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Notice2021-16134

Commercial Leasing for Wind Power Development on the Outer Continental Shelf (OCS) Offshore Morro Bay, California, East and West Extensions-Call for Information and Nominations (Call or Notice)

Primary source

Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.

Published

July 29, 2021

Issuing agencies

Interior DepartmentOcean Energy Management Bureau

Abstract

This Call is published to solicit public input and industry interest on potential offshore wind energy development on areas adjacent to the Morro Bay Call Area previously identified in 2018. These new areas are within a 399-square-mile area located off central California, identified as the Morro Bay 399 Area.

Full Text

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<title>Federal Register, Volume 86 Issue 143 (Thursday, July 29, 2021)</title>
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[Federal Register Volume 86, Number 143 (Thursday, July 29, 2021)]
[Notices]
[Pages 40869-40873]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16134]

[[Page 40869]]

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DEPARTMENT OF THE INTERIOR

Bureau of Ocean Energy Management

[Docket No. BOEM-2021-0044]

Commercial Leasing for Wind Power Development on the Outer
Continental Shelf (OCS) Offshore Morro Bay, California, East and West
Extensions--Call for Information and Nominations (Call or Notice)

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

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

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SUMMARY: This Call is published to solicit public input and industry
interest on potential offshore wind energy development on areas
adjacent to the Morro Bay Call Area previously identified in 2018.
These new areas are within a 399-square-mile area located off central
California, identified as the Morro Bay 399 Area.

DATES: BOEM must receive nominations and public comments by September
13, 2021.

ADDRESSES: Submit nominations for a lease area following the
instructions in section 7, ``Required Nomination Information,'' under
SUPPLEMENTARY INFORMATION to: BOEM, Office of Strategic Resources, 760
Paseo Camarillo (Suite 102), Camarillo, California 93010.
Comments and other information may be submitted by either of the
following two methods:
1. Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. In the
search box, enter BOEM-2021-0044 and then click ``search.'' Follow the
instructions to submit public comments and view supporting and related
materials available for this notice.
2. U.S. Postal Service or other delivery service. Send your
comments and information to the following address: Bureau of Ocean
Energy Management, Office of Strategic Resources, 760 Paseo Camarillo
(Suite 102), Camarillo, California 93010.
All submissions, including any personally identifiable information
included in your comment, will be reported on <a href="http://www.regulations.gov">http://www.regulations.gov</a>. For additional information on sending comments and
protecting your confidentiality, see section 8, ``Protection of
Privileged or Confidential Information,'' under SUPPLEMENTARY
INFORMATION.

FOR FURTHER INFORMATION CONTACT: Jean Thurston-Keller, BOEM California
Intergovernmental Renewable Energy Task Force Coordinator, BOEM, Office
of Strategic Resources, 760 Paseo Camarillo (Suite 102), Camarillo,
California 93010, (805) 384-6303, or <a href="/cdn-cgi/l/email-protection#305a55515e1e4458454243445f5e1d5b555c5c554270525f555d1e575f46"><span class="__cf_email__" data-cfemail="dcb6b9bdb2f2a8b4a9aeafa8b3b2f1b7b9b0b0b9ae9cbeb3b9b1f2bbb3aa">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Authority

This Call is published pursuant to 43 U.S.C. 1337(p)(3) and the
implementing regulations at 30 CFR part 585.

Call Area

The call areas described in this notice are located on the OCS
offshore central California and are delineated as the Morro Bay Call
Area East Extension and the Morro Bay Call Area West Extension
(together, the Call Area Extensions). These areas include 2 whole OCS
blocks and 221 partial blocks and comprise approximately 141 square
statute miles (mi) (90,025 acres). BOEM will identify which, if any,
portions of the Call Area Extensions and the Morro Bay Call Area will
undergo environmental analysis and consideration for leasing as part of
area identification (Area ID) during the competitive leasing process.
Section 5, ``Description of the Area,'' provides a detailed description
and developmental history of the Call Area Extensions.

