[Federal Register Volume 89, Number 163 (Thursday, August 22, 2024)]
[Notices]
[Pages 67960-67969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18841]


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DEPARTMENT OF THE INTERIOR

Bureau of Ocean Energy Management

[Docket No. BOEM-2024-0040]


Commercial Leasing for Wind Power Development on the Central 
Atlantic Outer Continental Shelf--Central Atlantic 2--Call for 
Information and Nominations

AGENCY: Bureau of Ocean Energy Management, Interior.

ACTION: Call for information and nominations; request for comments.

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SUMMARY: This call for information and nominations (Call or notice) 
invites public comment on, and assesses interest in, possible 
commercial wind energy leasing on the Outer Continental Shelf (OCS) 
offshore the U.S. central Atlantic coast as part of a second round of 
planning for commercial leasing in the region (hereinafter, Central 
Atlantic

[[Page 67961]]

2). The Bureau of Ocean Energy Management (BOEM) will consider 
information received in response to this Call to determine whether to 
schedule a competitive lease sale or to issue a noncompetitive lease 
for any portion of the area described in this Call (Call Area). Those 
interested in providing comments or information regarding site 
conditions, resources, and multiple uses in close proximity to or 
within the Call Area should provide the information requested in 
section 8, ``Requested Information from Interested or Affected 
Parties,'' under the ``Supplementary Information'' heading of this 
Call. Those interested in leasing within the Call Area for a commercial 
wind energy project should provide the information described in section 
9, ``Required Nomination Information,'' under ``Supplementary 
Information.'' BOEM may or may not offer a lease for a commercial 
offshore wind energy project within the Call Area after further 
government consultations, public participation, and environmental 
analyses.

DATES: BOEM must receive your interest in or comments on commercial 
leasing within the Call Area no later than October 21, 2024. Late 
submissions may not be considered.

ADDRESSES: Please submit nomination information for commercial leasing 
as discussed in section 9 entitled, ``Required Nomination 
Information,'' electronically via email to [email protected] or 
by hard copy by mail to the following address: Seth Theuerkauf, 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. Do not submit nominations via the Federal eRulemaking Portal. 
BOEM will list the qualified parties that submitted nominations and the 
aggregated locations of nominated areas on its website after review of 
the nominations.
    Please submit all other comments and information by either of the 
following two methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. In the 
search box at the top of the web page, enter BOEM-2024-0040 and then 
click ``search.'' Follow the instructions to submit public comments and 
to view supporting and related materials.
    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 section 10 of 
this notice entitled, ``Protection of Privileged, Personal, or 
Confidential Information.'' BOEM will post all comments received on 
regulations.gov unless labeled as confidential.

FOR FURTHER INFORMATION CONTACT: Seth Theuerkauf, Bureau of Ocean 
Energy Management, Office of Renewable Energy Programs, 45600 Woodland 
Road (VAM-OREP), Sterling, Virginia 20166. (202) 368-0644 or 
[email protected].
    For information regarding qualification requirements to hold an OCS 
wind energy lease, contact Gina Best, BOEM Office of Renewable Energy 
Programs, at [email protected] or (703) 787-1341.

SUPPLEMENTARY INFORMATION:

1. Authority

    This Call is published under subsection 8(p)(3) of the Outer 
Continental Shelf Lands Act (OCSLA), 43 U.S.C. 1337(p)(3), and its 
implementing regulations at 30 CFR 585.210 and 585.211.

2. Purpose

    The OCSLA requires BOEM to award leases competitively unless BOEM 
determines that there is no competitive interest (43 U.S.C. 
1337(p)(3)). The primary purpose of this Call is to collect further 
information and feedback on industry interest, site conditions, 
resources, and ocean uses within, and surrounding, the Call Area.
    An essential part of BOEM's renewable energy leasing process is 
working closely with Federal agencies, Tribes, State and local 
governments, industry, and ocean users to identify areas that may be 
suitable for potential offshore wind development to power the Nation. 
BOEM has not yet determined which areas, if any, within the Call Area 
may be offered for lease. Your input is essential and will help BOEM 
determine areas that may be suitable for offshore wind energy 
development. There will be multiple opportunities to provide feedback 
throughout the renewable energy planning and leasing process. A 
detailed description of the Call Area may be found below in section 6, 
``Description of Call Area.'' For more information about BOEM's 
competitive and noncompetitive leasing processes, please see section 4, 
``BOEM's Planning and Leasing Process.''

3. Background

    The Energy Policy Act of 2005 amended OCSLA by adding subsection 
8(p)(1)(C), which authorizes the Secretary of the Interior (Secretary) 
to grant leases, easements, and rights-of-way 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, including renewable energy sources. The 
Secretary delegated this authority to the BOEM Director. On April 29, 
2009, the Department of the Interior (Department) published regulations 
entitled, ``Renewable Energy and Alternate Uses of Existing Facilities 
on the Outer Continental Shelf,'' \1\ which were subsequently re-
codified at 30 CFR part 585.\2\
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    \1\ 74 FR 19638 (April 29, 2009).
    \2\ 76 FR 64432 (October 18, 2011).
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    On May 15, 2024, the Department amended its offshore renewable 
energy regulations through the publication of the final Renewable 
Energy Modernization Rule.\3\ This final rule reduces regulatory 
burdens and streamlines processes, incorporates recommendations from 
stakeholders, and will assist the U.S. in reaching its climate and 
renewable energy goals. It also eliminates unnecessary requirements for 
the deployment of meteorological buoys; increases survey flexibility; 
improves the project design and installation verification process; 
establishes a public Renewable Energy Leasing Schedule; reforms BOEM's 
renewable energy auction regulations; tailors financial assurance 
requirements and instruments; clarifies safety management system 
regulations; revises other provisions; and makes technical corrections. 
The Renewable Energy Modernization Rule became effective on July 15, 
2024.
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    \3\ 89 FR 42602 (May 15, 2024).
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    In March 2021, the Biden-Harris administration established a goal 
to deploy 30 gigawatts (GW) of offshore wind energy capacity by 2030. 
BOEM is committed to this ambitious goal by responsibly fostering the 
growth of offshore wind energy capacity and participating in 
collaborative, data-based planning to inform decisions involving shared 
ocean resources and the many users that depend on them.
    BOEM appreciates the importance of coordinating its planning with 
other OCS users, regulators, and relevant Federal agencies including, 
but not limited to, the U.S. Fish and Wildlife Service (USFWS), the 
National Park Service (NPS), the U.S. Army Corps of Engineers (USACE), 
the U.S. Coast Guard (USCG), the National Aeronautics and Space 
Administration (NASA), the National Oceanic and Atmospheric

