[Federal Register Volume 84, Number 118 (Wednesday, June 19, 2019)]
[Notices]
[Pages 28582-28587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12962]
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DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
[Docket No. BOEM-2018-0067]
Commercial Renewable Energy Transmission on the Outer Continental
Shelf Offshore New York and New Jersey; Notice of Proposed Grant Area
and Request for Competitive Interest
AGENCY: Bureau of Ocean Energy Management, Interior.
ACTION: Public notice.
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SUMMARY: The purpose of this public notice is to: Describe the New York
and New Jersey Ocean Grid proposed by Anbaric Development Partners, LLC
(ADP); determine if there is competitive interest in a right-of-way
(ROW) grant for renewable energy purposes in the area identified in
this notice; and solicit public input regarding the proposal, its
potential environmental consequences, and other uses of the area in
which the proposal would be located.
DATES: If you are submitting an indication of interest in acquiring a
ROW grant for the area ADP requested, your submission must be sent by
mail, postmarked no later than July 19, 2019 for your submission to be
considered. If you are providing comments or other 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.
ADDRESSES: 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,
45600 Woodland Road, Mailstop: VAM-OREP, Sterling, VA 20166.
Submissions must be postmarked by July 19, 2019 to be considered by
BOEM in determining whether there is competitive interest. In addition
to a paper copy of your submission, include an electronic copy on a
compact disc or portable storage device. BOEM will list the parties
that submit indications of competitive interest in the area ADP
requested on the BOEM website 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 entitled, ``Enter Keyword or ID,'' enter BOEM-2018-0067 and then
click ``search.'' Follow the instructions to
[[Page 28583]]
submit public comments and view supporting and related materials
available for this notice.
2. Alternatively, you may submit comments by mail to the following
address: Bureau of Ocean Energy Management, Office of Renewable Energy
Programs, 45600 Woodland Road, Mailstop: VAM-OREP, Sterling, VA 20166.
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: Casey Reeves, Project Coordinator,
BOEM, Office of Renewable Energy Programs, 45600 Woodland Road,
Mailstop: VAM-OREP, Sterling, VA 20166, (703) 787-1671.
SUPPLEMENTARY INFORMATION: On April 30, 2018, the Bureau of Ocean
Energy Management (BOEM) received an application from ADP, later
revised on June 22, 2018, for a ROW grant on the Outer Continental
Shelf (OCS) offshore New York and New Jersey. ADP's proposed project,
the New York and New Jersey Ocean Grid (NY/NJ Ocean Grid), would entail
the construction, installation, and operation of an offshore
transmission system of approximately 185 nautical miles of submarine
cable on the OCS and approximately 118 nautical miles of submarine
cable on State submerged lands to deliver offshore wind energy
generation to the onshore electric grid. The NY/NJ Ocean Grid also
includes the siting of several offshore collector platforms (OCPs),
each connected to one or more high voltage submarine cables to onshore
points of interconnection. Each proposed OCP would be designed to
handle 800 to 1,200 MW of offshore wind energy generation with the
ability to connect multiple offshore wind projects and accommodate
phased development within BOEM's designated Wind Energy Areas (WEAs).
BOEM is publishing this Request for Competitive Interest (RFCI)
pursuant to subsection 8(p)(3) of the OCS Lands Act (43 U.S.C.
1337(p)(3)) and 30 CFR 585.306-307. Subsection 8(p)(3) of the OCS Lands
Act requires that OCS renewable energy leases, easements, and ROWs 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.'' The regulations at 30 CFR 585.306-307 set forth
BOEM's procedures for making such determinations for ROW grants. This
RFCI provides public notice of the proposed ROW grant area that ADP
requested, 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 ADP
requested, as required by 43 U.S.C. 1337(p)(3). Parties wishing to
obtain a grant for the area that ADP requested should submit detailed
and specific information, as described in the section entitled,
``Required Indication of Interest Information.'' This announcement also
requests interested and affected parties to 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. BOEM has described the type of information that
it is requesting in the section entitled, ``Requested Information from
Interested or Affected Parties.''
