Notice2022-17922
Research Lease on the Outer Continental Shelf (OCS) in the Gulf of Maine, Request for Competitive Interest (RFCI)
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
August 19, 2022
Issuing agencies
Interior DepartmentOcean Energy Management Bureau
Abstract
This notice describes the State of Maine's proposal for an OCS lease in the Gulf of Maine to conduct wind energy research activities; invites indications of interest in acquiring a commercial wind energy lease within an area of approximately 68,320 acres identified in the "Description of the RFCI Area" section of this notice, which includes the area identified by Maine (hereinafter, the "RFCI Area"); and solicits public input regarding Maine's proposal, the potential for commercial leasing in the RFCI Area, the potential resultant environmental impacts, and other uses of the area.
Full Text
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<title>Federal Register, Volume 87 Issue 160 (Friday, August 19, 2022)</title>
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[Federal Register Volume 87, Number 160 (Friday, August 19, 2022)]
[Notices]
[Pages 51134-51141]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-17922]
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DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
[Docket No. BOEM-2022-0041]
Research Lease on the Outer Continental Shelf (OCS) in the Gulf
of Maine, Request for Competitive Interest (RFCI)
AGENCY: Bureau of Ocean Energy Management (BOEM), Interior.
ACTION: Requests for competitive interest and public comment.
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[[Page 51135]]
SUMMARY: This notice describes the State of Maine's proposal for an OCS
lease in the Gulf of Maine to conduct wind energy research activities;
invites indications of interest in acquiring a commercial wind energy
lease within an area of approximately 68,320 acres identified in the
``Description of the RFCI Area'' section of this notice, which includes
the area identified by Maine (hereinafter, the ``RFCI Area''); and
solicits public input regarding Maine's proposal, the potential for
commercial leasing in the RFCI Area, the potential resultant
environmental impacts, and other uses of the area.
DATES: Submissions indicating your interest in acquiring a commercial
wind energy lease within the RFCI Area, as well as all other comments
and information, must be received by BOEM no later than October 3,
2022. BOEM may not consider late submissions.
ADDRESSES: Please submit indications of interest in acquiring a
commercial wind energy lease within the RFCI Area electronically via
email to <a href="/cdn-cgi/l/email-protection#186a7d767d6f797a747d7d767d6a7f61587a777d75367f776e"><span class="__cf_email__" data-cfemail="5f2d3a313a283e3d333a3a313a2d38261f3d303a3271383029">[email protected]</span></a> 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.
Please submit comments or other information concerning research or
commercial activities within the RFCI Area by either of the following
two methods:
1. Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. In the
entry entitled, ``Enter Keyword or ID,'' enter BOEM-2022-0041 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 or Confidential
Information.'' BOEM will post all comments on <a href="http://regulations.gov">regulations.gov</a> 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 <a href="/cdn-cgi/l/email-protection#83f9e2e0ebe2f1faade9faefe8e8e2c3e1ece6eeade4ecf5"><span class="__cf_email__" data-cfemail="bec4dfddd6dfccc790d4c7d2d5d5dffedcd1dbd390d9d1c8">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: If you are interested in acquiring a
commercial wind energy lease within the RFCI Area, you should submit
detailed and specific information as described in the section of this
notice entitled ``Required Information for Indication of Competitive
Interest.'' BOEM will list on its website the parties that submit
indications of competitive interest within the RFCI Area after BOEM
reviews the qualification documents of each entity indicating
competitive interest. If you are submitting other information, you
should submit it as described in the section entitled ``Requested
Information from the Public and Other Interested or Affected Parties.''
Purpose of This Request for Competitive Interest
Responses to this RFCI will enable BOEM to determine, pursuant to
subsection 8(p)(3) of the OCS Lands Act, whether there is competitive
interest in acquiring a commercial wind energy lease in the RFCI Area.
If BOEM determines there is no competitive interest for a commercial
wind energy lease, BOEM may decide to continue the research leasing
process as provided in 30 CFR 585.238(d). However, if there is
competitive interest in developing a commercial wind energy project
within the RFCI Area, BOEM may decide to offer a commercial lease
anywhere in the RFCI Area using either the competitive or non-
competitive leasing process (see the ``Determination of Competitive
Interest and Leasing Process'' section below for more details).