Purpose of the Call for Information and Nominations

The OCS Lands Act requires BOEM to award leases competitively
unless BOEM determines that there is no competitive interest (43 U.S.C.
1337(p)(3)). On October 19, 2018, BOEM published a call for information
and nominations to solicit commercial interest in wind energy leases
within three areas identified offshore California (83 FR 53096).
In this current notice, BOEM solicits information on the Call Area
Extensions, as well as new nominations of commercial interest from
entities that were not previously qualified by BOEM and did not submit
a nomination for the Morro Bay Call Area in 2018. Entities who
submitted nominations of commercial interest for the Morro Bay Call
Area in 2018 do not need to respond to this Call unless they want to
nominate portions of the Call Area Extensions.
BOEM determined that competitive interest existed in the Morro Bay
Call Area after reviewing the nominations submitted in 2018. BOEM
assumes that competitive interest will be expressed in the Call Area
Extensions described in this notice given their geographical proximity
to the Morro Bay Call Area. Depending on the comments received in
response to this Call, BOEM may or may not proceed with the competitive
leasing process set forth in 30 CFR 585.211 through 585.225. This
process is explained in detail in section 3, ``BOEM's Planning and
Leasing Process.''
A lease does not grant the lessee the right to construct any
facilities on the leasehold. Rather, the lease grants the lessee the
exclusive right to submit site assessment and construction and
operations plans to BOEM, which BOEM may approve, modify, or
disapprove. The lessee must obtain BOEM's approval of its plans before
it may proceed to the next stage of the process (30 CFR 585.600 and
585.601).
BOEM's leasing process includes opportunities for the public to
provide input, and any proposed leasing actions will be reviewed
thoroughly for potential environmental impacts and multiple use
conflicts. The areas that may be offered for lease, if any, have not
yet been determined and may include less than the total footprint of
the Call Area Extensions.
Although this notice is not itself a leasing announcement, the area
described herein, or portions thereof, may be available for future
leasing. Parties wishing to submit a nomination of commercial interest
in response to this Call should submit detailed and specific
information in response to the requirements described in section 7,
``Required Nomination Information.'' This notice also requests comments
and information regarding site conditions, resources, and multiple uses
in close proximity to, or within, the Call Area Extensions that would
be relevant to BOEM's review of the nominations and to any subsequent
decision whether to offer all or part of the Call Area Extensions for
commercial wind energy leasing. Information that BOEM is requesting is
described in section 6, ``Requested Information from Interested or
Affected Parties.''

1 Background

On October 19, 2018, BOEM published a call for information and
nominations in the Federal Register (2018 Call) that identified three
(3) geographically distinct call areas on the OCS offshore California,
delineated as the Humboldt Call Area offshore the north coast and the
Morro Bay Call Area and the Diablo Canyon Call Area offshore the
central coast.
Based on the 2018 Call, BOEM previously decided to move forward
with the leasing process for the Humboldt Call Area. That area is not
addressed in this notice.
Following the 2018 Call, the Morro Bay and Diablo Canyon Call Areas
were initially assessed as incompatible for wind energy development by
the U.S.

[[Page 40870]]

Department of Defense (DoD). However, after that initial assessment,
BOEM, the State of California, various California elected officials,
the National Oceanic and Atmospheric Administration's Office of
National Marine Sanctuaries (ONMS) and DoD continued discussions and
stakeholder outreach to find a solution that accommodated offshore wind
development on the central coast and DoD's mission requirements. More
information and results of these meetings and outreach can be viewed
at: <a href="https://www.boem.gov/renewable-energy/state-activities/public-information-meetings-and-outreach-efforts">https://www.boem.gov/renewable-energy/state-activities/public-information-meetings-and-outreach-efforts</a>.
In May 2021, the Department of the Interior, DoD, and the State of
California agreed to advance areas for possible wind energy development
offshore the northern and central coasts of California, enabling a path
forward for the Humboldt Call Area and areas within and adjacent to the
Morro Bay Call Area (<a href="https://www.doi.gov/pressreleases/biden-harris-administration-advances-offshore-wind-pacific">https://www.doi.gov/pressreleases/biden-harris-administration-advances-offshore-wind-pacific</a>). With this notice, BOEM
is examining the Call Area Extensions adjacent to the Morro Bay Call
Area but is not considering the Diablo Canyon Call Area.
After reviewing the information received in response to this Call,
BOEM may combine all or portions of the Call Area Extensions with all
or portions of the Morro Bay Call Area into one or more Wind Energy
Areas (WEA) that would be subject to environmental analysis and
consideration for leasing. It is unnecessary for those who previously
nominated areas within the 2018 Morro Bay Call Area to do so again.

