[Federal Register Volume 77, Number 100 (Wednesday, May 23, 2012)]
[Notices]
[Pages 30551-30555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-12485]


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DEPARTMENT OF THE INTERIOR

Bureau of Ocean Energy Management

[Docket No. BOEM-2012-0009]


Commercial Renewable Energy Transmission on the Outer Continental 
Shelf (OCS) Offshore Rhode Island, Notice of Proposed Grant Area and 
Request for Competitive Interest (RFCI) in the Area of the Deepwater 
Wind Block Island Transmission System Proposal

AGENCY: Bureau of Ocean Energy Management, Department of the Interior.

ACTION: Public Notice of an Unsolicited Request for a Transmission 
Cable Right-of-Way Grant Supporting Renewable Energy, Request for 
Submission of Indications of Competitive Interest, and Request for 
Public Comment.

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SUMMARY: The purpose of this public notice is to: (1) Describe the 
Deepwater Wind Block Island LLC (Deepwater Wind) Transmission System 
(BITS) proposal submitted to the Bureau of Ocean Energy Management 
(BOEM); (2) solicit submissions of indications of competitive interest 
for a right-of-way (ROW) grant for renewable energy purposes for the 
area identified in this notice; and (3) solicit public input regarding 
the proposal, its potential environmental consequences, and other uses 
of the area in which the proposal would be located.
    On November 30, 2011, BOEM received an application from Deepwater 
Wind for a ROW grant on the OCS offshore Rhode Island. Deepwater Wind's 
proposed project, the BITS, would entail the construction and 
installation of a bi-directional submerged transmission cable between 
Block Island and the Rhode Island mainland. Deepwater Wind has 
requested a ROW grant for the portion of the BITS cable that is 
proposed on the OCS. Deepwater Wind proposes that the BITS would serve 
two purposes: (1) Transmit electrical power from Deepwater Wind's 
proposed 30 megawatt (MW) offshore wind energy project located in Rhode 
Island State waters off Block Island to the Rhode Island mainland; and 
(2) transmit electrical power from the existing transmission grid on 
the Rhode Island mainland to Block Island.
    This RFCI is published pursuant to subsection 8(p)(3) 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 585. Subsection 8(p)(3) of the OCS Lands Act requires that OCS 
renewable energy leases, easements, and rights-of-way be issued ``on a 
competitive basis unless the Secretary determines after public notice 
of a lease, easement, or right-of-way that there is no competitive 
interest.'' This RFCI provides such public notice for the proposed ROW 
grant area requested by Deepwater Wind and invites the submission of 
indications of competitive interest. BOEM will consider the responses 
to this public notice to determine whether competitive interest exists 
for the area requested by Deepwater Wind, as required by 43 U.S.C. 
1337(p)(3). Parties wishing to obtain a grant for the area requested by 
Deepwater Wind should submit detailed and specific information as 
described in the section entitled, ``Required Indication of Interest 
Information.'' This announcement also requests that interested and 
affected parties comment and provide information about site conditions 
and existing and future uses of the area identified in this notice that 
would be relevant to the proposed project or its impacts. The 
information that BOEM is requesting is described in the section 
entitled, ``Requested Information from Interested or Affected 
Parties.''

DATES: If you are submitting an indication of interest in acquiring a 
ROW grant for the area requested by Deepwater Wind, your submission 
must be sent by mail, postmarked no later than June 22, 2012 for your 
submission to be considered. If you are providing comments or other 
submissions of information, you may send them by mail, postmarked by 
this same date, or you may submit them through the Federal Rulemaking 
Portal at http://www.regulations.gov, also by this same date.
    Submission Procedures: If you are submitting an indication of 
competitive interest for a ROW grant, please submit it by mail to the 
following address: Bureau of Ocean Energy Management, Office of 
Renewable Energy Programs, 381 Elden Street, HM 1328, Herndon, Virginia 
20170. Submissions must be postmarked by June 22, 2012 to be considered 
by BOEM for the purposes of determining competitive interest. In 
addition to a paper copy of your submission, include an electronic copy 
on a compact disc. BOEM will list the parties that submit indications 
of competitive interest in the area requested by Deepwater Wind on the 
BOEM Web site after the 30-day comment period has closed.
    If you are submitting comments and other information concerning the 
proposed grant area, you may use either of the following two methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. In the 
entry titled ``Enter Keyword or ID,'' enter BOEM-2012-0009, and then 
click ``search.'' Follow the instructions to submit public comments and 
view supporting and related materials available for this notice.
    2. Alternatively, comments may be submitted by mail to the 
following address: Bureau of Ocean Energy Management, Office of 
Renewable Energy Programs, 381 Elden Street, HM 1328, Herndon, Virginia 
20170.
    If you wish to protect the confidentiality of your submissions or 
comments, clearly mark the relevant sections and request that BOEM 
treat them as confidential. Please label privileged or confidential 
information ``Contains Confidential Information'' and consider 
submitting such information as a separate attachment. Treatment of 
confidential information is addressed in the section of this notice 
entitled, ``Privileged or Confidential Information.'' BOEM will post 
all comments on regulations.gov unless labeled as confidential. 
Information that is not labeled as privileged or confidential will be 
regarded by BOEM as suitable for public release.

