[Federal Register Volume 78, Number 146 (Tuesday, July 30, 2013)]
[Notices]
[Pages 45965-45968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18283]


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DEPARTMENT OF THE INTERIOR

Bureau of Ocean Energy Management

[Docket No. BOEM-2013-0020; MMAA104000]


Research Lease on the Outer Continental Shelf (OCS) Offshore 
Virginia, Request for Competitive Interest

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

ACTION: Public Notice of an Unsolicited Request for an OCS Research 
Lease; Request for Competitive Interest (RFCI); and Request for Public 
Comment.

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SUMMARY: The purpose of this public notice is to: (1) Describe the 
proposal submitted to BOEM by the Commonwealth of Virginia, Department 
of Mines, Minerals and Energy (DMME) to acquire an OCS lease for wind 
energy research activities; (2) solicit indications of interest in a 
renewable energy lease in the area identified by DMME for substantially 
similar wind energy activities; and (3) solicit public input regarding 
the proposal, its potential environmental consequences, and the use of 
the area in which the proposed project would be located.
    On February 13, 2013, BOEM received an unsolicited request for a 
research lease from DMME. The objective of DMME is to obtain a lease 
under 30 CFR 585.238 for renewable energy research activities, 
including wind turbine installation and operational testing and the 
installation of metocean monitoring equipment. The objective of the 
DMME proposal is to design, develop, and demonstrate a grid-connected 
12 megawatt (MW) offshore wind test facility on the OCS off the coast 
of Virginia.
    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 
(43 U.S.C. 1337(p)(3)), and the implementing regulations at 30 CFR Part 
585.

DATES: If you are submitting an indication of interest in acquiring a 
renewable energy lease for the area proposed by DMME, your submission 
must be sent by mail, postmarked no later than August 29, 2013 for your

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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 eRulemaking 
Portal at http://www.regulations.gov, also by this same date.
    Submission Procedures: If you are interested in obtaining a 
renewable energy lease for the area requested by DMME, you should 
submit detailed and specific information as described in the section 
entitled ``Required Indication of Interest Information.'' Please submit 
this material 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 August 
29, 2013 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 interest on the BOEM Web site after 
the 30-day comment period has closed.
    If you are submitting comments or other information concerning the 
proposed research lease area, you may use either of the following two 
methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. In the 
entry entitled, ``Enter Keyword or ID,'' enter BOEM-2013-020, 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 indication of 
interest or comment, clearly mark the relevant sections and request 
that BOEM treat them as confidential. Please label privileged or 
confidential information ``Contains Confidential Information'' and 
consider submitting such information as a separate attachment. 
Treatment of confidential information is addressed in the section of 
this notice entitled, ``Privileged or Confidential Information.'' BOEM 
will post all comments on the Federal eRulemaking Portal at http://www.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: Mr. Casey Reeves, Renewable Energy 
Program Specialist, BOEM, Office of Renewable Energy Programs, 381 
Elden Street, HM-1328, Herndon, Virginia 20170; phone (703) 787-1320.

SUPPLEMENTARY INFORMATION: 

Purpose of the RFCI

    Responses to this public notice will allow BOEM to determine, 
pursuant to subsection 8(p)(3) of the OCS Lands Act, whether or not 
there is competitive interest in acquiring an OCS renewable energy 
lease in the area requested by DMME. If BOEM receives no competing 
indications of interest for a lease in response to this notice, BOEM 
may decide to move forward with the research leasing process using the 
procedures described in 30 CFR 585.238(d).
    This notice also provides an opportunity for interested 
stakeholders to comment on the proposed project and its potential 
impacts. BOEM will consider all comments received when deciding whether 
and how to move forward with the research leasing process.

DMME's Proposed Research Activities

    DMME's proposed research activities are described in their 
unsolicited request for a research lease, which is available at the 
following URL: http://www.boem.gov/Renewable-Energy-Program/State-Activities/Virginia.aspx.

Description of the Proposed Research Lease Area

    The proposed research lease area consists of six OCS sub-blocks (an 
OCS sub-block is 1,200 meters by 1,200 meters in area). The following 
table describes the OCS sub-blocks that comprise the proposed research 
lease area.

------------------------------------------------------------------------
                                                          Block     Sub
         Protraction name             Protraction No.      No.     bock
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Currituck Sound...................  NJ18-11............     6061   H,L,P
Currituck Sound...................  NJ18-11............     6111   D,H,L
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Map of the Area

    A map of the area proposed by DMME and included in this RFCI can be 
found at the following URL: http://www.boem.gov/Renewable-Energy-Program/State-Activities/Virginia.aspx. A large scale map of the RFCI 
area showing boundaries of the area with the 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.
    The six sub-blocks requested by DMME are located immediately 
adjacent to the western edge of the Virginia Wind Energy Area (WEA). 
The Virginia WEA, which consists of more than 19 full OCS blocks, will 
be offered for sale in lease sale Atlantic Wind One (ATLW1), as 
described in the following section.