1.1 The Energy Policy Act of 2005 (EPAct)

The EPAct amended the OCS Lands Act by adding subsection 8(p),\1\
which authorizes the Secretary of the Interior to grant leases,
easements, and rights-of-way (ROWs) on the OCS for activities not
previously authorized by the OCS Lands Act or other applicable law.
Under subsection 8(p)(1)(C), the Secretary may issue leases for
activities 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
issue leases, easements, and ROWs to the Director of BOEM.
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\1\ Codified at 43 U.S.C. 1337(p).
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1.2 Offshore Wind Energy Planning Efforts in California

BOEM appreciates the importance of coordinating its planning with
relevant Federal agencies, Tribes, State agencies, and other OCS users.
BOEM and the State of California, through the leadership of the
California Energy Commission, have engaged in a collaborative, data-
based offshore wind energy planning process in order to foster
coordinated and informed decisions about California's shared ocean
resources and the many users who depend on them. This outreach has
consisted of numerous public meetings, webinars, and briefings with
coastal communities, fishing communities, federally and non-federally
recognized Tribes, State and Federal agencies, academia, scientists,
environmental non-governmental organizations, and the offshore
renewable energy industry. The summary report on this outreach can be
viewed at: <a href="https://www.boem.gov/California-Outreach-Summary-Report/">https://www.boem.gov/California-Outreach-Summary-Report/</a>.
Additional information gathered by BOEM and the State of California
during the offshore wind energy planning process, including maps and
spatially represented data, is available online at: <a href="https://caoffshorewind.databasin.org/">https://caoffshorewind.databasin.org/</a>.

1.3 BOEM California Intergovernmental Renewable Energy Task Force

At the request of Governor Brown, BOEM established an
intergovernmental renewable energy task force with California in 2016
(Task Force) to facilitate coordination among relevant Federal agencies
and affected Tribal, State, and local governments throughout the
leasing process. The Task Force met three times: October 13, 2016;
September 17, 2018; and March 9, 2020. Meeting materials are available
on the BOEM website at: <a href="https://www.boem.gov/California/">https://www.boem.gov/California/</a>.

1.4 Actions Taken by the State of California in Support of Renewable
Energy Development

In 2002, the State of California established a renewables portfolio
standard (RPS), which establishes how much of California's electricity
should be powered by renewable energy resources. California expanded
the RPS in 2015 through passage of the Clean Energy and Pollution
Reduction Act, and through passage of Senate Bill 100 (SB 100), the 100
Percent Clean Energy Act of 2018. SB 100 increased the State's RPS to
50 percent by 2025 and 60 percent by 2030, and provides that renewable
energy resources and zero-carbon resources supply 100 percent of retail
sales of electricity to California end-use customers and 100 percent of
electricity procured to serve state agencies by December 31, 2045.
California's RPS is one of the most ambitious renewable energy
standards in the country. Additional information about California's RPS
is available at: <a href="https://www.cpuc.ca.gov/industries-and-topics/electrical-energy/electric-power-procurement/rps">https://www.cpuc.ca.gov/industries-and-topics/electrical-energy/electric-power-procurement/rps</a> and <a href="https://www.energy.ca.gov/programs-and-topics/programs/renewables-portfolio-standard">https://www.energy.ca.gov/programs-and-topics/programs/renewables-portfolio-standard</a>. The full text of SB 100 is available at: <a href="https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB100">https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB100</a>.