FOR FURTHER INFORMATION CONTACT: Ms. Jessica Bradley, Project 
Coordinator, BOEM, Office of Renewable Energy Programs, 381 Elden 
Street, HM 1328, Herndon, Virginia 20170, (703) 787-1300.

SUPPLEMENTARY INFORMATION: 

Purpose of the RFCI

    Responses to this public notice will allow BOEM to determine, 
pursuant to 30 CFR 585.306, whether or not there is competitive 
interest in acquiring the ROW area requested by Deepwater Wind as 
described in this notice. In addition, this notice provides an 
opportunity for interested stakeholders to provide comments on the 
Deepwater

[[Page 30552]]

Wind ROW request, including information relating to potential 
environmental consequences.
    If, in response to this notice, BOEM receives one or more 
indications of competitive interest for offshore transmission 
development from qualified entities that wish to compete for the 
proposed BITS ROW grant area, it may decide to move forward with the 
ROW grant issuance process using competitive procedures pursuant to 30 
CFR Part 585. However, if BOEM receives no qualified competing 
indications of interest, BOEM may decide to move forward with the ROW 
grant issuance process using the noncompetitive procedures contained in 
30 CFR Part 585. Should BOEM decide to issue a ROW grant in the area, 
whether competitively or non-competitively, it may provide the public 
with additional opportunities to comment.

Background

Energy Policy Act of 2005 (EPAct)

    The EPAct amended the OCS Lands Act by adding subsection 8(p), 
which authorizes the Secretary of the Interior to grant leases, 
easements, and 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. 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 promulgated renewable energy regulations, 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

    In July 2010, the President signed an Executive Order (EO) 
establishing the National Ocean Council. The EO establishes a 
comprehensive, integrated national policy for the stewardship of the 
oceans, our coasts and the Great Lakes. Where BOEM actions affect the 
ocean, the EO requires BOEM to take such action as necessary to 
implement this policy, the stewardship principles and national priority 
objectives adopted by the EO, and 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 the 
ecosystem-based management principles of coastal and marine spatial 
planning, and coordinate with the regional planning bodies as 
established by the National Ocean Council to inform its leasing 
processes. BOEM anticipates that continued coordination with the BOEM 
State Renewable Energy Intergovernmental Task Forces will help inform 
comprehensive coastal and marine spatial planning efforts.

BOEM Rhode Island Renewable Energy Intergovernmental Task Force

    BOEM established the BOEM Rhode Island Renewable Energy 
Intergovernmental Task Force (Task Force) in November 2009, at the 
request of the Governor, to facilitate coordination among affected 
Federal agencies and state, local, and tribal governments relating to 
renewable energy development on the OCS offshore Rhode Island. BOEM has 
coordinated with the Task Force on potential commercial wind energy 
development within an Area of Mutual Interest established through a 
July 2010 Memorandum of Understanding between the Governors of Rhode 
Island and Massachusetts. BOEM coordination efforts to date with the 
Task Force and meeting materials are available on the BOEM Web site at: 
http://www.boem.gov/Renewable-Energy-Program/State-Activities/Rhode-Island.aspx.

