[Federal Register Volume 87, Number 160 (Friday, August 19, 2022)]
[Notices]
[Pages 51129-51133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17921]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Ocean Energy Management

[Docket No. BOEM-2022-0040]


Request for Interest (RFI) in Commercial Leasing for Wind Energy 
Development on the Gulf of Maine Outer Continental Shelf (OCS)

AGENCY: Bureau of Ocean Energy Management, Interior.

ACTION: Request for interest and comments.

-----------------------------------------------------------------------

SUMMARY: The Bureau of Ocean Energy Management (BOEM) issues this RFI 
to assess interest in, and to invite public comment on, possible 
commercial wind energy leasing on the Gulf of Maine OCS. BOEM will 
consider information received in response to this RFI to determine 
whether to schedule a competitive lease sale or to issue a 
noncompetitive lease for any portion of the area described in this RFI 
(RFI Area). Those interested in leasing within the RFI Area for a 
commercial wind energy project should provide detailed and specific 
information described in the section of this RFI entitled ``Required 
Information for Indication of Commercial Interest.'' BOEM also invites 
all interested and potentially affected parties to comment and provide 
information--including information on environmental issues and 
concerns--that may be useful in the consideration of the RFI Area for 
commercial wind energy leases. Developers and those interested in 
providing public comments and information regarding site conditions, 
resources, and multiple uses in close proximity to, or within, the RFI 
Area should provide information requested in the section of this RFI 
entitled ``Requested Information from Interested or Affected Parties.'' 
BOEM will process the information received in response to this RFI to 
determine if there is competitive interest to develop renewable energy 
on the OCS, understand ocean uses, identify conflicts, and deconflict, 
as appropriate. See the section of this RFI entitled ``BOEM's Planning 
and Leasing Process.''

DATES: Submissions indicating your interest in or providing comments on 
commercial leasing within the RFI Area must be received no later than 
October 3, 2022. BOEM may not consider late submissions.

ADDRESSES: Please submit indications of interest electronically via 
email to [email protected] or hard copy by mail to the following 
address: Zachary Jylkka, Bureau of Ocean Energy Management, Office of 
Renewable Energy Programs, 45600 Woodland Road, Mailstop: VAM-OREP, 
Sterling, VA 20166. If you elect to mail a hard copy, also include an 
electronic copy on a portable storage device. BOEM will list the 
parties that submit indications of competitive interest within the RFI 
Area on the BOEM website after it has reviewed the qualification 
documents of each entity indicating interest.
    Please submit comments and other information as listed in the 
section entitled ``Requested Information from Interested or Affected 
Parties'' by either of the following two methods:

    1. Federal eRulemaking Portal: http://www.regulations.gov. In 
the entry entitled, ``Enter Keyword or ID,'' enter BOEM-2022-0040 
and then click ``search.'' Follow the instructions to submit public 
comments and view supporting and related materials available for 
this notice.
    2. 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.

    Treatment of confidential information is addressed in the section 
of this notice entitled, ``Protection of Privileged, Personal, or 
Confidential Information.'' BOEM will post all comments on 
regulations.gov unless labeled as confidential.

FOR FURTHER INFORMATION CONTACT: Zachary Jylkka, BOEM Office of 
Renewable Energy Programs, 45600 Woodland Road, VAM-OREP, Sterling, 
Virginia 20166, (978) 491-7732, or [email protected].

SUPPLEMENTARY INFORMATION:

1. Authority

    This RFI is published under subsection 8(p)(3) of the Outer 
Continental Shelf Lands Act (OCSLA), 43 U.S.C. 1337(p)(3), as well as 
the implementing regulations at 30 CFR 585.210.