2 BOEM's Environmental Review Process

Prior to deciding whether and where leases may be issued, BOEM will
prepare an environmental assessment (EA) and conduct appropriate
consultations to consider the environmental consequences associated
with issuing commercial wind energy leases. As any lease that BOEM
intends to issue would not grant the right to construct any facilities
within the leasehold, the EA will consider the environmental
consequences associated with leasing, site assessment, and site
characterization activities (including geophysical, geotechnical,
archaeological, and biological surveys). If BOEM issues a lease and the
lessee proposes the construction and operation of offshore wind energy
facilities, BOEM will identify, analyze, and consider the environmental
effects of such construction and operation through a separate, project-
specific process under the National Environmental Policy Act (NEPA),
which will include additional opportunities for public involvement. At
that time, BOEM also will conduct further coordination and
consultation, including, but not limited to, those which may be
required under the Coastal Zone Management Act, Endangered Species Act,
the Magnuson-Stevens Fishery Conservation and Management Act, section
106 of the National Historic Preservation Act (NHPA), and Executive
Order 13175 (``Consultation and Coordination With Tribal
Governments'').

3 BOEM's Planning and Leasing Process

3.1 Determination of Competitive Interest

As stated in 43 U.S.C. 1337(p)(3), ``the Secretary shall issue a
lease, easement, or right-of-way . . . on a competitive

[[Page 40871]]

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 competitive
interest exists in the Call Area Extensions for the purpose of offshore
wind energy development. At the conclusion of the comment period for
the 2018 Call, BOEM reviewed the 14 nominations received and determined
competitive interest existed in the Morro Bay Call Area. BOEM may
proceed with competitive leasing as described in section 3.2,
``Competitive Leasing Process.''
BOEM will not issue any leases until it has completed the necessary
consultations and environmental analysis and given the public an
opportunity to comment. BOEM reserves the right to determine which, if
any, of the nominated areas within the Morro Bay Call Area and Call
Area Extensions will be leased and to modify such areas from their
original, proposed description before offering them for lease.

3.2 Competitive Leasing Process

If, BOEM proceeds with the competitive leasing process for certain
areas after receiving nominations and responses to this Call, BOEM will
follow the steps required by 30 CFR 585.211 through 585.225.
(1) Area Identification: After reviewing the information submitted
in response to this Call, BOEM may combine all or portions of the Call
Area Extensions with all or portions of areas identified in response to
the 2018 Call into one or more WEA, subject to environmental analysis
in consultation with appropriate Federal agencies, Tribes, States,
local governments, and other interested parties.
(2) Proposed Sale Notice (PSN): If BOEM decides to proceed with a
competitive lease sale within a WEA after its environmental analysis,
BOEM will publish a PSN in the Federal Register with a comment period
of 60 days. The PSN will describe each lease area BOEM intends to
offer, the proposed conditions of a lease auction, the proposed lease
auction format, and the lease document, including 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, if BOEM decides to proceed with a competitive lease sale, BOEM
will publish the FSN in the Federal Register at least 30 days before
the date of the lease sale.
(4) Bid Submission and Evaluation: Following publication of the
FSN, BOEM will offer each lease area through a competitive sale
process, using procedures specified in the FSN. BOEM will ensure that
bidders have complied with all applicable regulations. BOEM reserves
the right to reject any or all bids or to withdraw an offer to lease an
area, even after bids have been submitted.
(5) Issuance of a Lease: Following BOEM's selection of the winning
bid on a lease area, BOEM will notify the successful bidder and provide
that bidder with a set of official lease documents for signature. The
successful bidder will be required to sign and return the lease
documents, pay the remainder of the 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 properly signed lease documents, BOEM may execute a
lease with the successful bidder.