[[Page 67962]]

Administration (NOAA), and the Department of Defense (DOD). BOEM also 
regularly coordinates with, and requests input from, the Mid-Atlantic 
Regional Council on the Ocean (MARCO) and Northeast Regional Ocean 
Council (NROC), which includes federally recognized Tribes, Federal and 
State agencies, and fishery management councils. BOEM also uses 
information contained in the Mid-Atlantic and Northeast Ocean Data 
Portals \4\ in its decision-making, among other sources of information, 
because the portal includes maps of marine life, habitat areas, 
cultural resources, transportation links, fishing areas, and other 
human uses that must be considered when offshore energy or other 
infrastructure projects are proposed.
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    \4\ The Mid-Atlantic and Northeast Ocean Data Portals 
(maintained by the Mid-Atlantic Committee on the Ocean [http://portal.midatlanticocean.org/] and Northeast Regional Ocean Council 
[https://www.northeastoceandata.org], respectively) draw upon data 
from the MarineCadastre.gov national data portal, which was 
developed through a partnership between NOAA and BOEM. 
MarineCadastre.gov is an integrated marine information system that 
provides data, tools, and technical support for ocean and Great 
Lakes planning, designed specifically to support renewable energy 
siting on the OCS, but also used for other ocean-related efforts and 
recognized by regional ocean governance groups as the central place 
for authoritative Federal ocean data, metadata, and map services.
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a. Central Atlantic Task Force

    In 2020 and 2021, BOEM received requests from the Commonwealth of 
Virginia and the State of Maryland, respectively, to convene a regional 
renewable energy task force and begin the process that could lead to a 
lease sale. In response, BOEM established the Central Atlantic 
Intergovernmental Renewable Energy Task Force to facilitate 
coordination among relevant Federal agencies and Tribal, State, and 
local governments throughout the leasing process. The first task force 
meeting was held virtually on February 16, 2022, with the most recent 
task force meeting occurring on October 10, 2023. Materials from the 
task force meeting are available on the BOEM website at: https://www.boem.gov/renewable-energy/state-activities/central-atlantic.

b. Central Atlantic 1 Planning and Leasing

    On April 29, 2022, BOEM published the ``Call for Information and 
Nominations-Commercial Leasing for Wind Power Development on the 
Central Atlantic Outer Continental Shelf (OCS)'' (hereinafter, Central 
Atlantic 1; BOEM-2022-0023) in the Federal Register.\5\ The Central 
Atlantic 1 Call Area (Figure 1) included six distinct areas (known as 
areas A-F) offshore the Commonwealth of Virginia and the States of 
Delaware, Maryland, and North Carolina, roughly bounded to the north by 
the mouth of Delaware Bay and to the south by Cape Hatteras, and 
comprising approximately 3,897,388 acres (1,577,217 hectares). On 
November 16, 2022, BOEM announced eight draft Wind Energy Areas (WEAs) 
within the Central Atlantic 1 Call Area covering approximately 1.7 
million acres and located approximately 19 to 77 nautical miles off the 
Central Atlantic coast. On July 31, 2023, BOEM announced three final 
WEAs offshore Delaware, Maryland, and Virginia, including WEA A-2 
(101,767 acres, located 26 nautical miles (nm) from Delaware Bay), WEA 
B-1 (78,285 acres, located 23 nm from Ocean City, MD), and WEA C-1 
(176,506 acres, located 35 nm from Chesapeake Bay). The three final 
WEAs are in comparatively shallow water; BOEM deferred a decision on 
identification of additional final WEAs in deepwater areas (i.e., those 
within Central Atlantic 1 Call Area areas E and F) until further study 
can be completed. On December 11, 2023, BOEM published the Proposed 
Sale Notice for the Central Atlantic region, including Lease Area A-2 
(comprised of the entirety of WEA A-2) and Lease Area C-1 (comprised of 
the entirety of WEA C-1), but excluding WEA B-1 due to the significant 
cost and mitigation needed to accommodate offshore wind construction 
and operations in that area. BOEM published a Final Sale Notice on July 
1, 2024, which included OCS-A 0557 (Lease Area A-2) and OCS-A 0558 
(Lease Area C-1). BOEM held the lease sale (ATLW-10) for these two 
lease areas on August 14, 2024.
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    \5\ 87 FR 25539 (April 29, 2022).