This notice also provides an opportunity for interested
stakeholders to comment on the Research Array proposed by the State of
Maine or future commercial activities in the RFCI Area, and the
potential impacts of these activities. BOEM will consider all comments
received when deciding whether and how to move forward with the
research leasing process, competitive leasing process, or non-
competitive leasing process.
This notice is issued in response to the State of Maine's proposal.
This notice is not associated with the expected 2024 commercial lease
sale in the Gulf of Maine identified in the Department of the
Interior's Offshore Wind Leasing Path Forward 2021-2025. (<a href="https://www.boem.gov/sites/default/files/documents/renewable-energy/state-activities/OSW-Proposed-Leasing-Schedule.pdf">https://www.boem.gov/sites/default/files/documents/renewable-energy/state-activities/OSW-Proposed-Leasing-Schedule.pdf</a>). The next step in that
process is the publication of a request for interest (RFI) for the Gulf
of Maine in the Federal Register, which is being released concurrently
with this notice [Docket No. BOEM-2022-0040]. The RFI specifies
information that is required to be submitted by entities wishing to
acquire a commercial lease within the RFI Area. If, however, in
response to this RFCI, BOEM determines that competitive interest
exists, BOEM may decide to include the RFCI Area in the Call for
Information and Nominations issued as part of the Gulf of Maine
commercial planning and leasing process that will follow the RFI.
Background
In October 2021, BOEM received an application from the State of
Maine, Governor's Office of Policy Innovation and the Future, for a
renewable energy research lease to accommodate an array of floating
offshore wind turbines (Research Array) on the OCS offshore the coast
of Maine. The application covers an area of approximately 9,700 acres
located more than 20 nautical miles (nm) offshore and would consist of
up to 12 floating offshore wind turbines capable of generating up to
144 megawatts (MW) of renewable energy. In June 2021, Governor Mills
signed Legislative Document 336, which directs the Maine Public
Utilities Commission to enter into contract negotiations for a power
purchase agreement for energy generated (up to 144 MW) from the
Research Array should the state's application be successful. As stated
in the application, Maine has ambitious renewable energy goals and
views offshore wind as an important component of its strategy to
address climate change. Water depths in the Gulf of Maine will require
floating offshore wind foundations, a relatively new technology. In
pursuing the development of the Research Array, the state hopes to
position itself as a hub for floating offshore wind development in the
region, while advancing a set of informed best practices and standards
for commercial-scale floating offshore wind projects in the Gulf of
Maine for use in planning, permitting, and constructing commercial-
scale projects in a fashion that optimizes coexistence with traditional
marine users and the ecosystem.
This RFCI is published pursuant to subsection 8(p)(3) of the OCS
Lands Act (43 U.S.C. 1337(p)(3)) and BOEM's implementing regulations at
30 CFR 585.231 and 585.238. Subsection 8(p)(3) of the OCS Lands Act
requires OCS renewable energy leases, easements, and rights-of-way
(ROW) to be issued ``on a competitive basis unless the Secretary
determines after public notice of a lease, easement, or right-of-way
that there is no competitive interest.'' This RFCI provides public
notice of the proposed research area that the State of Maine
[[Page 51136]]
requested and invites the submission of indications of competitive
interest in a commercial wind energy lease within the RFCI Area. BOEM
will consider the responses to this notice to determine whether
competitive interest exists in any portion of the RFCI Area. This
notice also requests that interested and affected parties comment and
provide information about site conditions and existing and future uses
of the RFCI Area that would be relevant to the proposed research
activities by the State of Maine and/or other potential commercial
offshore renewable wind energy projects.
Statutory Authorization
Under OCS Lands Act section 8(p)(1)(C), the Secretary of the
Interior (the Secretary) may issue leases, easements, and ROWs for
activities that produce or support production, transportation, or
transmission of energy from sources other than oil or gas, including
renewable energy sources. Section 8(p)(8) also requires the Secretary
to issue any necessary regulations to carry out this authority.
Regulations were issued for this purpose on April 29, 2009, and are
codified in BOEM regulations at 30 CFR part 585. The Secretary has
delegated the authority to issue leases, easements, and ROWs to the
Director of BOEM.