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 grant area ADP requested, as described in
this notice. In addition, this notice provides an opportunity for
interested stakeholders to provide comments on the ADP ROW request,
including information relating to potential environmental consequences
from the proposed project on existing geological, geophysical, and
biological (habitat and species) conditions, as well as any potential
impacts to existing ocean users (e.g., fishing industry and mariners)
in the area described in this notice. If, in response to this notice,
BOEM receives one or more indications of competitive interest from
qualified entities that wish to transmit renewable energy in the
proposed ADP ROW grant area, it may decide to move forward with the ROW
grant issuance process using competitive procedures pursuant to 30 CFR
585.308. 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 585.309.
Background
Statutory Authorization
Under OCSLA subsection 8(p)(1)(C), the Secretary of the Interior
(the Secretary) may issue leases or ROWs for activities that produce or
support production, transportation, or transmission of energy from
sources other than oil or gas, including renewable energy sources.
Section 8(p) also requires the Secretary to issue any necessary
regulations to carry out this authority. Regulations were issued for
this purpose on April 29, 2009, and are codified in BOEM regulations at
30 CFR part 585. The Secretary has delegated the authority to issue
leases, easements, and ROWs to the Director of BOEM.
Determination of Competitive Interest and Granting Process
BOEM will evaluate indications of competitive interest in the ROW
grant area ADP requested to install cables for the transmission of
renewable 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 to ensure that they are complete and that the submitters are
qualified to hold a ROW grant under 30 CFR 585.106 and 107, and then
will make its competitiveness determination.
BOEM may find that competitive interest exists if it receives a
proposal to acquire an OCS ROW grant that cannot coexist with ADP's
proposed activities within its requested grant corridor. In rendering
its determination regarding competitive interest, BOEM will analyze
whether the proposal by ADP would prevent a known competitor's
subsequent, or parallel, use of the area for renewable energy
transmission. 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 rights BOEM
grants in the area of a previously issued ROW grant do not unreasonably
interfere with activities approved under the previously-issued ROW
grant. Consequently, if you have an interest in obtaining a commercial
lease for generating offshore wind energy in the area of ADP's ROW
grant request, it is not necessary to submit indications of interest in
response to this notice to protect your interest in obtaining a lease.
This is because BOEM could issue a lease for generating offshore wind
[[Page 28584]]
energy in the same area as the ROW, so long as the lease activities do
not unreasonably interfere with BOEM-approved activities on the ROW
grant.
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). If BOEM issues a ROW grant to ADP, ADP
would need to conduct any construction activities on the ROW pursuant
to a BOEM-approved General Activities Plan (GAP) pursuant to 30 CFR
585.600(c).
Whether BOEM proceeds with the competitive or noncompetitive grant
process, it will consult and coordinate with relevant Federal agencies,
affected tribes, and affected state and local governments in issuing a
grant; developing grant terms and conditions; and deciding whether to
approve, disapprove, or approve with modifications any activities
proposed in a GAP.
Environmental Review and Permitting Process
Prior to issuing any ROW grant or authorizing any construction
activities on that ROW grant, BOEM would conduct a site-specific
environmental review under the National Environmental Policy Act,
during which it would act as the lead agency, coordinate with
cooperating or consulting Federal agencies, and provide additional
opportunities for public comment. BOEM would also participate in
associated consultations under the Coastal Zone Management Act, the
Endangered Species Act (ESA), the Magnuson-Stevens Fishery Conservation
and Management Act, the National Historic Preservation Act (NHPA),
Executive Order 13175, and other laws, regulations, and authorities
determined necessary throughout the process.