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[[Page 67963]]

[GRAPHIC] [TIFF OMITTED] TN22AU24.000

Figure 1: Outcomes of the Central Atlantic 1 lease planning process, 
including the original Central Atlantic 1 Call Area, draft Wind Energy 
Areas (WEAs), final WEAs, and Final Sale Notice (FSN) areas.

c. Central Atlantic 2 Planning and Leasing

    Throughout early 2024, BOEM held a series of meetings with States 
throughout the Central Atlantic region, including North Carolina, 
Virginia, Maryland, Delaware, and New Jersey to determine interest from 
the States in pursuing additional planning for offshore wind lease 
areas to support each States' offshore wind energy goals through 
Central Atlantic 2. The State of North Carolina indicated interest in 
identification of additional lease areas to accommodate 3.0 GW of 
capacity (i.e., on the order of approximately 185,000 acres \6\) to 
fulfill its remaining offshore wind energy goal of 8.0 GW by 2040. The 
State of Maryland indicated interest in identification of additional 
lease areas to accommodate between 1.5-4.0 GW (i.e., between 
approximately 95,000-250,000 acres \6\) of remaining need to meet its 
8.5 GW by 2031 goal. The State of Delaware's General Assembly recently 
passed the Delaware Energy Solutions Act (which Governor John Carney is 
expected to sign) that authorizes the State Energy Office to procure up 
to 1.2 GW (i.e., on the order of approximately 75,000 acres \6\) of 
offshore wind energy through one or multiple offshore wind projects, 
either as standalone projects or in partnership with other states' 
project. North Carolina indicated interest in analysis of areas farther 
south than Cape Hatteras, which was the original southern boundary of 
the Central Atlantic 1 Call Area, towards a full evaluation of the OCS 
offshore of North Carolina. Maryland indicated potential interest in 
exploring areas farther north of Delaware Bay, which was the original 
northern boundary of the Central Atlantic 1 Call Area. Additionally, 
Maryland expressed interest in further analysis of the deepwater 
portions of the Central Atlantic 1 Call Area (i.e., areas E and F).
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    \6\ Acreage estimates are based upon power density estimates of 
4.0 megawatts (MW) per square kilometer, as described in the U.S. 
Department of Energy Office of Energy Efficiency and Renewable 
Energy's Offshore Wind Market Report: 2023 Edition, available at: 
https://www.energy.gov/sites/default/files/2023-09/doe-offshore-wind-market-report-2023-edition.pdf.
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4. BOEM's Planning and Leasing Process

a. Determination of Competitive Interest

    Subsection 8(p)(3) of OCSLA states that ``the Secretary 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.''
    If BOEM determines that competitive interest exists in acquiring a 
lease to develop offshore wind energy and the areas within the Call 
Area are 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 Call, will be able to participate in the lease sale.
    BOEM reserves the right to refrain from offering for lease any 
areas that are nominated as a result of this Call and to modify 
nominated areas before offering them for lease.

[[Page 67964]]

b. Competitive Leasing Process

    BOEM will follow the steps required by 30 CFR 585.211 through 
585.226 if it decides to proceed with the competitive leasing process 
after analyzing the responses to this Call. Those steps are:
    (1) Area Identification: Based on the information received in 
response to this Call, BOEM will identify areas for environmental 
analysis and consideration for leasing. Those areas will constitute 
WEAs and will be subject to environmental analysis in consultation with 
appropriate Federal agencies, federally recognized Tribes, State and 
local governments, and other interested parties. Before finalizing the 
WEAs, BOEM has committed to publishing draft WEAs and will hold a 30-
day comment period with a docket on regulations.gov.
    (2) Proposed Sale Notice (PSN): If BOEM decides to proceed with a 
competitive lease sale within the WEAs, BOEM will publish a PSN in the 
Federal Register with a comment period of not less than 30 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 the proposed lease 
addenda. Additionally, the PSN will describe the criteria and process 
for evaluating bids in the lease sale.
    (3) Final Sale Notice (FSN): After considering the comments on the 
PSN and completing its environmental analysis and consultations, 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.
    (4) Bid Submission and Evaluation: Following the publication of the 
FSN in the Federal Register, BOEM will offer the lease area(s) 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 all bids 
and to withdraw an offer to lease an area, even after bids have been 
submitted.
    (5) 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.

