, and requests specific data and information relevant 
to these uses, which will be used to inform its subsequent decisions.

[[Page 5829]]

BOEM will consider the information received from interested developers, 
maritime interests, commercial fishers, and others concerning these 
uses in reaching an Area Identification and in planning the ensuing 
NEPA analysis. It is possible that certain geographic areas and/or 
associated mitigation measures could be framed as alternatives in the 
NEPA analysis to enable thorough and conclusive consideration by BOEM 
in its decisionmaking.

Required Nomination Information

    If you intend to submit a nomination for a commercial wind energy 
lease within the Call Area, you must provide the following:
    (1) The BOEM Protraction name, number, and specific whole or 
partial OCS blocks or sub-blocks within the Call Area that are of 
interest to you for commercial wind leasing, including any required 
buffer area. This information should be submitted as a spatial file 
compatible with ArcGIS 9.3 in a geographic coordinate system (NAD 83), 
in addition to a hard copy submittal. If your proposed lease area 
includes one or more partial blocks, please describe those partial 
blocks in terms of a sixteenth (i.e., sub-block) of an OCS block. BOEM 
will not consider any areas outside of the Call Area in this process;
    (2) A description of your objectives and the facilities that you 
would use to achieve those objectives, including: A general description 
of devices and infrastructure you intend to use; anticipated power 
production and likely purchasers; a statement that the proposed 
activity conforms with state and local energy planning requirements, 
initiatives or guidance, as appropriate;
    (3) A schedule of proposed activities, including those leading to 
commercial operations;
    (4) Available and pertinent data and information concerning 
renewable energy resources and environmental conditions in the Call 
Area, including energy and resource data and information used to 
evaluate the Call Area. Where applicable, spatial information should be 
submitted in a format compatible with ArcGIS 9.3 in a geographic 
coordinate system (NAD 83);
    (5) If available, identification of potential cable landfall sites, 
staging areas, and any other support sites that may be necessary for 
your project;
    (6) If available, information regarding proposed land-side and 
near-shore project elements and their potential effects on viewsheds, 
historic, cultural, and/or tribal resources;
    (7) Description of the compatibility of your project with 
commercial fishing activity (e.g. spacing between individual turbines, 
array configurations, cable burial depths, routing measures, 
inspections, cable configurations or consolidations, etc.) occurring, 
or expected to occur, both within, and within proximity to, your 
proposed area;
    (8) Documentation demonstrating that you are qualified to hold a 
lease as set forth in 30 CFR 585.106 and 107. Examples of documentation 
appropriate for demonstrating your legal qualifications can be found in 
Chapter 2 and Appendix B of the BOEM Renewable Energy Framework Guide 
Book available at: http://www.boemre.gov/offshore/RenewableEnergy/PDFs/REnGuidebook_03August2009_3_.pdf. Legal qualification documents will 
be placed in an official file that may be made available for public 
review. If you wish that any part of your legal qualification 
documentation be kept confidential, clearly identify what should be 
kept confidential, and submit it under a separate cover (See 
``Protection of Privileged or Confidential Information Section,'' 
below);
    (9) You must also include documentation demonstrating that you are 
technically and financially capable of constructing, operating, 
maintaining and decommissioning the facilities described in (2) above. 
Guidance regarding documentation appropriate for demonstrating your 
technical and financial qualifications can be found at: http://www.boem.gov/Renewable-Energy-Program/Regulatory-Information/Index.aspx. Documentation you submit to demonstrate your legal, 
technical, and financial qualifications must be provided to BOEM in 
both paper and electronic formats. BOEM considers an Adobe PDF file 
stored on a CD to be an acceptable format for submitting an electronic 
copy; and
    (10) Applicants who submitted a nomination in response to the RFI 
should indicate in response to this Call whether: (1) They wish to 
continue with their original RFI nomination within the Call Area; (2) 
they wish to continue with, but modify, their original RFI nomination 
within the Call Area; (3) they wish to withdraw their original RFI 
nomination from further consideration; and/or (4) they wish to submit a 
new nomination of interest within the Call Area. An applicant may make 
more than one nomination within the Call Area. Therefore, for example, 
even if the applicant wishes to continue with its original RFI 
nomination, it may also make a new nomination.
    It is critical that you submit a complete nomination so that BOEM 
may evaluate your submission in a timely manner. If BOEM reviews your 
nomination and determines that it is incomplete, BOEM will inform you 
of this determination in writing. This letter will describe the 
information that BOEM determined to be missing from your nomination, 
and direct you to submit it in order for BOEM to deem your submission 
complete. You will be given 15 business days from the date of the 
letter to submit the information that BOEM found to be missing from 
your original submission. If you do not meet this deadline, or if BOEM 
determines this second submission to be insufficient, then BOEM may 
deem your nomination invalid. In such a case, BOEM would not move 
forward with your nomination submitted in response to this Call.

Requested Information From Interested or Affected Parties

    BOEM is requesting from the public and other interested or affected 
parties specific and detailed comments regarding the following:
    (1) Geological and geophysical conditions (including bottom and 
shallow hazards);
    (2) Known archeological and/or cultural resource sites on the 
seabed or nearshore and methodologies used to acquire that data;
    (3) Historic properties potentially affected by the construction of 
meteorological towers, the installation of meteorological buoys, or 
commercial wind development in the Call Area;
    (4) Other uses of the area, including navigation (in particular, 
commercial and recreational vessel use), recreation, and fisheries 
(commercial and recreational); and
    (5) Other relevant socioeconomic, biological, and environmental 
information.

Protection of Privileged or Confidential Information Freedom of 
Information Act

    BOEM will protect privileged or confidential information that you 
submit as required by the Freedom of Information Act (FOIA). Exemption 
4 of FOIA applies to trade secrets and commercial or financial 
information that you submit that is privileged or confidential.
    If you wish to protect the confidentiality of such information, 
clearly mark it and request that BOEM treat it as confidential. BOEM 
will not disclose such information, subject to the requirements of 
FOIA. Please label privileged or confidential information ``Contains 
Confidential Information'' and consider submitting such information as 
a separate attachment.

[[Page 5830]]

    However, BOEM will not treat as confidential any aggregate 
summaries of such information or comments not containing such 
information. Additionally, BOEM will not treat as confidential (1) the 
legal title of the nominating entity (for example, the name of your 
company), or (2) the list of whole or partial blocks that you are 
nominating. Information that is not labeled as privileged or 
confidential will be regarded by BOEM as suitable for public release.

Section 304 of the National Historic Preservation Act (16 U.S.C. 470w-
3(a))

    BOEM is required, after consultation with the Secretary, to 
withhold the location, character, or ownership of historic resources if 
it determines that disclosure may, among other things, risk harm to the 
historic resources or impede the use of a traditional religious site by 
practitioners. Tribal entities should designate information that falls 
under Section 304 of NHPA as ``Confidential.''

     Dated: February 1, 2012.
Tommy P. Beaudreau,
Director, Bureau of Ocean Energy Management.
[FR Doc. 2012-2645 Filed 2-3-12; 8:45 am]
BILLING CODE 4310-VH-P