Determination of Competitive Interest and Granting Process

    BOEM will evaluate indications of competitive interest for the ROW 
grant area requested by Deepwater Wind to install cables for the 
transmission of electricity and will determine whether there is 
competitive interest in accordance with 30 CFR 585.307. At the 
conclusion of the comment period for this public notice, BOEM will 
review the submissions received and undertake a completeness review and 
a qualification review to make this required determination.
    Under BOEM's regulations at 30 CFR 585.302(b)(1), the rights 
accorded in a ROW grant do not prevent the issuance of other rights in 
the same area, provided that any subsequent ROW grant issued by BOEM in 
the area of a previously-issued ROW grant does not unreasonably 
interfere with activities approved under the previously-issued ROW 
grant. BOEM may find that competitive interest exists if it receives a 
proposal to acquire an OCS ROW grant that matches the proposed grant 
area.
    If BOEM determines that competitive interest exists, it may decide 
to proceed with the competitive granting process outlined in 30 CFR 
585.308. If BOEM determines that there is no competitive interest in 
the proposed grant area, it will publish in the Federal Register a 
notice that there is no competitive interest. At that point BOEM may 
decide to proceed with the noncompetitive grant issuance process 
pursuant to 30 CFR 585.306(b), and Deepwater Wind would be required to 
submit a General Activities Plan (GAP). Whether following competitive 
or noncompetitive procedures, BOEM will consult with the Task Force and 
will comply with all applicable requirements prior to making a decision 
on whether or not to issue a grant and/or GAP approval, disapproval, or 
approval with modifications. BOEM would coordinate and consult, as 
appropriate, with relevant Federal agencies, affected tribes, and 
affected state and local governments, in issuing a grant and developing 
grant terms and conditions.

Environmental Review Process

    The U.S. Army Corps of Engineers (USACE) New England District and 
BOEM both have jurisdiction by law for portions of the BITS. The BITS 
would support Deepwater Wind's proposed Block Island Wind Farm (BIWF), 
a proposed 30 MW offshore wind energy project located in Rhode Island 
State waters approximately 2.5 nautical miles (nmi) southeast of Block 
Island. Since the majority of the activities and permanent structures 
related to the BIWF and the BITS will be sited in state waters and on 
state lands, the USACE will be the lead agency for the NEPA 
environmental analysis of both projects. BOEM has jurisdiction for the 
portion of the BITS that will be located on the OCS, for which it 
requires issuance of a ROW grant, and will be a cooperating agency in 
the NEPA process led by the USACE. BOEM will consider all relevant 
information produced from the NEPA process and, if appropriate, adopt 
the USACE's NEPA document prior to the issuance of any ROW grant.
    BOEM and the USACE intend to conduct consultations required by 
Federal law jointly during the NEPA process. These consultations 
include, but are not limited to, those required by the CZMA, the ESA, 
the Magnuson-Stevens Fishery Conservation and Management Act, the NHPA, 
and Executive Order 13175--``Consultation and Coordination with Tribal 
Governments.''

[[Page 30553]]

Description of the Proposal

    Deepwater Wind proposes to construct and install a 34.5-kilovolt 
(kV) alternating current (AC) bi-directional submerged transmission 
cable between Block Island and the Rhode Island mainland. Deepwater 
Wind proposes that the BITS would: (1) Transmit electrical power from 
Deepwater Wind's proposed BIWF to the Rhode Island mainland; and (2) 
transmit electrical power from the existing transmission grid on the 
Rhode Island mainland to Block Island. Deepwater Wind proposes to 
connect an onshore substation on Block Island (New Shoreham, Rhode 
Island) northeast approximately 19.2 nmi to an onshore substation in 
South Kingstown, Rhode Island, or an additional approximately 7 nmi to 
an onshore substation in Narragansett, Rhode Island. Deepwater Wind is 
requesting a ROW grant for a 200-foot corridor associated with an 8 nmi 
portion of the BITS that is on the OCS.
    All cables would be installed in a manner that considers factors 
such as the type of seafloor (hard bottom or soft bottom), the 
potential presence of sandwaves and sediment megaripples, and the 
marine uses that take place in a given cable area.

Description of the Proposed Grant Area

    The area under consideration is located on the OCS off the coast of 
Rhode Island, between Block Island and the mainland. A ROW grant is a 
corridor 200 feet in width centered on the cable or pipeline (30 CFR 
585.301). The area requested crosses the following portions of the 
following OCS blocks in Official Protraction Diagram Providence NK 19-
07:

------------------------------------------------------------------------
                Block No.                            Sub block
------------------------------------------------------------------------
6711.....................................  H,L,P.
6761.....................................  D,H,K,L,N,O.
6810.....................................  A,B,E.
6811.....................................  G,H,K,L.
------------------------------------------------------------------------

    We request public comments and indications of competitive interest 
in the actual ROW grant area requested. The ROW grant area requested by 
Deepwater Wind consists of an area 100 feet to either side of the 
centerline. The centerline of the ROW can be determined by 
interconnecting the points indicated by the centerline coordinates. 
This area may be adjusted based on the results of future surveys or new 
information obtained from stakeholder outreach and public input. 
Coordinates for the centerline follow an order from north to south 
(points 1-27) and are provided in X, Y (eastings, northings) UTM Zone 
18N, NAD 83 and geographic (longitude, latitude), NAD83.