5. Development of the Call Area

    BOEM engaged in discussions throughout early 2024 with several 
Federal agencies (i.e., NOAA, USFWS, DOD, NASA, and USCG) and State 
governments (i.e., New Jersey, Delaware, Maryland, Virginia, and North 
Carolina) before deciding upon the Call Area boundaries. Multiple 
Central Atlantic States expressed interest to BOEM in analyzing the 
compatibility of areas outside of the boundaries of the original 
Central Atlantic 1 Call Area for potential offshore wind leasing. BOEM 
also received feedback during the Central Atlantic 1 planning process 
from stakeholders and ocean users requesting that areas not be removed 
early in the planning process so additional input could be provided to 
BOEM prior to large area removals. Furthermore, given the breadth of 
relevant spatial data representing marine natural resources and ocean 
uses available in the Central Atlantic region, it was determined that a 
broadened Central Atlantic 2 Call Area would permit robust application 
of the suitability model to identify the least conflicted areas in the 
region. Therefore, BOEM's strategy for the Central Atlantic 2 Call Area 
is to start with an expanded geographic area and limit the removal of 
areas with potential conflicts until after public comment and 
engagement on the Call Area has occurred.
    BOEM defined the northern boundary of the Call Area as the area 
abutting the southernmost extent of the Call Area described in the 
``Commercial Leasing for Wind Power on the Outer Continental Shelf in 
the New York Bight--Call for Information and Nominations'' (BOEM-2018-
0004), published in the Federal Register.\7\ Given the interest 
expressed from the State of North Carolina in analyzing the potential 
compatibility of the full OCS offshore of North Carolina, BOEM defined 
the southern boundary of the Call Area by extending the state line 
between North and South Carolina eastward into the offshore OCS. The 
eastern boundary was defined by the 60-meter bathymetric contour given 
depth limitations associated with the installation of typical fixed 
monopile foundations for offshore wind turbines.\8\ The western 
boundary was defined as the line located three nm from the coastline, 
where the OCS begins and all submerged lands lying seaward are under 
federal jurisdiction.
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    \7\ 83 FR 15602 (April 11, 2018).
    \8\ Musial, W., Spitsen, P., Duffy, P., Beiter, P., Shields, M., 
Hernando, D. M., Hammond, R., Marquis, M., King, J., & Sathish, S. 
(2023). Offshore Wind Market Report: 2023 Edition. https://doi.org/10.2172/2001112.
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    BOEM removed only a limited number of areas from the Call Area, 
including areas in which offshore wind energy development cannot occur 
as a result of law, jurisdiction, or technical considerations. These 
include:
     Units of the National Park System, National Wildlife 
Refuge System, National Marine Sanctuary System, or any National 
Monument (Sec.  585.204);
     Existing Traffic Separation Schemes (TSS), fairways, or 
other internationally recognized navigation measures;
     Existing BOEM lease areas; and
     Unsolicited lease request areas that are the subject of a 
separate request for competitive interest.
    BOEM recognizes that the Call Area includes areas that conflict 
with existing ocean uses (e.g., fishing, shipping) and sensitive 
habitats that are important to the conservation and recovery of 
protected species, including specific areas about which BOEM has 
previously received feedback from the Central Atlantic Task Force and 
the public during the Central Atlantic 1 process. BOEM intends to 
integrate both: (a) previous feedback and (b) additional information 
requested on the areas in this notice, within the suitability model to 
assist in identifying areas appropriate for WEAs through the next phase 
of the planning process. To synthesize and communicate feedback BOEM 
received during the Central Atlantic 1 process and that BOEM is further 
considering as part of the Central Atlantic 2 process, BOEM developed: 
(1) a series of sector-specific maps identifying specific areas of 
known concern within the Central Atlantic 2 Call Area, and (2) a 
Central Atlantic Data Inventory that includes specific spatial data 
that represent natural resources and ocean uses in the Central Atlantic 
region that BOEM is considering for inclusion in the suitability model. 
These resources can be accessed at: https://www.boem.gov/renewable-energy/state-activities/central-atlantic. BOEM welcomes comments and 
further feedback on either of these resources, including the specific 
questions included in section 8, ``Requested Information from 
Interested or Affected Parties.''

6. Description of Call Area

    The Call Area consists of 13,476,805 acres located off the coasts 
of New Jersey, Delaware, Maryland, Virginia, and North Carolina (see 
Figure 1). The map depicting the Call Area (Figure 1), a spreadsheet 
listing its specific OCS blocks, and an Esri shapefile are available 
for download on the BOEM website at https://www.boem.gov/

[[Page 67965]]

renewable-energy/state-activities/central-atlantic.
[GRAPHIC] [TIFF OMITTED] TN22AU24.001

Figure 2. Central Atlantic 2 Call for Information and Nominations Area

7. Central Atlantic 2 Next Steps

    The Call Area identifies broad portions of the OCS offshore the 
U.S. central Atlantic coast for further analysis. That analysis 
includes commercial nominations and public comments submitted in 
response to this Call so that potential use conflicts can be analyzed 
during the next step in the leasing process: the designation of 
specific wind energy areas (Area Identification). BOEM's analysis 
during Area Identification will evaluate the appropriateness of the 
Call Area for offshore wind energy development, balanced against 
potential ocean user conflicts. BOEM will consider information from 
environmental reviews, consultations, public comments, and continued 
coordination with the Central Atlantic Intergovernmental Renewable 
Energy Task Force, which includes relevant Federal, Tribal, State, and 
local governments. BOEM anticipates designating specific WEAs within 
the Call Area and developing lease terms and conditions to mitigate any 
possible adverse impacts from leasing, site assessment, construction, 
and operational activities.

a. BOEM/National Centers for Coastal Ocean Science (NCCOS) Partnership

    In September 2022, BOEM announced enhancements to its Area 
Identification process.\9\ One of these enhancements was a partnership 
with NCCOS to employ a spatial model that analyzes entire marine 
ecosystems to identify the least conflicted areas for wind energy 
sites. NCCOS and BOEM are leveraging a team of expert spatial planners, 
marine and fisheries scientists, project coordinators, environmental 
policy analysts, and other subject matter experts to develop the 
Central Atlantic Offshore Wind Suitability Model (suitability model). 
The suitability model will build upon the model that was developed to 
inform the most recent round of leasing in the Central Atlantic region, 
including a geographic expansion of the modeling domain to reflect the 
broadened Call Area and an update to underlying spatial data to reflect 
developments in best available spatial data and feedback provided via 
the Central Atlantic Task Force and public comments during Central 
Atlantic 1. To review the final report that describes the suitability 
model developed for Central Atlantic 1, please visit: https://www.boem.gov/renewable-energy/state-activities/central-atlantic-
appendix-b-wea-final-report-nccos.
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    \9\ BOEM Enhances its Processes to Identify Future Offshore Wind 
Energy Areas. (September 16, 2022). Bureau of Ocean Energy 
Management. https://www.boem.gov/newsroom/notes-stakeholders/boem-enhances-its-processes-identify-future-offshore-wind-energy-areas.
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    BOEM and NCCOS intend to use the suitability modeling methods that 
were previously applied to offshore wind energy siting efforts in the 
Gulf of Mexico, Gulf of Maine, and Central Atlantic regions to inform 
development of Central Atlantic 2 draft WEAs.

