[Federal Register Volume 84, Number 207 (Friday, October 25, 2019)]
[Notices]
[Pages 57471-57472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23248]


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DEPARTMENT OF THE INTERIOR

Bureau of Ocean Energy Management

[Docket No. BOEM-0071]


Guidelines for Providing Information on Lighting and Marking of 
Structures Supporting Renewable Energy Development

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

ACTION: Notice of availability of Draft Proposed Guidelines for 
Providing Information on Lighting and Marking of Structures Supporting 
Renewable Energy Development.

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SUMMARY: BOEM's Office of Renewable Energy Programs (OREP) is making 
available for public review its Draft Proposed Guidelines for Providing 
Information on Lighting and Marking of Structures Supporting Renewable 
Energy Development on the Outer Continental Shelf (OCS) and is inviting 
public comment on how they might be improved. The guidelines may be 
accessed at https://www.boem.gov/National-and-Regional-Guidelines-for-Renewable-Energy-Activities/.

DATES: Stakeholders and interested parties may submit comments 
electronically or by regular mail, postmarked no later than November 
25, 2019. OREP is also offering a web-based presentation on this 
subject on November 20, 2019, which may be accessed at http://www.boem.gov/Regulatory-Framework.

ADDRESSES: Comments should be submitted in one of the two following 
ways:
    1. Electronically: http://www.regulations.gov. In the entry 
entitled, ``Enter Keyword or ID,'' search for BOEM-2019-0071. Follow 
the instructions to submit public comments in response to this 
document.
    2. Written Comments: Mail to: Bureau of Ocean Energy Management, 
Office of Renewable Energy Programs, 45600 Woodland Road, VAM-OREP, 
Sterling, Virginia 20166. Please include your name, return address, and 
phone number or email address, so we can contact you if we have 
questions regarding your submission.
    Public Availability of Comments: Before including your address, 
phone number, email address, or other personally identifiable 
information in your comment, you should be aware that your entire 
comment--including your personally identifiable information--may be 
made publicly available at any time. In order for BOEM to withhold from 
disclosure your personally identifiable 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. While you can ask us in your comment to withhold 
your personally identifiable information from public review, we cannot 
guarantee that we will be able to do so.

FOR FURTHER INFORMATION CONTACT: Angel McCoy, [email protected], or 
by mail at: Bureau of Ocean Energy Management, Office of Renewable 
Energy Programs, 45600 Woodland Road, VAM-OREP, Sterling, Virginia 
20166, (703) 787-1758.

SUPPLEMENTARY INFORMATION: 
    Authority: This notice is published pursuant to subsection 8(p) of 
the OCS Lands Act (43 U.S.C. 1337(p)), added by Section 388 of the 
Energy Policy Act of 2005, and the implementing regulations at 30 CFR 
585.116. This regulatory provision states that the Director, ``may . . 
. solicit information from industry and other relevant stakeholders 
(including state and local agencies), as necessary, to evaluate the 
state of the offshore renewable energy industry, including the 
identification of potential challenges or obstacles to its continued 
development.''
    Purpose: BOEM is seeking public comment on its Draft Proposed 
Guidelines for Providing Information on Lighting and Marking of 
Structures Supporting Renewable Energy Development on the OCS. In 
particular, BOEM is seeking comment on whether these draft proposed 
guidelines set forth appropriate recommendation and/or are necessary 
given applicable international standards and practices.
    The BOEM Office of Renewable Energy Programs (OREP) drafted these 
guidelines based upon studies and consultations with the Federal 
Aviation Administration (FAA) and United States Coast Guard (USCG). In 
response to stakeholder comments and concerns, BOEM convened a working 
group of Federal agencies with interests in lighting, including the 
FAA, USCG, Department of Defense (DoD), National Park Service, United 
States Fish and Wildlife Service, and the Bureau of Safety and 
Environmental Enforcement. The working group noted the absence of FAA 
regulations or guidance regarding the use of lighting for offshore wind 
turbines beyond the United States Territorial Sea, 12 nm (22.2 km) 
offshore.
    In addition, BOEM funded the study Development of Guidance for 
Lighting of Offshore Wind Turbines Beyond 12 Nautical Miles (BOEM OCS 
Study 2016-002, https://www.boem.gov/offshore-lighting-guidance/). The 
study analyzed FAA guidance (Advisory Circular AC 70/7460-1, Chapter 
13) and identified best management practices related to aviation safety 
while addressing environmental concerns identified in BOEM OCS Study 
2013-0116. This guidance incorporates conclusions of the 2016 study and 
recommendations from the working group.

[[Page 57472]]

    These draft proposed guidelines contain recommendations for 
industry to follow and also summarize the relevant FAA and USCG 
regulatory requirements on lighting and marking design for wind energy 
facilities on Federal renewable energy leases on the OCS. The draft 
proposed guidelines outline the types of information that BOEM requests 
from lessees as part of their Site Assessment Plan (SAP), Construction 
and Operations Plan (COP), or General Activities Plan (GAP), as 
applicable. BOEM's goal is to ensure that the lighting and marking of 
offshore wind energy facilities:
     Are safe;
     do not unreasonably interfere with other uses of the OCS;
     do not cause undue harm or damage to natural resources; 
life (including human and wildlife); property; the marine, coastal, or 
human environment; or sites, structures, or objects of historical or 
archaeological significance;
     use best available and safest technology; and
     use best management practices.
    These recommendations are offered to assist lessees in 
demonstrating that their SAPs, COPs or GAPs adequately address the 
concerns enumerated above. This draft proposed guidance is not intended 
to set information or data standards or prescribe additional regulatory 
requirements. Even under the draft proposed guidance, lessees would 
remain free to propose alternative design parameters to provide for 
aviation safety, avoid harm to wildlife, avoid interference with other 
users, and/or further other criteria for plan approval.
    For more information about BOEM's renewable energy program, please 
visit: http://www.boem.gov/Renewable-Energy/.
    Protection of Privileged or Confidential Information: 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, except as required by 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 may not treat as confidential the legal 
title of the commenting entity (e.g., the name of your company). 
Information that is not labeled as privileged or confidential will be 
regarded by BOEM as suitable for public release.

    Dated: October 21, 2019.
Walter D. Cruickshank,
Acting Director, Bureau of Ocean Energy Management.
[FR Doc. 2019-23248 Filed 10-24-19; 8:45 am]
 BILLING CODE 4310-MR-P