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     Point number         UTM X (easting)        UTM Y (northing)          Longitude              Latitude
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                 1              297579.86             4577806.25             -71.418731              41.326331
                 2              297764.90             4576627.63             -71.416129              41.315771
                 3              297948.74             4575456.74             -71.413546              41.305279
                 4              297948.90             4575455.09             -71.413543              41.305264
                 5              297962.50             4575166.08             -71.413285              41.302667
                 6              297976.03             4574878.48             -71.413028              41.300082
                 7              297976.04             4574877.33             -71.413028              41.300071
                 8              297960.78             4574347.66             -71.413034              41.295301
                 9              297945.47             4573816.13             -71.413040              41.290513
                10              297945.18             4573813.60             -71.413043              41.290490
                11              297888.18             4573526.78             -71.413628              41.287895
                12              297831.47             4573241.41             -71.414210              41.285312
                13              297831.38             4573241.03             -71.414211              41.285309
                14              297792.88             4573070.56             -71.414614              41.283765
                15              297754.21             4572899.35             -71.415018              41.282214
                16              297753.91             4572898.25             -71.415021              41.282204
                17              297700.90             4572725.11             -71.415596              41.280633
                18              297647.43             4572550.46             -71.416176              41.279048
                19              297646.70             4572548.55             -71.416184              41.279030
                20              297517.00             4572266.46             -71.417638              41.276459
                21              297387.73             4571985.30             -71.419087              41.273896
                22              297387.72             4571985.28             -71.419087              41.273896
                23              297197.85             4571573.97             -71.421215              41.270147
                24              297006.74             4571159.97             -71.423357              41.266373
                25              297003.33             4571155.24             -71.423396              41.266330
                26              294240.98             4568561.35             -71.455469              41.242287
                27              291458.78             4565948.75             -71.487750              41.218063
----------------------------------------------------------------------------------------------------------------

    The following multiple use issues were identified through 
consultation with the Task Force:
    The Department of Defense (DoD) conducts offshore testing, 
training, and operations on the OCS. BOEM will consult with the DoD on 
all proposed ROW grant projects to ensure that projects are compatible 
with DoD activities on the OCS. The U.S. Navy operates the Narragansett 
Bay Operating Area which overlaps portions of the proposed ROW grant 
area. The Naval Undersea Warfare Center (NUWC) also uses a restricted 
area located adjacent to the proposed ROW grant area as a testing area. 
The restricted area begins within the northern precautionary area 
approach to Narragansett Bay and extends south, coinciding with the 
Traffic Separation Scheme (TSS) as indicated on NOAA nautical chart 
13218 (Martha's Vineyard to Block Island). The proposed ROW grant area 
does not cross the testing area. However, due to the close proximity of 
the proposed ROW grant area to the testing area and the Outbound 
Traffic Lane of the Narragansett Bay TSS, we welcome input concerning 
ways to coordinate cable installation and maintenance activities in the 
proposed ROW area in a manner that eliminates or reduces conflicts with 
NUWC testing and shipping in the vicinity to the extent that such 
conflicts exist.
    The Rhode Island Ocean Special Area Management Plan (SAMP) has 
identified portions of the proposed ROW grant area as important for 
commercial and recreational fishing activities, as well as important 
marine

[[Page 30554]]

fish habitat. Specifically, the SAMP identified the area as important 
for a range of commercial fishing activities, including scallop 
dredging, gillnetting, lobster trapping, bottom trawling and 
recreational activities. Specific information on fishery resources, 
fishing activities and important marine habitats can be found at: 
http://www.crmc.ri.gov/samp_ocean.html.
    There are several species of birds, marine mammals, sea turtles, 
and fish in the area off Rhode Island that are listed as threatened or 
endangered under the jurisdiction of the U.S. Fish and Wildlife Service 
or the NOAA National Marine Fisheries Service (NMFS). Such species may 
occur permanently or seasonally in the proposed ROW grant area. In 
addition to ESA-listed species, seabirds protected under the Migratory 
Bird Treaty Act and marine mammals protected under the Marine Mammal 
Protection Act may occur in the area. NMFS has not designated any ESA 
critical habitat within the proposed ROW grant area. Information on 
essential fish habitat and protected species within the proposed ROW 
grant area as designated under the Magnuson-Stevens Fishery 
Conservation and Management Act can be found at: http://www.nero.noaa.gov/hcd/and http://www.nero.noaa.gov/prot_res/.