State of Maine's Proposed Research Activities
The State of Maine's proposed research activities are described in
its application for an OCS renewable energy research lease, which is
available at the following URL: <a href="https://www.boem.gov/renewable-energy/state-activities/gulf-maine/state-maine-research-lease-application">https://www.boem.gov/renewable-energy/state-activities/gulf-maine/state-maine-research-lease-application</a>.
Over the course of approximately a year, the State of Maine
completed a site identification process that included three stages. The
process began with identifying an Area of Interest (approximately
492,800 acres) that considered the feasibility of grid connection and
that has a minimum water depth of 150 feet for floating turbine
technology at a distance of 20 to 40 miles from the coast of Maine.
Second, the state conducted a series of public meetings and directed
stakeholder engagement to identify a Narrowed Area of Interest (34,596
acres). Third, the state considered feedback on the Narrowed Area of
Interest and bathymetric data, while setting a 16-square-mile area
limit and a geometric pattern for a 12-turbine array. From those data
and parameters, the state identified the preferred site for the
Research Array (9,728 acres) and requested the area in its research
lease application.
In reviewing the research lease application, and in coordination
with other Federal agencies with trust resources and equities in the
Gulf of Maine, BOEM identified a potential conflict between the
location of the proposed Research Array site and the existing Traffic
Separation Scheme (TSS) for maritime traffic entering and exiting the
port of Portland, Maine. While the proposed Research Array is narrowly
outside of the United States Coast Guard (USCG) recommended Marine
Planning Guideline buffers for a TSS, prevailing traffic patterns
conflict with the State of Maine's proposed site. BOEM will continue to
consult with the USCG and seek additional comment from the commercial
maritime industry about the proposed Research Array location and any
alternative locations through this RFCI. BOEM is also including in the
RFCI Area the OCS blocks that intersect with the State of Maine's
previously identified ``Narrowed Area of Interest'' (Figure 1).
BILLING CODE 4310-MR-P
[[Page 51137]]
[GRAPHIC] [TIFF OMITTED] TN19AU22.001
The RFCI Area is larger than the area proposed by the State of
Maine and allows for the consideration of indications of competitive
interest in a commercial wind energy lease or, if BOEM determines that
there is no competitive interest, a research lease for a project that
would avoid or minimize the potential conflicts of use associated with
the TSS. In analyzing the RFCI area, BOEM has determined that only one
project, approximately the size of the State of Maine's research lease
proposal (i.e., no more than 10,000 acres and no more than 12 floating
turbines), could be accommodated while avoiding or minimizing adverse
effects on the TSS, and while allowing siting flexibility to avoid
other potential conflicts that may arise (e.g., commercial fishing
activity, sensitive benthic habitat). Therefore, BOEM will consider
issuance of only one lease and for no more than one project that
achieves the same purpose as described in the Required Information for
Indication of Competitive Interest section of this RFCI, due to the
potential use conflicts that the USCG has identified might arise from
locating the proposed project in proximity of the TSS (either as a
research lease, or, if BOEM determines competitive interest through
this RFCI, as a commercial lease).
Description of the RFCI Area
The RFCI Area consists of 12 OCS blocks (each block is
approximately 3 nm by 3 nm), which are identified in the following
table and figure below (Table 1; Figure 2). The combined area of these
blocks is approximately 68,320 acres.
Table 1--Protraction Name/Number and OCS Block Numbers of the RFCI Area
------------------------------------------------------------------------
Protraction Block
Protraction name No. No.
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Bath................................................ NK19-02 6613
Bath................................................ NK19-02 6614
Bath................................................ NK19-02 6615
Bath................................................ NK19-02 6663
Bath................................................ NK19-02 6664
Bath................................................ NK19-02 6665
Bath................................................ NK19-02 6713
Bath................................................ NK19-02 6714
Bath................................................ NK19-02 6715
Bath................................................ NK19-02 6763
Bath................................................ NK19-02 6764
Bath................................................ NK19-02 6765
------------------------------------------------------------------------
[[Page 51138]]
[GRAPHIC] [TIFF OMITTED] TN19AU22.002
BILLING CODE 4310-MR-C
Required Information for Indication of Competitive Interest
If you intend to submit an indication of competitive interest for a
commercial wind energy lease within the RFCI Area, you must provide the
following:
1. A general description of your objectives and the facilities that
you would use to achieve those objectives;
2. A general schedule of proposed activities;
3. Available and pertinent data and information concerning
renewable energy resources and environmental conditions in the area
that you wish to lease, including energy and resource data and
information used to evaluate the area of interest. Where applicable,
spatial information should be submitted in a format compatible with
ArcGIS 10.8 or ArcGIS Pro 2.7 in a geographic coordinate system (NAD
83);
4. Acceptable documentation demonstrating that you are legally,
technically, and financially qualified pursuant to 30 CFR 585.106-107.