[[Page 67966]]

NCCOS's spatial modeling approach provides a powerful tool for 
identifying areas that are most suitable for offshore wind energy 
development. Additionally, BOEM intends for this partnership and 
modeling approach to enhance transparency, improve engagement, and 
provide a consistent, reproducible methodology for understanding and 
deconflicting ocean space.

b. Memorandum of Understanding (MOU) Between BOEM and the State of 
Maryland

    On June 7, the Department announced \10\ an MOU between BOEM and 
the State of Maryland to support the coordinated development of wind 
energy generation offshore Maryland. Under the MOU, BOEM and the State 
of Maryland will continue ongoing efforts to explore and identify 
potential areas for offshore wind leasing, including through the 
Central Atlantic 2 planning and leasing process. BOEM will also 
continue to convene the Central Atlantic Task Force with the State and 
other government stakeholders to enhance collaboration and address 
challenges associated with the siting of offshore wind leasing areas. 
These efforts will support and augment existing and planned 
coordination for developing offshore wind energy in the Central 
Atlantic region.
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    \10\ Biden-Harris Administration Leaders Announce Steps to 
Advance Offshore Wind Progress in Maryland. (June 7, 2024). 
Department of the Interior. https://www.doi.gov/pressreleases/biden-harris-administration-leaders-announce-steps-advance-offshore-wind-progress.
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c. Coordination With DOD

    The DOD conducts offshore testing, training, and operations within 
portions of the Call Area. BOEM intends to refine the Call Area during 
the Area Identification process based on DOD's assessment of 
compatibility between commercial offshore wind energy development and 
DOD activities. BOEM is working with the DOD and will continue 
collaborating closely with DOD to update the Central Atlantic's 
offshore wind energy compatibility assessment. That assessment may 
identify wind energy exclusion areas and/or areas that may require 
site-specific conditions and stipulations to ensure offshore wind 
energy facilities are compatible with DOD activities. These 
stipulations may include, among others: hold and save harmless 
agreements; mandatory coordination with DOD on specified activities; 
restrictions on electromagnetic emissions; and evacuation procedures 
from the lease area for safety reasons when notified by the DOD. BOEM 
may remove from leasing consideration any OCS blocks identified as 
incompatible with DOD's activities in the updated assessment.

d. Coordination With USCG

    On January 19, 2024, USCG published a notice of proposed rulemaking 
to establish shipping safety fairways (``fairways'') along the Atlantic 
Coast of the United States previously identified in the Atlantic Coast 
Port Access Route Study (ACPARS) (USCG-2019-0279-0032) in the Federal 
Register.\11\ The comment period closed on May 17, 2024. BOEM is aware 
of potential conflicts between the Call Area and the proposed fairways 
published in the proposed rulemaking. BOEM is working closely with USCG 
to ensure WEAs and fairways identified in the final rule are 
deconflicted during Area Identification and subsequent phases of the 
leasing process.
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    \11\ 89 FR 3587 (January 19, 2024).
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e. Coordination With NASA

    NASA conducts a wide range of launch and flight operations from the 
Wallops Flight Facility (WFF) located on Wallops Island, Virginia. 
Operations extend over a wide-range of azimuths from WFF for launch 
vehicles that fly from low elevations just above the sea surface to 
suborbital missions and launches up to low-Earth orbit. NASA has 
previously communicated to BOEM a composite hazard area for most 
missions launched from WFF. BOEM is aware of potential conflicts 
between the Call Area and the WFF hazard area and is working closely 
with NASA to deconflict possible WEAs relative to the hazard area.

f. Coordination With NPS

    NPS manages a number of units of the National Park System within 
close proximity to the Call Area, including Great Egg Harbor Scenic and 
Recreational River, Assateague Island National Seashore, Colonial 
National Historical Park, Wright Brothers National Memorial, Fort 
Raleigh National Historical Site, Cape Hatteras National Seashore, and 
Cape Lookout National Seashore. NPS also has program responsibilities 
for National Historic Landmarks (NHLs) and National Natural Landmarks 
(NNLs) adjacent to the Call Area. NPS has previously provided 
information to BOEM regarding NPS units, NHLs, and NNLs as part of the 
Central Atlantic 1 planning process, and BOEM will further coordinate 
with NPS to deconflict possible WEAs relative to these NPS assets.

8. Requested Information From Interested or Affected Parties

    BOEM requests comments regarding the following features, 
activities, mitigations, or concerns within or around the Call Area, as 
well as the Central Atlantic 1 deepwater Call Area areas (i.e., areas E 
and F; see `c' below). Commenters should be as specific and detailed as 
possible to help BOEM understand and address the comments. Where 
applicable, spatial information should be submitted in a format 
compatible with Esri ArcGIS (Esri shapefile or Esri file geodatabase) 
in the NAD 83 geographic coordinate system.

a. BOEM and NCCOS Suitability Modeling

    i. In partnership with NCCOS (described in section 7.a), BOEM 
published a list of the datasets it plans to use to inform the WEA 
suitability model. The datasets are available at https://www.boem.gov/renewable-energy/state-activities/central-atlantic. BOEM requests 
comments on the identified datasets and information responsive to the 
following questions: Are these data the best available? Do the data 
reflect the most relevant and important time series and ranges? Are 
there any known gaps or limitations in the data?
    ii. Transmission: BOEM requests recommendations on relevant spatial 
data for areas between the Call Area and the coastline to inform 
suitability modeling of potential transmission cable corridors. This 
work would build upon the data and approach used in the WEA site 
suitability model. Working with our partners in Tribal, State, and 
local governments will be essential for procuring available data and 
identifying data gaps.
    iii. Wind Resource and Developability: BOEM is aware of multiple 
recent spatial data developments that are under consideration for 
inclusion within the suitability model to inform wind resource 
assessment and potential developability of locations within the Call 
Area. Specifically, BOEM is aware of: (1) a 2024 update to the National 
Renewable Energy Laboratory's (NREL) Levelized Cost of Energy dataset 
for offshore wind; (2) a 2023 update to NREL's Atlantic wind speed 
data; and (3) a Joint Industry Project funded by DOE, and led by NREL 
and Cornell University, with additional funding and participation from 
offshore wind developers and BOEM to assess the