2. Purpose

    Subsection 8(p)(3) of OCSLA requires BOEM to offer leases 
competitively, unless BOEM determines that there is no competitive 
interest. This RFI is a preliminary step to assist BOEM in determining 
potential interest in offshore wind energy development in the RFI Area. 
If, following this RFI, BOEM determines that there is competitive 
interest in any portion of the RFI Area, BOEM may proceed with the 
competitive leasing process under 30 CFR 585.211 through 585.225. If, 
following this RFI, BOEM determines that there is no competitive 
interest in the RFI Area, BOEM may proceed with the noncompetitive 
leasing process under 30 CFR 585.232. Whether any leasing process is 
competitive or noncompetitive, BOEM will provide opportunities for the 
public to provide input.
    Additionally, as part of any leasing process, BOEM will conduct a 
thorough environmental review and requisite consultations with 
appropriate Federal agencies, federally recognized Tribes, State and 
local governments, and other interested parties, which will be 
conducted in conformance with all applicable laws, regulations, and 
policies. Parties other than those interested in obtaining a commercial 
lease are welcome to submit comments in response to this RFI.
    Concurrent with this notice, BOEM is publishing in the Federal 
Register a Request for Competitive Interest (RFCI) in response to the 
State of Maine's proposed OCS lease for wind energy research submitted 
to BOEM in October 2021 [Docket No. BOEM-2022-0041]. The RFCI specifies 
information that is required to be submitted by entities wishing to 
acquire a commercial lease within the RFCI area.

3. Description of the Request for Interest Area

    BOEM determined the RFI Area after engaging with the Commonwealth 
of Massachusetts, the States of New Hampshire and Maine, and with the 
Gulf of Maine Intergovernmental Renewable Energy Task Force, which 
included opportunities for public input during its meetings. This RFI 
Area consists of 13,713,825 acres located off the coasts of 
Massachusetts, New Hampshire, and Maine (see Figure 1).

[[Page 51130]]

[GRAPHIC] [TIFF OMITTED] TN19AU22.012

    The outer perimeter of the RFI area is roughly bounded to the 
north, east, and west by the boundaries of BOEM's jurisdiction over 
renewable energy activities on the OCS. BOEM delineated the southern 
boundary by looking at the oceanographic and ecological features that 
together uniquely define the Gulf of Maine. BOEM also excluded areas 
from the RFI Area that were incompatible with offshore wind energy 
development, including areas that met the following criteria:
     A unit within the National Park System, National Wildlife 
Refuge System, or National Marine Sanctuary System, and any National 
Monument (Sec.  585.204),
     Existing Traffic Separation Schemes, fairways, and other 
internationally recognized navigation measures, and
     The RFCI area encompassing the State of Maine's lease 
request.
    BOEM's RFI development framework, the map depicting the RFI Area 
(Figure 1), and a spreadsheet listing its specific OCS blocks are 
available for download on the BOEM website at https://www.boem.gov/renewable-energy/state-activities/maine/gulf-maine.

4. Requested Information from Interested or Affected Parties

    BOEM requests specific and detailed comments from the public and 
other interested or affected parties on the following subjects. If a 
commenter recommends an area be excluded from leasing, BOEM also 
requests data to support any recommended buffers or set-backs from 
those areas.
    In some cases, BOEM possesses spatial data relevant to the 
categories of information listed below and has made a public data 
inventory listing those data layers available on the BOEM website at 
https://www.boem.gov/renewable-energy/state-activities/maine/gulf-maine. Regardless of whether BOEM has existing data for a certain 
category, BOEM values comments addressing whether the commenter 
believes the data are the best available, as well as any other 
perceived gaps in or limitations of the data. Where applicable, spatial 
information should be submitted in a format compatible with ESRI ArcGis 
(ESRI shapefile or ESRI file geodatabase) in a geographic coordinate 
system (NAD 83 datum).
    a. Commercial and recreational fishing activities and data, 
including spatial data (e.g., landings, value, vessel traffic, home 
ports). Specifically, the use of the areas, types of fishing gear used, 
anticipated impacts from offshore renewable energy (positive, negative, 
or neutral), seasonal use, and recommendations for reducing use 
conflicts. Additional information about port-to-port or port-to-fishing 
location corridors, determination of appropriate buffers for safety 
(based on the types of vessel) between these corridors and the 
placement of structures in the RFI Area, and the density of the types 
of vessels that utilize these corridors and their ability to use 
alternative corridors.
    b. Protected species and habitat information, including the 
presence of endangered, threatened, or sensitive avian and marine life 
and proximity to designated Endangered Species Act