Qualification materials should be developed in accordance with the
guidelines available at <a href="https://www.boem.gov/Renewable-Energy-Qualification-Guidelines/">https://www.boem.gov/Renewable-Energy-Qualification-Guidelines/</a>. If you wish to protect the confidentiality
of your comments or qualification materials, clearly mark the relevant
sections and request that BOEM treat them as confidential. Please label
privileged or confidential information with the caption ``Contains
Confidential Information'' and consider submitting such information as
a separate attachment. Treatment of confidential information is
addressed in the section of this notice entitled, ``Protection of
Privileged or Confidential Information.'' BOEM would regard information
that is not labeled as privileged or confidential as suitable for
public release. For examples of documentation appropriate for
demonstrating your legal qualifications and related guidance, contact
Gina Best, BOEM Office of Renewable Energy Programs at
<a href="/cdn-cgi/l/email-protection#ea8d83848bc4888f999eaa88858f87c48d859c"><span class="__cf_email__" data-cfemail="a5c2cccbc48bc7c0d6d1e5c7cac0c88bc2cad3">[email protected]</span></a> or 703-787-1341.
5. A conceptual Research Framework--BOEM recognizes the value of
research, including many of the research priorities outlined in the
State of Maine's research lease application. BOEM believes that
information generated from such research can be used to facilitate
responsible and expeditious commercial offshore wind energy development
in the Gulf of Maine, as well as the deployment of floating offshore
wind technology nationwide (e.g., Pacific region). Therefore, BOEM is
requesting that all indications of competitive interest in a commercial
wind energy lease that is within the RFCI area include a conceptual
Research Framework that describes an approach for addressing the
representative research questions, topics, and priorities listed below.
The conceptual Research Framework must contain sufficient detail to
demonstrate an ability to design and carry out a project that addresses
all of the questions and topics below (5 a-c), commensurate with the
Research
[[Page 51139]]
Framework Maine submitted to BOEM in Appendix A of its research lease
application, (i.e., it must go beyond a simple commitment and provide a
conceptual plan for exploring and answering the research questions and
topics). You must also include a statement informing BOEM of your
willingness to execute a lease instrument with research attributes,
such as those described in the conceptual Research Framework, if you
are awarded a commercial lease as a result of this RFCI (competitively
or noncompetitively).
a. Human Dimensions, including but not limited to:
i. Evaluation of impacts to fisheries--include a description of the
proposed project that would allow for study of coexistence of the
proposed project with existing ocean users. Specifically address in
your approach how you would evaluate the compatibility of the proposed
project with various Gulf of Maine fisheries and gear types;
ii. Vessel traffic and navigation--include an approach to studying
how disruptions to existing vessel traffic in the proposed project area
could be avoided or minimized through wind turbine layout design,
micrositing, the use of different anchor and mooring systems, etc.
iii. Socioeconomic impacts to coastal communities--include a
research approach for evaluating potential impacts from the proposed
project to:
1. shoreside infrastructure that supports existing ocean uses;
2. viewsheds; and
3. tourism.
iv. Infrastructure, supply chain, and workforce development--
include an approach for using the information generated by or for the
proposed project to evaluate:
1. workforce training and career transition requirements to allow
local and state workers to take part in the assembly, fabrication, and
installation of floating turbines in the Gulf of Maine long-term; and
2. port developments needed to support the proposed project, as
well as larger industry development in the Gulf of Maine long-term
(e.g., infrastructure to support serial manufacturing of key floating
wind turbine components).
v. Proposed project cost information, including the levelized cost
of energy, cost of major offshore wind components and floating wind
installation costs. Analysis should include how costs compare to a
project of similar size with traditional bottom foundations.
b. Ecosystem and Environment, including but not limited to:
i. The potential effects of different phases of the proposed
project's development, construction, operation, and decommissioning on
habitat and the behavior and life cycles of animals (e.g., target
species of commercial and recreational fisheries, protected species)
found within, and in proximity to, the proposed project area. Research
should compare and evaluate how variations in turbine layout and
technology deployment affect:
1. Changes in distribution and abundance of marine and avian
species.