[[Page 67967]]

wake effect between adjacent offshore wind farms.

b. Call Area: Areas and Spatial Data Requiring Further Analysis

    Through the Central Atlantic 1 planning process BOEM received 
feedback from the Central Atlantic Task Force and the public through 
meetings and comment periods. The numbered non-exhaustive list below 
reflects areas and spatial data that BOEM heard about most frequently 
through feedback. Note that a description of areas and spatial data 
reflective of known DOD, USCG, NASA, and NPS concerns are described in 
sections 7.c-f.
    BOEM currently plans to consider the below described areas and 
spatial data in the WEA suitability model (described in section 7.a), 
which could result in a finding that they have low or high suitability 
for offshore wind. However, BOEM asks for additional information on the 
specific areas and spatial data listed below to inform BOEM about 
whether alternative action may be necessary (e.g., removing or 
constraining certain areas or components of spatial data prior to 
running the suitability model). Specifically, BOEM seeks data and 
science-based justifications for how boundaries and any buffers or 
setbacks should be determined for these areas and spatial data, as well 
as information regarding whether any effects from offshore wind could 
be mitigable.
i. Recreational and Commercial Fisheries
    Areas: Multiple specific areas of recreational and commercial 
fisheries concern have been communicated to BOEM, including the: 
Scallop Rotational Management Areas; Scup Southern Gear Restricted 
Areas; New Jersey Prime Fishing Areas; Maryland Recreational Fishing 
Areas; South Cape Lookout Spawning Special Management Zone; and the 
Snowy Grouper Wreck Marine Protected Area. BOEM is also aware of 
specific areas requested for avoidance within the Central Atlantic 1 
Call Area by the Blue Water Fishermen's Association and the Virginia 
Marine Resources Commission.
    Spatial Data: Multiple comments recommended the use of Vessel 
Monitoring System (VMS) data to reflect commercial fisheries efforts 
(e.g., all fisheries, ocean quahog, scallop, squid), noting the 
limitations of these data for the areas offshore North Carolina. 
Comments also recommended the use of Vessel Trip Report (VTR), logbook, 
and port-specific landings data. Fisheries independent survey data, 
such as the various long-term surf clam and scallop surveys, were 
recommended to represent potential areas of importance to those 
fisheries. Large Pelagic Survey data were recommended to represent 
recreational fishing efforts for highly migratory species, alongside 
other data reflective of areas of importance to sportfishing 
tournaments in the region.
    While the above list is not exhaustive, BOEM anticipates 
coordinating closely with NOAA Fisheries Greater Atlantic Regional 
Field Office (GARFO) and Southeast Regional Office (SERO) to determine 
the best available spatial data to represent commercial and 
recreational fisheries in the region.
ii. Marine Habitats
    Multiple comments recommended avoidance of the Carl N. Shuster 
Horseshoe Crab Reserve, artificial reefs, hardbottom and live bottom 
habitat areas, deep-sea coral areas, and submarine canyons (e.g., `The 
Point').
    While the above list is not exhaustive, BOEM anticipates 
coordinating closely with NOAA Fisheries GARFO and SERO to determine 
the best available spatial data to represent marine habitats in the 
region. This coordination may include development of a ``combined 
habitat data layer'' that provides a composite analysis of marine 
habitat areas of concern, similar to the approach utilized within the 
suitability model developed for Central Atlantic 1. For more 
information, please visit: https://www.boem.gov/renewable-energy/state-activities/central-atlantic-appendix-b-wea-final-report-nccos.
iii. Protected Species
    Multiple comments recommended avoidance of areas important to 
protected avian and marine species, such as the black-capped petrel, 
loggerhead sea turtles, and humpback whales. While the above list is 
not exhaustive, BOEM anticipates coordinating closely with the USFWS 
and NOAA Fisheries GARFO and SERO to determine the best available 
spatial data to represent protected species in the region. This may 
include the development of one or more ``combined protected species 
data layers'' that provides a composite analysis of protected species 
areas of concern, similar to the approach utilized within the 
suitability model developed for Central Atlantic 1. For more 
information, please visit: https://www.boem.gov/renewable-energy/state-activities/central-atlantic-appendix-b-wea-final-report-nccos.
iv. Industry and Navigation
    Multiple comments recommended avoidance of areas associated with 
munitions and explosives of concern (i.e., unexploded ordnance areas), 
ocean disposal sites, subsea cables (i.e., MAREA, BRUSA, DUNANT, 
GlobeNet, and Tat-14), wrecks and obstructions, and anchorage areas. 
BOEM will coordinate closely with the USCG and NASA on potential 
conflicts between the Call Area and: (a) the proposed shipping fairways 
along the Atlantic Coast of the United States described in the notice 
of proposed rulemaking (USCG-2019-0279-0032) in the Federal 
Register,\12\ and (b) the WFF composite hazard area.
---------------------------------------------------------------------------