[[Page 51131]]

(ESA) Critical Habitat and Essential Fish Habitat or Habitat Areas of 
Particular Concern.
    c. Tribal issues of concern and relevant indigenous traditional 
knowledge.
    d. Socioeconomic information for communities potentially affected 
by wind energy leasing in the RFI Area, including community profiles, 
vulnerability and resiliency data, and information on environmental 
justice communities. BOEM also solicits comments on how best to 
meaningfully engage with these communities.
    e. Technical and economic considerations, such as regional energy 
demand, interconnection opportunities between offshore energy 
facilities and the onshore electric grid, supply chain concerns, 
floating foundations, anchoring system considerations, and suggested 
distances from shore to offshore energy facilities.
    f. Information regarding the identification of historic properties 
or potential effects to historic properties from leasing, site 
assessment activities (including installation of meteorological buoys), 
and commercial wind energy development in the RFI Area. This includes 
potential offshore archaeological sites or other historic properties 
within the areas described in this notice and also onshore historic 
properties that could potentially be affected by renewable energy 
activities within the RFI Area. This information will inform BOEM's 
review of future undertakings under Section 106 of the National 
Historic Preservation Act (NHPA) and under the National Environmental 
Policy Act (NEPA).
    g. Information relating to whether the visibility of wind turbines 
located in the RFI Area would adversely affect the landscape or 
seascape of coastal areas of the Gulf of Maine. Information regarding 
strategies that could be used to mitigate or minimize any adverse 
visual effects, such as: how far offshore turbines should be placed to 
minimize the visual impact from the coastline; specific locations or 
areas to avoid development altogether; or any other strategies to help 
reduce the visual footprint (for example, the color of the turbines or 
their components, the arrangement or pattern of the turbine array, the 
dimension of the turbines (e.g., height and blade span), navigation and 
aviation lighting requirements, and the maximum number of turbines that 
should be allowed in a specific area).
    h. Information regarding the potential for interference with radar 
systems covering the RFI Area, including, but not limited to, radar 
systems used for navigation, air traffic control, offshore search and 
rescue operations, and weather and environmental monitoring.
    i. General interest from developers in constructing a backbone 
transmission system that would transport electricity generated by wind 
energy projects located offshore in the Gulf of Maine, including a 
general description of the transmission's proposed path and potential 
interconnection points with the onshore electric grid.
    j. Data and information concerning renewable energy resources and 
environmental conditions in and around the RFI Area (e.g., 
oceanographic factors such as seafloor morphology, wind speed, water 
depth, shallow hazards, sea floor slope, currents, and tidal 
influence).
    k. Data and information concerning the presence of seafloor 
telecommunications cables, disposal areas, and unexploded ordnance.
    l. Information about potentially conflicting uses of the RFI Area, 
including but not limited to alternative offshore energy (e.g., wave, 
tidal), aquaculture, maritime navigation, and recreational vessel 
traffic.
    m. BOEM is planning to incorporate ecosystem-based spatial models 
to support Gulf of Maine planning and leasing. BOEM requests comments 
on the availability of such models, their relative strengths and 
weaknesses, and their utility for the Gulf of Maine.
    n. Other relevant socioeconomic, biological, or environmental 
information.