Relationship of the DMME Proposal to the Virginia WEA

    On July 23, 2013, BOEM published a Final Sale Notice (FSN) in the 
Federal Register, announcing the sale of a commercial wind lease on the 
OCS offshore Virginia (78 FR 44150-44156).
    The area identified for potential commercial wind leasing in the 
PSN was delineated through consultation with the BOEM's Virginia 
Intergovernmental Task Force and is intended to balance the protection 
of environmentally sensitive areas and minimize space-use conflicts 
while maximizing the area available for commercial offshore wind 
development. The development of the WEA began in December 2009 and the 
WEA has been refined since that time, resulting in a area that avoids 
sensitive ecological areas offshore the barrier islands, takes 
advantage of Class 6 wind speeds, minimizes maritime traffic risk, 
avoids military operating and warning areas, and avoids a launch 
fallout area east of the NASA Goddard Space Flight Center's Wallops 
Flight Facility.
    The delineation of the VA WEA was also informed by input received 
from stakeholders who commented on the July 12, 2011, Notice of 
Availability (NOA) of the draft Environmental Assessment (EA) (76 FR 
40926). Among the comments received on the draft EA was a letter dated 
August 22, 2011, from the American Waterways Operators (AWO), a 
national trade association for the tugboat, towboat and barge industry. 
The comment requested that BOEM refrain from leasing OCS Blocks 6011, 
6061, 6111, 6161, 6110, and 6160, suggesting that not leasing these 
blocks would ``preserve an area currently used by [AWO] members during 
inclement weather.'' Based on this concern and on an analysis of ship 
traffic data for larger vessels that transit the area, as well as an 
assessment conducted by the U.S. Coast Guard, BOEM removed these OCS 
blocks from consideration for commercial wind leasing prior to the 
publication of the Virginia Call for Information and Nominations (77 FR 
5545).
    In light of the concerns expressed by AWO, at this time BOEM is not

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considering moving forward with leasing for any wind proposals larger 
in scale than DMME's proposed project or outside of the area proposed 
by DMME. It does not appear that the proposed lease activity described 
in this notice would impair navigational safety. However, authorizing a 
wind project within OCS Blocks 6011, 6061, 6111, 6161, 6110, and 6160 
larger in scale than DMME's proposed project could cause an 
unacceptable level of obstruction to vessel traffic. Accordingly, BOEM 
will not consider indication of interest larger in scale than the 
project proposed by DMME.

Relationship of the DMME Proposal to the Atlantic Grid Holdings LLC's 
ROW Grant Request

    On March 31, 2011, Atlantic Grid Holdings LLC submitted an 
unsolicited application for a ROW grant, for a buried offshore 
electrical transmission cable and infrastructure. A segment of the 
proposed cable project that is intended to support commercial 
development in the Virginia WEA also occupies the project area proposed 
by DMME. Following publication of a notice to determine competitive 
interest in the project, BOEM published its determination of no 
competitive interest on May 15, 2012, (77 FR 28620). The application 
and associated notices can be found at: http://www.boem.gov/Renewable-Energy-Program/State-Activities/Regional-Proposals.aspx.

Required Indication of Interest Information

    If you intend to submit an indication of interest for a renewable 
energy lease for the area identified in this notice you must provide 
the following:
    (1) A statement that you wish to acquire an offshore wind lease 
within the proposed lease area. For BOEM to consider your indication of 
interest, it must include a proposal for the installation of no more 
than two WTGs, and may include a proposal for the installation of one 
or more metocean facilities. Any interest in an area located outside of 
the proposed research lease area should be submitted separately 
pursuant to 30 CFR 585.238;
    (2) A general description of your objectives and the facilities 
that you would use to achieve those objectives;
    (3) A general schedule of proposed activities;
    (4) Available and pertinent data and information concerning 
renewable energy resources and environmental conditions in the area 
that you wish to lease, including energy and resource data and 
information used to evaluate the area of interest. Where applicable, 
spatial information should be submitted in a format compatible with 
ArcGIS 9.3 in a geographic coordinate system (NAD 83);
    (5) Documentation demonstrating that you are legally qualified to 
hold a renewable energy lease as set forth in 30 CFR 585.106 and 107. 
Examples of the documentation appropriate for demonstrating your legal 
qualifications and related guidance can be found in Chapter 2 and 
Appendix B of the Guidelines for the Minerals Management Service 
Renewable Energy Framework available at: http://www.boem.gov/Renewable-Energy-Program/Regulatory-Information/Index.aspx. 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 separate cover (see 
``Protection of Privileged or Confidential Information Section,'' 
below); and
    (6) Documentation demonstrating that you are technically and 
financially capable of constructing, operating, maintaining and 
decommissioning the facilities described in your submission. Guidance 
regarding the required documentation to demonstrate your technical and 
financial qualifications can be found at: http://www.boem.gov/Renewable-Energy-Program/Regulatory-Information/Index.aspx.
    It is critical that you provide a complete submission of 
competitive interest, including the items identified in (1) through 
(6), 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 may 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 vessel usage, recreation, 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; and
    (9) Other relevant environmental and socioeconomic 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.
    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; or (2) the geographic location of 
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.

[[Page 45968]]

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

    BOEM is required, after consultation with the Secretary of the 
Interior, to withhold the location, character, or ownership of historic 
resources, if it determines that disclosure may, among other things, 
cause a significant invasion of privacy, risk harm to the historic 
resources or impede the use of a traditional religious site by 
practitioners. Tribal entities and other interested parties should 
designate information that they wish to be held as `confidential.'

    Dated: July 24, 2013.
Tommy P. Beaudreau,
Director, Bureau of Ocean Energy Management.
[FR Doc. 2013-18283 Filed 7-29-13; 8:45 am]
BILLING CODE 4310-MR-P