    \12\ 89 FR 3587 (January 19, 2024).
---------------------------------------------------------------------------

    c. BOEM deferred a decision on the identification of additional 
WEAs in the Central Atlantic 1 deepwater Call Area areas (i.e., areas E 
and F; Figure 2) until BOEM could complete further study (for more 
information on these areas, please visit: https://www.boem.gov/renewable-energy/state-activities/central-atlantic. Multiple comments 
received through the Central Atlantic 1 planning process expressed 
concerns regarding natural resource conflicts within these areas, 
including the presence of the Frank R. Lautenberg Deep-Sea Coral 
Protection Area and areas of high density of black-capped petrel 
seabirds. BOEM seeks information regarding the technoeconomic 
feasibility of offshore wind energy development within the Central 
Atlantic 1 deepwater Call Areas, along with other information that may 
help BOEM determine the appropriateness of these areas for offshore 
wind leasing.
    d. Information regarding the identification of historic properties 
or potential effects to historic properties from leasing, site 
assessment activities (including the construction of meteorological 
towers or the installation of meteorological buoys), or commercial wind 
energy development in the Call Area. This includes potential offshore 
archaeological sites, cultural resources, or other historic properties 
within the areas described in this notice and onshore historic 
properties that could potentially be affected by renewable energy 
activities within the Call Area. This information will inform BOEM's 
review of future undertakings conducted pursuant to section 106 of the 
National Historic Preservation Act (NHPA) and the National 
Environmental Policy Act (NEPA).
    e. Information relating to visual and scenic resources, including 
seascape, landscape, and ocean character aesthetics; visually sensitive 
areas along the coastline that are sensitive to changes in ocean views 
(e.g., scenic seaside trails, National Park System

[[Page 67968]]

units, National Wildlife Refuges, state parks, historic districts, 
conservation areas, and other special designations with scenic value); 
suggestions for potential key observation points for evaluating 
potential visual impacts (i.e., places that people visit, recreate, 
work, and live where ocean views contribute to the quality of 
experience); general or specific public concerns over potential visual 
impacts by wind energy development; and potential strategies to help 
minimize or mitigate any visual effects. BOEM welcomes input on the 
degree of acceptable or unacceptable levels of offshore wind energy 
visibility as would be seen from the coastline, and thresholds of 
diminished or increased visibility as influenced by distances between 
onshore viewers and wind energy facilities. BOEM welcomes 
recommendations on minimum distances between the coastline and lease 
areas to minimize concerns over potential visual impacts.
    f. Information regarding the potential for interference with radar 
systems covering the Call Area, including, but not limited to, the use 
of surface and airborne radar systems for offshore search and rescue 
operations and environmental monitoring.
    g. Information regarding ongoing and future exploration for 
offshore sand resources, including nearshore resources and placement 
areas that may be impacted by new lease areas or possible electrical 
cable transmission routes. This includes pertinent information 
regarding future sand resource needs for the region. This information 
will be used in coordination with the USACE, BOEM's Marine Minerals 
Program, and other stakeholders to analyze multi-use conflicts.
    h. Information on the constraints and advantages of possible 
electrical cable transmission routes, including onshore landing and 
interconnection points for cables connecting offshore wind energy 
facilities to the onshore electrical grid, and information regarding 
future demand for electricity in the region.
    i. BOEM is continuing to take a planned approach to transmission, 
including potentially requiring the use of shared infrastructure for 
interconnection, where appropriate. BOEM requests expressions of 
general interest by developers in the potential development and use of 
shared transmission infrastructure. This could include agreements among 
offshore wind lessees for shared systems or the independent development 
of transmission systems, including backbone or networked systems. For 
independent systems, BOEM may need to issue a Right of Way Grant or 
Right of Use Easement, which would involve a separate process from the 
competitive lease sale that may result from Central Atlantic 2. 
Feedback may also include comments from potential lessees on ways to 
better incentivize the use of shared infrastructure for transmission. 
BOEM also recognizes that the region identified could interconnect in 
both the PJM area or independent states and, therefore, is interested 
in receiving feedback on obstacles and opportunities for interregional 
systems.
    j. Information regarding the size and number of WEAs, taking into 
consideration the offshore wind energy goals of states surrounding the 
Call Area. BOEM requests further information on what additional factors 
it should consider in determining the size and number of WEAs.
    k. Information regarding potential auction formats that BOEM may 
consider as part of the leasing process.
    l. Information related to Tribal Nations in the Central Atlantic 
region and interactions with potential offshore wind energy facilities, 
such as potential impacts to Tribal cultural practices; lands; treaty 
rights; resources; ancestral lands; sacred sites, including sites that 
are submerged; access to traditional areas of cultural or religious 
importance on federally managed lands and waters; and the ability of a 
Tribe to govern or provide services to its members. BOEM will protect 
confidential information shared by Tribes in response to this Call to 
the extent authorized by federal law. Treatment of confidential 
information is addressed in section 10 of this notice entitled, 
``Protection of Privileged, Personal, or Confidential Information.''
    m. Socioeconomic information for communities potentially affected 
by wind energy leasing in the Call Area, including community profiles, 
vulnerability and resiliency data, and information on environmental 
justice communities. BOEM also solicits comments on how to best 
meaningfully engage with these communities.
    n. Information on coastal or onshore activities needed to support 
offshore wind energy development, such as port and transmission 
infrastructure, and associated potential impacts to recreation, scenic, 
cultural, historical, and natural resources relating to those 
activities.
    o. Any other relevant information that you think BOEM should 
consider during its planning and decision-making process for the 
purpose of identifying areas to lease within the Call Area.