Description of the Grant Request
The area for which ADP has requested a ROW grant is located on the
OCS off the coasts of New York and New Jersey. A ROW grant corridor, in
which a cable, pipeline, or associated facility is located, is
generally 200 feet in width centered on the cable and includes areas
for the associated facilities limited to the area reasonably necessary
for the OCP's or other necessary accessory facilities (30 CFR 585.301).
The requested grant corridor crosses portions of the following OCS
blocks:
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Protraction No. Lease block Protraction No. Lease block
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NK18-12........................................ 6457 NJ18-03 6001
NK18-12........................................ 6458 NJ18-03 6002
NK18-11........................................ 6540 NJ18-03 6003
NK18-12........................................ 6501 NJ18-03 6004
NK18-12........................................ 6505 NJ18-03 6053
NK18-12........................................ 6506 NJ18-03 6054
NK18-12........................................ 6507 NJ18-03 6055
NK18-12........................................ 6508 NJ18-03 6104
NK18-12........................................ 6509 NJ18-03 6105
NK18-12........................................ 6551 NJ18-03 6152
NK18-12........................................ 6552 NJ18-03 6153
NK18-12........................................ 6555 NJ18-03 6154
NK18-12........................................ 6558 NJ18-03 6155
NK18-12........................................ 6559 NJ18-02 6240
NK18-12........................................ 6560 NJ18-03 6201
NK18-12........................................ 6561 NJ18-03 6202
NK18-12........................................ 6562 NJ18-03 6203
NK18-12........................................ 6601 NJ18-02 6289
NK18-12........................................ 6602 NJ18-02 6290
NK18-12........................................ 6604 NJ18-03 6251
NK18-12........................................ 6605 NJ18-02 6338
NK18-12........................................ 6610 NJ18-02 6339
NK18-12........................................ 6611 NJ18-02 6340
NK18-12........................................ 6612 NJ18-02 6387
NK18-12........................................ 6652 NJ18-02 6388
NK18-12........................................ 6653 NJ18-02 6389
NK18-12........................................ 6654 NJ18-02 6437
NK18-12........................................ 6661 NJ18-02 6438
NK18-12........................................ 6662 NJ18-02 6487
NK18-12........................................ 6702 NJ18-02 7078
NK18-12........................................ 6703 NJ18-02 7079
NK18-12........................................ 6704 NJ18-02 7128
NK18-12........................................ 6711 NJ18-02 7129
NK18-12........................................ 6712 NJ18-05 6028
NK18-12........................................ 6713 NJ18-05 6029
NK18-12........................................ 6714 NJ18-05 6078
NK18-12........................................ 6715 NJ18-05 6079
NK18-12........................................ 6752 NJ18-02 6831
NK18-12........................................ 6753 NJ18-02 6832
NK18-12........................................ 6754 NJ18-02 6833
NK18-12........................................ 6764 NJ18-02 6881
NK18-12........................................ 6765 NJ18-02 6882
NK18-12........................................ 6802 NJ18-02 6930
NK18-12........................................ 6803 NJ18-02 6931
NK18-12........................................ 6804 NJ18-02 6979
NK18-12........................................ 6851 NJ18-02 6980
[[Page 28585]]
NK18-12........................................ 6852 NJ18-02 6981
NK18-12........................................ 6853 NJ18-02 7029
NK18-12........................................ 6854 NJ18-02 7030
NK18-11........................................ 6939 NJ18-02 6537
NK18-11........................................ 6940 NJ18-02 6538
NK18-12........................................ 6901 NJ18-02 6585
NK18-12........................................ 6902 NJ18-02 6586
NK18-11........................................ 6989 NJ18-02 6587
NK18-11........................................ 6990 NJ18-02 6635
NK18-12........................................ 6951 NJ18-02 6636
NK18-11........................................ 7039 NJ18-02 6684
NK18-11........................................ 7040 NJ18-02 6685
NK18-11........................................ 7089 NJ18-02 6686
NK18-11........................................ 7090 NJ18-02 6733
NK18-12........................................ 7051 NJ18-02 6734
NK18-11........................................ 7140 NJ18-02 6735
NK18-12........................................ 7101 NJ18-02 6781
NK18-12........................................ 7102 NJ18-02 6782
NK18-12........................................ 7103 NJ18-02 6783
.............. NJ18-02 6784
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BOEM requests public comments and indications of competitive
interest in the ROW grant area identified by this notice. The
centerline of the eventual ROW grant may be adjusted based on the
results of future surveys or new information obtained from stakeholder
outreach and public comments, but the proposed project, if approved, is
expected to occur within the listed lease blocks.