2. Attraction of marine and avian species.
3. Avoidance/displacement of marine and avian species.
4. Collision with marine and avian species.
5. Entanglement risk of marine mammals.
6. Hydrodynamic effects.
7. Entrainment and impingement of zooplankton.
8. Sensitive habitat disturbance.
c. Technology Development, including but not limited to:
i. Assessment of more than one type of floating foundation and
consideration of which design(s) is (are):
1. Optimal for floating turbine foundation strength and stability
for the intended installation and design life, considering all the
possible loading conditions and other factors such as fatigue,
corrosion, and marine biofouling under the meteorological ocean
conditions of the area;
2. Scalable for larger turbines;
3. Readily transitioned to serial manufacturing;
4. Optimal for coexistence with other ocean users; and
5. Optimal for minimizing adverse effects to marine species and
their habitat.
ii. Evaluation of different anchoring and mooring designs and
materials, and assessment of which designs and/or materials:
1. Are optimal for coexistence with ocean users;
2. Are optimal for minimizing adverse effects to marine species and
their habitat; and
3. Perform optimally in stress analyses with regard to strength,
durability, fatigue, offsets, corrosion, and mooring line redundancy.
Performance evaluation should also assess ability to mitigate and
minimize interference with other structures, considering varying
depths, wave, current and tidal amplitudes.
iii. Assessment of design and testing of floating turbine control
systems.
iv. Assessment of subsea cables, both inter-array and export, and
which designs and/or materials are optimal for:
1. Performance with respect to function, sufficient strength and
fatigue resistance against loads from wave, current, soil conditions,
vessel motions, etc.; and
2. Availability and resiliency of dynamic transmission cables, as
well as required maintenance and options for monitoring.
v. Assessment of available monitoring technologies to detect and
study required maintenance of the main components (e.g., wind turbine,
floating turbine foundation, mooring and cables, fisheries impacts,
interactions with protected species, etc.).
6. Research Access and Open-Source Data
a. In order to maximize the benefit of the Research Framework to
the public and the advancement of the offshore wind industry, BOEM
anticipates that parties who are awarded a lease in the areas
contemplated by this RFCI must commit to:
i. Collaboration with researchers whose research goals align with
the key themes and topics of the Research Framework, and whose field
work would not compromise the safety, construction, operation, or
maintenance of the offshore wind facility.
ii. Making available to the public at no cost any data relating to
the Research Framework that the lessee would not otherwise designate as
exempt from disclosure under Exemption 4 of the Freedom of Information
Act (FOIA). BOEM would reserve the right to resolve any disputes
regarding the confidentiality of data under the FOIA Exemption 4
standard.
b. BOEM may also request that any lessee share survey, performance,
and operations and maintenance data that is not otherwise captured by
the requirements of the Research Framework.
7. A statement that you wish to acquire a commercial wind energy
lease within the RFCI Area. For BOEM to consider your indication of
interest, the proposed lease area must not exceed 10,000 acres and the
proposal must include a maximum of 12 wind turbine generators, all of
which must have floating foundations. The indication of interest may
also include a proposal to install one or more meteorological ocean
facilities.
8. A description of your plan to sell power generated from your
project and documentation of any past experience securing power
purchase agreements.
9. A statement expressing how a project you would propose for this
site would be consistent with affected states' statutes, regulations,
and policies
[[Page 51140]]
related to offshore energy and natural resource protection.
It is critical that you submit a complete indication of competitive
interest so that BOEM may consider your submission in a timely manner.
If BOEM reviews your submission and determines that it is incomplete,
BOEM will inform you of this determination in writing. This
notification will describe the information that BOEM wishes you to
provide for BOEM to deem your submission complete and establish a
deadline for completion, which will not be less than 15 business days
from the date of BOEM's notice. If you do not meet this deadline, or if
BOEM determines your second submission is also insufficient, BOEM may
deem your submission invalid. In such a case, BOEM would not consider
your submission.