5. Required Information for Indication of Commercial Interest

    If you intend to submit one or more indications of interest for a 
commercial wind energy lease within the RFI Area, you must provide the 
following information for each indication of interest:
    a. The BOEM leasing map name and number, or official protraction 
diagram number, and the specific whole or partial OCS blocks within the 
RFI Area that you are interested in leasing. This information should be 
submitted as an ESRI ArcGis compatible spatial file (ESRI shapefile or 
ESRI file geodatabase) in a geographic coordinate system (NAD 83 
datum). If your indication of interest includes one or more partial 
blocks, please describe those partial blocks in terms of a sixteenth 
(i.e., sub-block) of an OCS block.
    b. A description of your objectives and the facilities that you 
would use to achieve those objectives. This should include a 
description of requested buffers or set-backs from any potential 
adjacent projects that may be developed as part of this commercial 
leasing process (to, e.g., minimize wake effect or provide sufficient 
protection of anchoring systems for floating foundations).
    c. A preliminary schedule of proposed activities, including those 
leading to commercial operations.
    d. Available and pertinent data and information concerning 
renewable energy resources and environmental conditions in the areas 
that you wish to lease, including energy and resource data and 
information used to evaluate the area. Where applicable, spatial 
information should be submitted in a format compatible with ESRI ArcGIS 
(ESRI shapefile or ESRI file geodatabase) in a geographic coordinate 
system (NAD 83 datum).
    e. Documentation demonstrating that you are legally qualified to 
hold a lease in accordance with 30 CFR 585.106 and 585.107(b)-(d). 
Examples of the documentation appropriate for demonstrating your legal 
qualifications and related guidance can be found on the BOEM website at 
https://www.boem.gov/sites/default/files/documents/about-boem/Qualification%20Guidelines.pdf. Legal qualification documents that you 
provide to BOEM 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 the section of this RFI entitled 
``Protection of Privileged, Personal, or Confidential Information''), 
along with an explanation on why your legal qualifications should not 
be subject to disclosure.
    f. Documentation demonstrating that you are technically and 
financially capable of constructing, operating, maintaining, and 
decommissioning the commercial wind energy facility described in your 
submission in accordance with 30 CFR 585.107(a). Guidance regarding the 
documentation to demonstrate your technical and financial 
qualifications can be found at https://www.boem.gov/sites/default/files/documents/about-boem/Qualification%20Guidelines.pdf.
    Documentation you submit to demonstrate your legal, technical, and 
financial qualifications may be provided to BOEM in either hard copy or 
electronic formats (see the section of this RFI entitled ADDRESSES). 
BOEM considers an Adobe PDF file on a media storage device to be an 
acceptable format for an electronic copy.

[[Page 51132]]

6. Protection of Privileged, Personal, or Confidential Information

a. Freedom of Information Act

    BOEM will protect privileged and 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 is privileged or confidential. If you wish to protect 
the confidentiality of such information, clearly label it and request 
that BOEM treat it as confidential. BOEM will not disclose such 
information if BOEM determines under 30 CFR 585.113(b) that it 
qualifies for exemption from disclosure under FOIA. Please label 
privileged or confidential information ``Contains Confidential 
Information'' and consider submitting such information as a separate 
attachment, along with an explanation on why the information should not 
be subject to disclosure.
    BOEM will not treat as confidential any aggregate summaries of 
information or comments not containing privileged or confidential 
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 may be regarded by BOEM as suitable for public release.

b. Personally Identifiable Information

    BOEM does not consider anonymous comments; please include your name 
and address as part of your comment. You should be aware that your 
entire comment, including your name, address, and any personally 
identifiable information (PII) included in your comment, may be made 
publicly available at any time. Even if BOEM withholds your information 
in the context of this RFI, your submission is subject to FOIA. If your 
submission is subject to a FOIA request, your information will only be 
withheld if a determination is made that one of the FOIA's exemptions 
to disclosure applies. Such a determination will be made in accordance 
with the Department of the Interior's FOIA regulations and applicable 
law.
    For BOEM to consider withholding from disclosure your PII, you must 
identify in a cover letter any information contained in your comment 
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 your PII, such as 
embarrassment, injury, or other harm. Note that BOEM will make 
available for public inspection all comments, in their entirety, 
submitted by organizations and businesses, or by individuals 
identifying themselves as representatives of organizations or 
businesses.

c. Section 304 of the National Historic Preservation Act (54 U.S.C. 
307103(a))

    After consultation with the Secretary of the Interior, BOEM is 
required 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.