4 Development of the Call Area Extensions

In coordination with the State of California, BOEM held multiple
stakeholder outreach meetings in central California to obtain input
into the development of additional areas in and around the Morro Bay
Call Area identified in 2018 and to gather data and information to use
in BOEM's decision-making process. BOEM, the State of California, State
elected officials, ONMS, and DoD conducted additional outreach and
engagement to determine if any additional areas in and around the Morro
Bay Call Area should be considered for potential leasing. More
information on these meetings and outreach can be viewed at: <a href="https://www.boem.gov/renewable-energy/state-activities/public-information-meetings-and-outreach-efforts">https://www.boem.gov/renewable-energy/state-activities/public-information-meetings-and-outreach-efforts</a>. The DoD expressed concerns regarding
military activities and compatibility with offshore wind energy
development during these meetings and outreach.
The DoD conducts offshore testing, training, and operations on the
OCS offshore the central coast of California. Because the DoD testing,
training, and operations off the coast of California are essential to
national security, DoD played a critical role in identifying these new
areas for offshore wind development. The Department of the Interior, in
close coordination with the DoD, identified the Call Area Extensions to
advance the planning for wind energy development offshore Morro Bay
(<a href="https://www.doi.gov/pressreleases/biden-harris-administration-advances-offshore-wind-pacific">https://www.doi.gov/pressreleases/biden-harris-administration-advances-offshore-wind-pacific</a>). Through this Call, BOEM requests
information and nominations regarding the Call Area Extensions so that
potential use conflicts can be analyzed and considered in the Area ID
stage of the leasing process.
BOEM's subsequent analysis during Area ID will evaluate the Call
Area Extensions and the Morro Bay Call Area for appropriateness for
offshore wind energy development, balanced against potential ocean user
conflicts. After conducting environmental reviews and associated
consultations, analyzing public comments, and coordinating with other
government agencies through the Task Force, BOEM anticipates developing
and incorporating terms and conditions--including any measures
necessary to mitigate impacts--at the leasing and site assessment and
characterization phases. This Call allows additional stakeholders to
provide input on the Call Area Extensions prior to further modification
during the Area ID process.

5 Description of the Area

The Call Area Extensions are described geographically in this
section. A map of the Call Area Extensions, the Morro Bay Call Area,
and associated GIS files, which are located in UTM Zone 10N, NAD 83
Datum, can be found at the following URL: <a href="https://www.boem.gov/California/">https://www.boem.gov/California/</a>.

Morro Bay Call Area East Extension

The boundary of Morro Bay Call Area East Extension begins 21 mi
offshore Cambria, California. The area is about 7 mi in length from
north to south and about 3 mi in width from east to west. The entire
area is approximately 23 square mi (14,589 acres) and is described in
the table below:

[[Page 40872]]

East Extension.................... San Luis Obispo...... NI10-03 6508 A, B, C, D, E, F, G,
H, J, K, L, O, P.
East Extension.................... San Luis Obispo...... NI10-03 6509 E, I, J, M, N, O.
East Extension.................... San Luis Obispo...... NI10-03 6558 D.
East Extension.................... San Luis Obispo...... NI10-03 6559 A, B, C, D, E, F, G,
H.
East Extension.................... San Luis Obispo...... NI10-03 6560 E.
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Morro Bay Call Area West Extension

The boundary of Morro Bay Call Area West Extension begins 35 mi
offshore Cambria, California. The area is about 23 mi in length from
north to south and about 11 mi in width from east to west. The entire
area is approximately 118 square mi (75,436 acres) and is described in
the table below:

----------------------------------------------------------------------------------------------------------------
Official
Area Official protraction protraction Block No. Sub-block
diagram name diagram No.
----------------------------------------------------------------------------------------------------------------
West Extension.................... San Luis Obispo...... NI10-03 6251 A, E, F, G, I, J, M,
N.
West Extension.................... San Luis Obispo...... NI10-03 6301 A, B, E, F, I, J, N.
West Extension.................... San Luis Obispo...... NI10-03 6451 M.
West Extension.................... San Luis Obispo...... NI10-03 6501 A, E, F, I, J, K, L,
N, O, P.
West Extension.................... San Luis Obispo...... NI10-03 6502 M, N, O, P.
West Extension.................... San Luis Obispo...... NI10-03 6503 J, M, N, O, P.
West Extension.................... San Luis Obispo...... NI10-03 6551 C, D, H.
West Extension.................... San Luis Obispo...... NI10-03 6552 A, B, C, D, E, F, G,
H, I, J, K, L.
West Extension.................... San Luis Obispo...... NI10-03 6553 A, B, C, D, E, F, G,
H, I, J, K, L.
West Extension.................... San Luis Obispo...... NI10-03 6554 A, B, C, E, F, G, H,
I, J, K, L.
West Extension.................... San Luis Obispo...... NI10-03 6555 E, F, I, J, K.
West Extension.................... Sur Canyon........... NI10-02 6237 C, D, H, L, P.
West Extension.................... Sur Canyon........... NI10-02 6238 A, B, C, E, F, G, H,
I, J, K, L, M, N, O,
P.
West Extension.................... Sur Canyon........... NI10-02 6239 E, F, I, J, K, L, M,
N, O, P.
West Extension.................... Sur Canyon........... NI10-02 6240 M, N, O.
West Extension.................... Sur Canyon........... NI10-02 6288 B, C, D, F, G, H, J,
K, L, P.
West Extension.................... Sur Canyon........... NI10-02 6289 All.
West Extension.................... Sur Canyon........... NI10-02 6290 All.
West Extension.................... Sur Canyon........... NI10-02 6339 D, H, L, P.
West Extension.................... Sur Canyon........... NI10-02 6340 A, B, C, D, E, F, G,
H, I, J, K, L, M, N.
West Extension.................... Sur Canyon........... NI10-02 6389 B, C, D, F, G, H, J,
K, L, N, O, P.
West Extension.................... Sur Canyon........... NI10-02 6390 A, E, I.
West Extension.................... Sur Canyon........... NI10-02 6439 B, C, D, G, H, K, L,
P.
West Extension.................... Sur Canyon........... NI10-02 6440 E, I, M.
West Extension.................... Sur Canyon........... NI10-02 6489 D.
West Extension.................... Sur Canyon........... NI10-02 6490 A, B, E, F, G, J, K,
L, N, O, P.
West Extension.................... Sur Canyon........... NI10-02 6540 C, D, H.
----------------------------------------------------------------------------------------------------------------

6 Requested Information From Interested or Affected Parties

BOEM requests specific and detailed comments from the public and
interested or affected parties regarding the following:
1. Geological, geophysical, and biological conditions (including
bottom and shallow hazards and live bottoms) in the Call Area
Extensions.
2. Known archaeological or cultural resource sites on the seabed in
the Call Area Extensions.
3. Historic properties potentially affected by site
characterization and assessment or commercial wind energy development
in the Call Area Extensions. This information will inform BOEM's review
of future undertakings under section 106 of NHPA and under NEPA.
4. Other uses of the Call Area Extensions, including navigation (in
particular, commercial and recreational vessel use), recreation, and
fisheries (commercial and recreational).
5. Additional information regarding recreational and commercial
fisheries that operate within the Call Area Extensions, including, but
not limited to, the use of the area, the fishing gear types used,
seasonal use, and suggestions for reducing use conflicts.
6. Available and pertinent data and information concerning
renewable energy resources and environmental conditions in and around
the Call Area Extensions. Where applicable, spatial information should
be submitted in a format compatible with ArcGIS 10.5 in a geographic
coordinate system (NAD 83).
7. Information relating to the visual resources and aesthetics of
the Call Area Extensions, the potential impacts of wind turbines
located within the Call Area Extensions to those resources, and
potential strategies to help mitigate or minimize any visual effects.
8. Relevant socioeconomic, biological, and environmental
information.
9. Any other relevant information BOEM should consider during its
planning and decision-making process for the purpose of issuing leases
in the Call Area Extensions.

7 Required Nomination Information

All interested entities should submit their nomination for any
possible commercial wind energy lease area

[[Page 40873]]