Map of the Area
You can find a map of the area proposed for a ROW grant at the
following URL: https://www.boem.gov/Renewable-Energy-Program/State-Activities/Regional-Proposals.aspx. A large-scale map of the RFCI area
showing boundaries of the area is available from BOEM upon request to
the contact listed in the FOR FURTHER INFORMATION CONTACT section
above.
Multiple Use Considerations
BOEM has identified the following multiple use issues through early
coordination and outreach efforts:
Department of Defense
The Department of Defense (DoD) conducts offshore testing,
training, and operations on the Atlantic above the OCS. BOEM would
consult with the DoD on any activities proposed on the requested ROW
grant to ensure that they are compatible with DoD activities on the
Atlantic above the OCS.
Shipping Traffic
Shipping traffic occurs within the vicinity of the requested ROW
grant. BOEM will coordinate with the United States Coast Guard to avoid
or minimize potential conflicts.
Protected Resources
Several species of birds, marine mammals, sea turtles, and fish
listed as threatened or endangered under the ESA may occur permanently
or seasonally in the proposed ROW grant area. Protection of such
species falls within the jurisdiction of the United States Fish and
Wildlife Service (FWS) or the NOAA National Marine Fisheries Service
(NMFS). The proposed route would cross North Atlantic right whale
habitat and would therefore likely require consultation with NMFS to
ensure adequate protection through mitigation measures. In addition to
ESA-listed species, the area likely contains, seasonally or
permanently, seabirds protected under the Migratory Bird Treaty Act and
marine mammals protected under the Marine Mammal Protection Act. BOEM
will coordinate with the FWS and NMFS to avoid, mitigate, and/or
minimize potential impacts to the resources under their jurisdiction.
Existing Infrastructure
The proposed ROW grant crosses international fiber optic
telecommunications cable. In order to construct its proposed project,
ADP is expected to establish crossing agreements with their owners and
ensure that installation activities do not cause any disruption to
service, maintenance, or decommissioning, or otherwise damage those
pipelines and cables identified by the affected parties.
Fisheries and Essential Fish Habitat
Portions of the area identified are used by the commercial and
recreational fishing industry, and NMFS has designated essential fish
habitat (EFH) in much of the area. Consultations with NMFS may be
required to identify measures to avoid and minimize impacts on EFH
during the siting and installation phases of development.
Required Indication of Competitive 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 purpose of
transmitting electricity generated from a renewable source, you must
provide the following:
(1) Documentation demonstrating that you are legally qualified to
hold a lease or grant in accordance with the requirements of 30 CFR
585.106 and 585.107(c). Examples of the documentation appropriate for
demonstrating your legal qualifications and related guidance can be
found in Chapter 2 and Appendix B of the BOEM Renewable Energy
Framework Guide Book available at: http://www.boem.gov/REnGuidebook03/.
The documents you provide to demonstrate your qualifications to hold a
lease or grant will be placed in a file kept by BOEM 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).
(2) Documentation demonstrating that you are technically and
financially capable of constructing, operating, maintaining, and
decommissioning the facilities described in (4) below in accordance
with the requirements of 30 CFR 585.107(a). Guidance regarding the
documentation required to demonstrate
[[Page 28586]]
your technical and financial qualifications can be found at: http://www.boem.gov/Renewable-Energy-Program/Regulatory-Information/QualificationGuidelines-pdf.aspx. Any 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 on a storage media device to be an acceptable format
for an electronic copy.