7. BOEM's Environmental Review Process

    Before deciding whether and where leases may be issued, BOEM will 
prepare an environmental analysis under the NEPA process and conduct 
consultations to consider the environmental consequences associated 
with issuing commercial wind energy leases within the RFI Area. The 
NEPA analysis will consider the reasonably foreseeable environmental 
consequences associated with leasing, such as site characterization 
activities (including geophysical, geotechnical, archaeological, and 
biological surveys) and site assessment activities (including 
installation of a meteorological buoy). BOEM also will conduct 
appropriate consultations concurrently with, and integrated into, the 
NEPA process. These consultations include those required by the Coastal 
Zone Management Act, the ESA, the Magnuson-Stevens Fishery Conservation 
and Management Act, Section 106 of the NHPA, and Executive Order 13175, 
``Consultation and Coordination with Indian Tribal Governments.''
    Before BOEM allows any lessee to begin construction of a wind 
energy project in the RFI Area, BOEM will consider the environmental 
effects of the construction and operation of any wind energy facility 
under a subsequent, separate, and project-specific NEPA process. This 
separate NEPA process will include additional opportunities for 
consultations and public involvement and likely will result in the 
publication of an environmental impact statement.

8. BOEM's Planning and Leasing Process

a. Determination of Competitive Interest

    Subsection 8(p)(3) of OCSLA states that ``the Secretary [of the 
Interior] shall issue a lease, easement, or right-of-way . . . on a 
competitive basis unless the Secretary determines after public notice 
of a proposed lease, easement, or right-of-way that there is no 
competitive interest.'' Accordingly, BOEM must first determine whether 
there is competitive interest in acquiring a lease to develop offshore 
wind energy within the RFI Area. At the conclusion of this RFI's 
comment period, BOEM will review the indications of interest received 
and determine if competitive interest exists in any part of the RFI 
Area.
    For areas with two or more valid indications of interest, BOEM may 
consider proceeding with competitive leasing as described in the 
section of this RFI entitled ``Competitive Leasing Process.'' For areas 
where BOEM determines that only one interested entity exists, BOEM may 
consider proceeding with noncompetitive leasing, as described in the 
section entitled ``Noncompetitive Leasing Process.'' However, BOEM may 
also determine there is competitive interest in an area with only a 
single nomination based on input received in response to this notice, 
market conditions, and the amount of area available for leasing.
    If BOEM determines that competitive interest exists in areas BOEM 
identifies as appropriate to lease, BOEM may hold one or more 
competitive lease sales for those areas. If BOEM holds a lease sale, 
all qualified bidders, including bidders that did not submit a 
nomination in response to this RFI, will be eligible to participate in 
the lease sale.
    BOEM reserves the right to not offer for lease areas nominated as a 
result of this RFI and to modify such areas from their proposed form 
before offering them for lease.

b. Competitive Leasing Process

    BOEM will follow the steps required by 30 CFR 585.211 through 
585.225 if it decides to proceed with the competitive leasing process 
after analyzing the responses to this RFI. Those steps are:
    (1) Call for Information and Nominations (Call): BOEM will publish 
a Call in the Federal Register for leasing in specified areas. The 
comment period following the Call will be 45 days. In the Call, BOEM 
may request comments seeking information on areas that should receive 
special consideration and analysis; geological conditions (including 
bottom hazards); archaeological sites on the seabed or