within the Call Area Extensions in response to this Call. If you intend
to submit one or more nominations, you must provide the following
information for each nomination:
1. The BOEM Protraction Diagram name and number, and the specific
whole or partial OCS blocks within the Call Area Extensions that you
are interested in leasing, inclusive of any potential buffers with
adjacent leases. This information should be submitted as a spatial file
compatible with ArcGIS 10.5 in a geographic coordinate system (NAD 83)
in addition to your hard copy submittal. If a proposed lease area
includes one or more partial blocks, please describe those partial
blocks in terms of a sixteenth (i.e., sub-block) of an OCS block.
2. A description of your objectives and the facilities that you
would use to achieve those objectives.
3. A preliminary schedule of proposed activities, including those
leading to commercial operations.
4. Available and pertinent data and information concerning
renewable energy resources and environmental conditions in any area
that you nominate, including energy and resource data and information
used to evaluate the area. Where applicable, spatial information should
be submitted in a format compatible with ArcGIS 10.5 in a geographic
coordinate system (NAD 83).
5. Documentation demonstrating that you are legally qualified to
hold a lease, as set forth in 30 CFR 585.106 and 585.107(c). Examples
of the documentation appropriate for demonstrating your legal
qualifications and related guidance can be found in Chapter 2 and
Appendix B of the BOEM Renewable Energy Framework Guide Book available
at <a href="https://www.boem.gov/sites/default/files/documents/about-boem/Qualification%20Guidelines.pdf">https://www.boem.gov/sites/default/files/documents/about-boem/Qualification%20Guidelines.pdf</a>. Legal qualification documents will be
placed in an official file that may be made available for public
review. If you wish that any part of your legal qualification
documentation be kept confidential, clearly identify what should be
kept confidential, and submit it under separate cover (see section 8,
``Protection of Privileged or Confidential Information''). Entities who
submitted nominations of interest for the Morro Bay Call Area in
response to the 2018 Call do not need to submit this information again.
6. Documentation demonstrating that you are technically and
financially capable of constructing, operating, maintaining, and
decommissioning the facilities described in 7(2) above, as set forth in
30 CFR 585.107(a). Guidance regarding the required documentation to
demonstrate your technical and financial qualifications can be found
at: <a href="http://www.boem.gov/Renewable-Energy-Program/Regulatory-Information/QualificationGuidelines-pdf.aspx">http://www.boem.gov/Renewable-Energy-Program/Regulatory-Information/QualificationGuidelines-pdf.aspx</a>. Entities who submitted
nominations of interest for the Morro Bay Call Area in response to the
2018 Call do not need to submit this information again.
7. Any documentation you submit to demonstrate your legal,
technical, and financial qualifications must be provided to BOEM in
both paper and electronic formats. BOEM considers an Adobe PDF file on
a storage media device to be an acceptable format for an electronic
copy.
You are not required to submit a nomination in response to this
Call to participate in a potential future competitive lease sale
offshore California. However, you will be required to demonstrate to
BOEM that you are legally, technically, and financially qualified to
hold a BOEM-issued renewable energy lease before you will be allowed to
participate in a competitive lease sale. To ensure that BOEM has
sufficient time to process your qualifications package, you should
submit this package before or during the PSN 60-day public comment
period. More information can be found at: <a href="http://www.boem.gov/Renewable-Energy-Program/Regulatory-Information/QualificationGuidelines-pdf.aspx">http://www.boem.gov/Renewable-Energy-Program/Regulatory-Information/QualificationGuidelines-pdf.aspx</a>.
BOEM will list the parties that submitted nominations and the
locations of the proposed lease areas (i.e., OCS blocks nominated) on
the BOEM website after the comment period has closed.

8 Protection of Privileged or Confidential Information

8.1 Freedom of Information Act

Under the Freedom of Information Act (FOIA), BOEM will protect the
privileged or confidential information that you submit. 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 if 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 information. Additionally,
BOEM will not treat as confidential (1) the legal title of the
nominating entity (for example, the name of your company), or (2) the
list of whole or partial blocks that you are nominating. Information
that is not labeled as privileged or confidential will be regarded by
BOEM as suitable for public release.

8.2 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 other personally
identifiable information that you submit, may be made publicly
available at any time. All submissions from identified individuals,
businesses, and organizations will be available for public viewing on
<a href="http://regulations.gov">regulations.gov</a>.
In order for BOEM to withhold from disclosure your personally
identifiable information, 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.

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

BOEM is required, after consultation with the Secretary, to
withhold the location, character, or ownership of historic resources if
it determines that disclosure may, among other things, risk harm to the
historic resources or impede the use of a traditional religious site by
practitioners. Tribal entities should designate information that falls
under section 304 of NHPA as confidential.

Amanda Lefton,
Director, Bureau of Ocean Energy Management.
[FR Doc. 2021-16134 Filed 7-28-21; 8:45 am]
BILLING CODE 4310-MR-P

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.