Requested Information From the Public and Other Interested or Affected
Parties
BOEM is also requesting from the public and other interested or
affected parties specific and detailed comments regarding the
following:
1. Research priorities and the associated justifications needed to
advance floating offshore wind in the Gulf of Maine and in other areas
of the OCS;
2. Geological and geophysical conditions (including bottom and
shallow hazards) in the RFCI Area;
3. Known archaeological, historic, and/or cultural resource sites
on the seabed in the RFCI Area;
4. Other uses of the RFCI Area, including commercial vessel usage,
recreation, and commercial and recreational fisheries;
5. Potential impacts to existing communication cables;
6. Department of Defense (DoD) operational, training, and testing
activities (surface and subsurface) that occur in the RFCI Area that
may be impacted by research and commercial activities;
7. Impacts from potential renewable energy development on future
uses of the area; and
8. Other relevant environmental and socioeconomic information.
Multiple Use Considerations
Early consultation by the State of Maine and BOEM has highlighted
the following multiple use considerations:
a. Maritime Navigation
Shipping traffic occurs within the vicinity of the State of Maine's
proposed Research Array and the RFCI Area. As noted above, in reviewing
the State of Maine's research lease application and through
coordination with USCG, BOEM identified a potential conflict between
the proposed Research Array site and the existing TSS for maritime
traffic entering and exiting the Port of Portland. BOEM plans to
consult with the USCG and seek additional comments from the commercial
maritime industry about the proposed Research Array location and RFCI
Area as a whole to determine if this potential conflict can be avoided
or minimized.
b. Department of Defense
DoD conducts offshore testing, training, and operations in the
Atlantic OCS. BOEM would consult with DoD on any activities proposed
within the RFCI Area to ensure that they are compatible with DoD
activities. At the State of Maine's request, DoD conducted a review of
the proposed Research Array area and provided the following requests on
behalf of the Department of the Navy (Navy):
<bullet> Site the wind turbines as far east as possible in the
proposed lease area to minimize encroachment upon the Navy's sea trial
activities.
<bullet> Agree to the curtailment (not spinning) of the wind
turbines during the Navy's sea trials. Estimated requirement for
curtailment is 250 hours/year.
<bullet> Cooperate with the Navy to assess the potential for wind
turbines to impact shipboard radar.
<bullet> Allow the Navy to conduct a review of the business
entities involved with the proposed project to assess foreign
ownership, influence, or control in order to protect defense
capabilities.
Additional DoD review of the RFCI Area will be necessary, which may
result in additional requests and recommendations.
c. Protected Resources
Several species of birds, marine mammals, sea turtles, and fish
listed as threatened or endangered under the Endangered Species Act
(ESA) may occur permanently or seasonally in the RFCI Area, including:
<bullet> Piping plover (Charadrius melodus)
<bullet> Red knot (Calidris canutus rufa)
<bullet> Roseate tern (Sterna dougallii dougallii)
<bullet> Atlantic sturgeon (Acipenser oxyriynchus oxyriynchus)
<bullet> Atlantic salmon (Salmo salar)
<bullet> Green sea turtle (Chelonia mydas)
<bullet> Kemp's ridley sea turtle (Lepidochelys kempii)
<bullet> Leatherback sea turtle (Dermochelys coriacea)
<bullet> Loggerhead sea turtle (Caretta caretta)
<bullet> North Atlantic right whale (Eubalaena glacialis) (including
North Atlantic right whale critical habitat)
<bullet> Fin whale (Balaenoptera physalus)
<bullet> Sei whales (Balaenoptera borealis)
<bullet> Blue whale (Balaenoptera musculus)
<bullet> Sperm whale (Physeter macrocephalus)
Protection of such species falls within the jurisdiction of the
United States Fish and Wildlife Service (USFWS) or National Oceanic and
Atmospheric Administration's National Marine Fisheries Service (NMFS).
In addition to ESA-listed species, the area likely contains, seasonally
or permanently, seabirds protected under the Migratory Bird Treaty Act
and marine mammals protected under the Marine Mammal Protection Act.
BOEM will coordinate with USFWS and NMFS to avoid, minimize, and/or
mitigate potential impacts to the resources under their jurisdiction.
d. Fisheries and Essential Fish Habitat
Portions of the RFCI Area are used by the commercial and
recreational fishing industry, and NMFS has designated essential fish
habitat (EFH) in much of the area. BOEM will consult with NMFS to
identify measures to avoid and minimize impacts on EFH during the
siting and installation phases of development. This notice also
provides an opportunity for interested stakeholders to provide comments
on the RFCI area, including information relating to potential
environmental consequences from the proposed project on existing
geological, geophysical, and biological (habitat and species)
conditions, as well as any potential impacts to existing ocean users
(e.g., fishing industry and mariners) in the RFCI Area.