9. Required Nomination Information

    BOEM previously received information that its former practice of 
publishing the areas nominated by each qualified company in response to 
a Call may disincentivize entities from submitting nominations. 
Nominations and the accompanying rationale are extremely useful to help 
BOEM understand and model the commercial viability of portions of the 
OCS. Therefore, BOEM will not publish individual maps of each qualified 
company's nominations received in response to this Call. BOEM will 
publish a heatmap that shows an aggregated view of all the nominations 
and a list of the qualified companies that submitted nominations. Where 
applicable, qualified companies should submit spatial information in a 
format compatible with ESRI ArcGIS (ESRI shapefile or ESRI file 
geodatabase) in the NAD 83 geographic coordinate system.
    BOEM deferred a decision on the identification of additional WEAs 
in the Central Atlantic 1 deepwater Call Area areas (i.e., areas E and 
F; Figure 2) until BOEM could complete further study. As part of 
Central Atlantic 1 published in mid-2022, BOEM received nominations 
from companies within these Call Area areas (for more information, 
please visit: https://www.boem.gov/renewable-energy/state-activities/central-atlantic). BOEM is accepting nominations within the deepwater 
Call Area areas, and depending upon the level of industry interest 
indicated by potential nominations and the consideration of other 
information received related to section 8.c above, BOEM may consider 
further evaluation of these areas as part of the Central Atlantic 2 
planning and leasing process.
    If you wish to nominate one or more areas for a commercial wind 
energy lease within the Call Area or the Central Atlantic 1 deepwater 
Call Area areas E and F, you must provide the following information for 
each nomination:
    (a) The BOEM protraction name, number, and the specific whole or 
partial OCS blocks within the Call Area that you are interested in 
leasing. If your nomination includes one or more partial blocks, please 
describe those partial blocks in terms of sixteenths (i.e., sub-block) 
of an OCS block. Each area you nominate should be sized appropriately 
to accommodate the development of a reasonable wind energy facility 
(e.g., a facility with the generation capacity of up to 1,500 
megawatts). For context, BOEM would consider the nomination of an area 
containing 150,000 acres appropriate to support a generation

[[Page 67969]]

capacity of up to 2,428 megawatts (assuming a 4-MW/km\2\ wind turbine 
density). Nominations that considerably exceed the acreage needed to 
support a generation capacity of up to 2,428 megawatts, such as a 
nomination for the entire Call Area, may be deemed unreasonable and not 
accepted by BOEM.
    (b) A rationale describing why you selected the nominated areas. 
The more detailed the rationale provided, the more informative it will 
be to BOEM's process. BOEM is particularly interested in how factors 
like wind speed, water depth, seafloor slope and bottom type, and 
interconnection points factor into the nomination process.
    (c) A description of your objectives and the facilities that you 
would use to achieve those objectives.
    (d) A preliminary schedule of proposed activities, including those 
leading to commercial operations.
    (e) Available and pertinent data and information concerning 
renewable energy resources and environmental conditions in each area 
that you wish to lease, including energy and resource data, and other 
information used to evaluate the area.
    (f) Documentation demonstrating that you are legally, technically, 
and financially qualified to hold an OCS wind energy lease, as set 
forth in 30 CFR 585.107--585.108. Qualification materials should be 
developed in accordance with the guidelines available at https://www.boem.gov/Renewable-Energy-Qualification-Guidelines. For examples of 
documentation appropriate for demonstrating your legal qualifications 
and related guidance, contact Gina Best, BOEM Office of Renewable 
Energy Programs, at [email protected] or 703-787-1341.

10. Protection of Privileged, Personal, or Confidential Information

a. Freedom of Information Act

    BOEM will protect privileged or confidential information you submit 
when 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 585.114(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.
    BOEM will not treat as confidential any aggregate summaries of such 
information or comments not containing such privileged or confidential 
information. Information that is not labeled as privileged or 
confidential may be regarded by BOEM as suitable for public release.

b. Personally Identifiable Information

    BOEM encourages you not to submit 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. All submissions from identified 
individuals, businesses, and organizations will be available for public 
viewing on regulations.gov. 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.
    For BOEM to consider withholding your PII from disclosure, you must 
identify any information contained in 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. Even if BOEM withholds your information in the 
context of this Call, your submission is subject to FOIA and, if your 
submission is requested under the FOIA, your information will be 
withheld only 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's FOIA regulations and applicable law.

c. Section 304 of the NHPA (54 U.S.C. 307103(a))

    After consultation with the Secretary, 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 the NHPA as confidential.

11. BOEM's Environmental Review Process

    Before deciding whether leases may be issued, BOEM will prepare an 
environmental assessment (EA) under NEPA (including public comment 
periods to determine the scope of the EA and to review and comment on 
the draft EA). The EA will analyze anticipated impacts from leasing 
within the WEAs and site characterization and assessment activities 
expected to occur after a lease is issued. Site characterization 
activities include geophysical, geotechnical, archaeological, and 
biological surveys, and site assessment activities including the 
installation and operation of meteorological buoys. BOEM will also 
conduct appropriate consultations with Federal agencies and Tribal, 
State, and local governments during preparation of the EA. These 
consultations include, but are not limited to, those required by the 
Coastal Zone Management Act, the Magnuson-Stevens Fishery Conservation 
and Management Act, the Endangered Species Act, section 106 of the 
NHPA, and Executive Order 13175, ``Consultation and Coordination with 
Indian Tribal Governments.''
    Before BOEM allows any construction of a wind energy project in the 
Call Area, BOEM must approve a construction and operations plan (COP) 
submitted by a Lessee. Prior to the approval of a COP, BOEM will need 
to consider the potential environmental effects of the construction and 
operation of any wind energy facility under a separate, project-
specific NEPA analysis. This analysis will include additional 
opportunities for public involvement and may result in the publication 
of an environmental impact statement.

Walter Cruickshank,
Deputy Director, Bureau of Ocean Energy Management.
[FR Doc. 2024-18841 Filed 8-21-24; 8:45 am]
BILLING CODE 4340-98-P