[[Page 51133]]

nearshore; possible multiple uses of the proposed leasing area 
(including navigation, recreation, and fisheries); and other 
socioeconomic, biological, and environmental matters. In response to 
the Call, potential lessees submit the following information: the area 
of interest for a possible lease; a general description of the 
potential lessee's objectives and the facilities that the potential 
lessee would use to achieve those objectives; a general schedule of 
proposed activities, including those leading to commercial operations; 
data and information concerning renewable energy and environmental 
conditions in the area of interest, including the energy and resource 
data and information used to evaluate the area of interest; and 
documentation showing the potential lessee is qualified to hold a 
lease. However, a potential lessee is not required to resubmit 
information it has already submitted in response to this RFI.
    (2) Area Identification: Based on the information received in 
response to the RFI and Call, BOEM will determine the level of 
commercial interest and identify the areas that are appropriate to 
analyze for potential leasing. Those areas will constitute wind energy 
areas (WEA) and will be subject to environmental analysis in 
consultation with appropriate Federal agencies, federally recognized 
Tribes, State and local governments, and other interested parties.
    (3) Proposed Sale Notice (PSN): If BOEM decides to proceed with a 
competitive lease sale within a WEA after completion of its 
environmental analysis and consultations, BOEM will publish a PSN in 
the Federal Register with a comment period of 60 days. The PSN will 
describe the areas BOEM intends to offer for leasing, the proposed 
conditions of a lease sale, the proposed auction format of the lease 
sale, and the lease instrument, including lease addenda. Additionally, 
the PSN will describe the criteria and process for evaluating bids in 
the lease sale.
    (4) Final Sale Notice (FSN): After considering the comments on the 
PSN, if BOEM decides to proceed with a competitive lease sale, it will 
publish an FSN in the Federal Register at least 30 days before the date 
of the lease sale.
    (5) Bid Submission and Evaluation: Following publication of the FSN 
in the Federal Register, BOEM will offer the lease areas through a 
competitive sale process, using procedures specified in the FSN. BOEM 
will review the sale, including bids and bid deposits, for technical 
and legal adequacy. BOEM will ensure that bidders have complied with 
all applicable regulations. BOEM reserves the right to reject any or 
all bids and to withdraw an offer to lease an area, even after bids 
have been submitted.
    (6) Issuance of a Lease: Following identification of the winning 
bidder on a lease area, BOEM will notify that bidder and provide the 
lease documents for signature. BOEM requires a winning bidder to sign 
and return the lease documents, pay the remainder of its bid, if 
applicable, and file the required financial assurance within 10-
business days of receiving the lease documents. Upon receipt of the 
required payments, financial assurance, and signed lease documents, 
BOEM may execute a lease with the winning bidder.

c. Noncompetitive Leasing Process

    BOEM's noncompetitive leasing process includes the following steps 
under 30 CFR 585.231 and 585.232:
    (1) Determination of No Competitive Interest: If, after evaluating 
all relevant information, including responses to this RFI, BOEM 
determines there is no competitive interest in all or a portion of the 
RFI Area, it may proceed with the noncompetitive lease issuance 
process. BOEM will determine if the sole respondent who submitted an 
indication of interest in a particular area intends to proceed with 
acquiring the lease. If so, the respondent must pay the acquisition 
fee. After the acquisition fee is paid, BOEM will publish a 
determination of no competitive interest in the Federal Register.
    (2) Review of Lease Request: BOEM will coordinate and consult, as 
appropriate, with relevant Federal agencies, federally recognized 
Tribes, affected State and local governments, and other affected or 
interested parties in reviewing the noncompetitive leasing request and 
in formulating lease terms, conditions, and stipulations. BOEM also 
will complete the appropriate environmental analysis to inform its 
decision-making.
    (7) Lease Issuance: After completing its review of the lease 
request and environmental analysis, BOEM may offer a noncompetitive 
lease. BOEM requires the respondent to sign and return the lease 
documents and file the required financial assurance within 10-business 
days of receiving the lease documents. Upon receipt of the required 
financial assurance and signed lease documents, BOEM may execute a 
lease with the respondent.

Amanda Lefton,
Director, Bureau of Ocean Energy Management.
[FR Doc. 2022-17921 Filed 8-18-22; 8:45 am]
BILLING CODE 4310-MR-P