(3) A statement that you wish to acquire a renewable energy ROW
grant for the proposed grant corridor ADP requested for the NY/NJ Ocean
Grid project, and a description of how your proposal would interfere
with, or suffer interference from, the proposed project. You should
submit any request for a ROW grant that does not conflict with the
proposed grant corridor 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 bottom-founded structures such as booster stations,
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
applicable state and local energy planning requirements, initiatives,
or guidance.
(5) A schedule of proposed activities, including those leading to
commercial operations.
(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.
Further guidance for the qualifications process and requirements is
available at: http://www.boem.gov/Renewable-Energy-Program/Regulatory-Information/QualificationGuidelines-pdf.aspx. 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) or portable storage
device to be an acceptable format for submitting an electronic copy.
Where applicable, you should submit spatial information in a format
compatible with ArcGIS in a geographic coordinate system (NAD 83).
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 and describe
the information necessary in order for BOEM to deem your submission
complete. If BOEM determines your second submission is also
insufficient or that it has not received the requested information by a
date BOEM specified, we reserve 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 specific and detailed comments from
interested or affected parties regarding the following:
(1) The current and future need for a regional transmission system
in the proposed area, including utility, available grid connections,
economics, efficiency or other relevant metrics.
(2) Whether BOEM should develop a broader strategic approach for
regional transmission cables in which BOEM considers limits on the
number and location of future ROW grants or, alternatively, processes
unsolicited ROW grant requests on a case-by-case basis as it receives
them from industry.
(3) Conditions to make such a network compatible with offshore wind
projects.
(4) Offshore wind project developer interest in use of regional
transmission networks on the OCS.
(5) Geological and geophysical conditions (including bottom and
shallow hazards) in the area described in this notice.
(6) Known archaeological, historic or cultural resource sites on
the seabed in the area described in this notice.
(7) Multiple uses of the area described in this notice, including
navigation (in particular, commercial and recreational vessel usage)
and commercial and recreational fisheries.
(8) Potential impacts to existing communication cables.
(9) DoD operational, training, and testing activities (surface and
subsurface) in the area described in this notice that may be impacted
by the proposed project.
(10) Potential future uses of the area.
(11) Advisable setback distance for other offshore structures,
including other cables, and renewable energy structures.
(12) The potential risk to the proposed offshore transmission cable
posed by anchors or other hazards, and burial depths that would be
required to mitigate such risks.
(13) Relevant environmental and socioeconomic information.
Protection of Privileged or Confidential Information
Freedom of Information Act
BOEM will not disclose privileged or confidential information that
you submit if it qualifies for Freedom of Information Act (FOIA)
exemption for trade secrets and commercial or financial information,
provided that you clearly label the submission with ``Contains
Confidential Information'' and request that BOEM treat it as
confidential. Please consider submitting such information as a separate
attachment.
BOEM will not treat as confidential any aggregate summaries of such
information or comments not containing such confidential or privileged
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.
Personal Identifying Information
BOEM does not consider anonymous comments; please include your name
and address as part of your submittal. You should be aware that your
entire comment, including your name, address, and your personal
identifying information, may be made publicly available at any time.
All submissions from identified individuals, businesses and
organizations will be available for public viewing on regulations.gov.
In order for BOEM to withhold from disclosure your personal identifying
information, you must identify any information contained in the
submittal of your comments that, if released, would constitute a
clearly unwarranted invasion of your personal privacy. You must also
briefly describe any possible harmful consequences of the disclosure of
information, such as embarrassment, injury or other harm.
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 as confidential
information
[[Page 28587]]
that falls under Section 304 of the NHPA.
Walter D. Cruickshank,
Acting Director, Bureau of Ocean Energy Management.
[FR Doc. 2019-12962 Filed 6-18-19; 8:45 am]
BILLING CODE 4310-MR-P