Map of the Area

    A map of the area proposed for a ROW grant can be found at the 
following URL: http://www.boem.gov/Renewable-Energy-Program/State-Activities/Rhode-Island.aspx.
    A large scale map of the RFCI area showing boundaries of the area 
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) 787-1300, Fax: (703) 787-
1708.

Required Indication of Interest Information

    If you intend to submit an indication of competitive interest for a 
ROW grant for the area identified in this notice for the purposes of 
transmitting electricity supporting renewable energy, you must provide 
the following:
    (1) Documentation demonstrating that you are legally qualified to 
hold a ROW grant as set forth in 30 CFR 585.106-107. Guidance and 
examples of the 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 some 
part of your legal qualification documentation be kept confidential, 
clearly identify what should be kept confidential, and submit it under 
separate cover (see Protection of Privileged or Confidential 
Information Section, below).
    (2) Documentation demonstrating that you are technically and 
financially qualified to hold a lease as set forth in 30 CFR 585.106-
107, including documentation demonstrating that you are technically and 
financially capable of constructing, operating, maintaining, and 
decommissioning the facilities described in (4), below. Guidance 
regarding the documentation that you may submit to demonstrate your 
technical and financial qualifications can be found at: http://www.boemre.gov/offshore/RenewableEnergy/PDFs/QualificationGuidelines.pdf.
    (3) A statement that you wish to acquire a renewable energy ROW 
grant for the proposed grant area requested by Deepwater Wind for the 
BITS project and a description of how your proposal would interfere 
with, or suffer interference from, the BITS proposed project. Any 
request for a ROW grant located outside of the proposed grant area 
should be submitted separately pursuant to 30 CFR 585.305.
    (4) A description of your objectives, including:
     Devices and infrastructure involved (if your project would 
require the use of offshore platforms, please indicate where those 
platforms would be located);
     Anticipated capacity;
     How the project would support renewable energy; and
     A statement that the proposed activity conforms with state 
and local energy planning requirements, initiatives or guidance, as 
applicable.
    (5) A schedule of proposed activities, including those leading to 
commercial operations; and;
    (6) Available and pertinent data and information concerning 
environmental conditions in the area, including any energy and resource 
data and information used to evaluate the area. Where applicable, 
spatial information should be submitted in a format compatible with 
ArcGIS 9.3 in a geographic coordinate system (NAD 83).
    Your complete submission, including the items identified in (1) 
through (6) above, must be provided to BOEM in both paper and 
electronic formats. BOEM considers an Adobe PDF file stored on a 
compact disc (CD) to be an acceptable format for submitting an 
electronic copy.
    It is critical that you provide a complete submission of 
competitive interest so that BOEM may consider your submission in a 
timely manner. If BOEM reviews your submission and determines that it 
is incomplete, BOEM will inform you of this determination in writing 
and describe the information that BOEM wishes you to provide in order 
for BOEM to deem your submission complete. You will be given 15 
business days from the date of the letter to provide the information 
that BOEM found to be missing from your original submission. If you do 
not meet this deadline, or if BOEM determines your second submission is 
also insufficient, BOEM reserves the right to deem your submission 
invalid. In such a case, BOEM would not consider your submission.

Requested Information From Interested or Affected Parties

    BOEM is also requesting from the public and other interested or 
affected parties specific and detailed comments regarding the 
following:
    (1) Geological and geophysical conditions (including bottom and 
shallow hazards) in the area described in this notice;
    (2) Known archaeological, historic, and/or cultural resource sites 
on the seabed in the area described in this notice;
    (3) Multiple uses of the area described in this notice, including 
navigation (in particular, commercial and recreational vessel usage, 
and commercial and recreational fisheries);
    (4) Potential impacts to existing communication cables;
    (5) Department of Defense operational, training and testing 
activities (surface and subsurface) that occur in the area described in 
this notice that may be impacted by the proposed project;
    (6) Impacts to potential future uses of the area;
    (7) Advisable setback distance for other offshore structures, 
including other cables, renewable energy structures, oil and gas 
structures, etc.;
    (8) The potential risk posed by anchors or other factors, and 
burial depths that would be required to mitigate such risks;
    (9) Other relevant environmental and socioeconomic information.

[[Page 30555]]

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.
    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 geographic location of nominated facilities and 
the types of those facilities. Information that is not labeled as 
privileged or confidential will be regarded by BOEM as suitable for 
public release.

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: May 10, 2012.
Tommy P. Beaudreau,
Director, Bureau of Ocean Energy Management.
[FR Doc. 2012-12485 Filed 5-22-12; 8:45 am]
BILLING CODE 4310-MR-P