Determination of Competitive Interest and Leasing Process
BOEM will evaluate indications of competitive interest in
accordance with 30 CFR 585.231, including the requirements in this
RFCI. Indications of competitive interest must be limited to areas
wholly within the RFCI Area, must propose a project that will use
floating wind turbines, and must meet the criteria set forth in the
section entitled, ``Required Information for Indication of Competitive
Interest.'' At the conclusion of the comment period for this notice,
BOEM will review the submissions received to ensure that they are
complete and that the submitters are qualified to hold a lease under 30
CFR 585.106-585.107, and then will determine whether competitive
interest exists. As stated in the ``State of Maine's Proposed Research
Activities'' section above, BOEM will consider issuance of one lease
for no more than one project
[[Page 51141]]
within the RFCI Area due to the potential conflicts of use that have
been identified by the USCG in locating a proposed project in proximity
to the TSS (either as a research lease, or, if BOEM determines there is
competitive interest through this RFCI, as a commercial lease). If, in
response to this RFCI, BOEM receives two or more indications of
competitive interest from qualified entities that wish to develop a
commercial wind energy project in the RFCI Area, BOEM may decide to
move forward with the competitive lease issuance process following the
procedures set forth in 30 CFR 585.211. If so, BOEM may include the
RFCI Area as part of the commercial leasing process for the Gulf of
Maine (see ``Purpose of this Request for Competitive Interest'' section
above). If BOEM receives only one indication of competitive interest,
it may contact the respondent and ask if they wish to proceed with
acquiring a commercial lease. However, if the respondent does not wish
to proceed, BOEM may determine that there is no competitive interest in
the RFCI Area and publish a Federal Register notice of Determination of
No Competitive Interest. At that point, after appropriate environmental
review and consultation, BOEM may decide to continue with issuance of a
research lease to the State of Maine using the procedures set forth in
30 CFR 585.238. If BOEM issues a research lease, the State of Maine
would be required to conduct any construction and operation activities
on the research lease pursuant to a BOEM-approved plan.
Regardless of whether BOEM decides to issue the research lease or
to continue with the competitive lease issuance process, BOEM will
consult and coordinate with relevant Federal agencies, affected Tribes,
and affected state and local governments in issuing a lease; developing
lease terms and conditions; and deciding whether to approve,
disapprove, or approve with modifications any activities proposed on
the lease.
Environmental Review and Permitting Process
Prior to issuing any lease or authorizing any construction
activities on that lease, BOEM would conduct a site-specific
environmental review under the National Environmental Policy Act,
during which it would act as the lead agency, coordinate with
cooperating or consulting Federal agencies, and provide additional
opportunities for public comment. BOEM would also participate in
associated consultations under the Coastal Zone Management Act, the
ESA, the Magnuson-Stevens Fishery Conservation and Management Act, the
National Historic Preservation Act (NHPA), Executive Order 13175, and
other laws, regulations, and authorities determined necessary
throughout the process.
Protection of Privileged or Confidential Information
Freedom of Information Act
BOEM will not disclose privileged or confidential information that
you submit if it qualifies for FOIA exemption for trade secrets and
commercial or financial information, provided that you clearly label
the submission with ``Contains Confidential Information'' and request
that BOEM treat it as confidential. Please consider submitting such
information as a separate attachment.
BOEM will not treat as confidential any aggregate summaries of such
information or comments not containing such confidential or privileged
information. Additionally, BOEM will not treat as confidential (1) the
legal title of the nominating entity (for example, the name of your
company), or (2) the list of whole or partial blocks pertaining to your
indication of competitive interest. Information that is not labeled as
privileged or confidential will be regarded by BOEM as suitable for
public release.
Personally Identifiable Information
BOEM does not consider anonymous comments; please include your name
and address as part of your submittal. You should be aware that your
entire comment, including your name, address, and any personally
identifiable information (PII), may be made publicly available at any
time. Even if BOEM withholds your information in the context of this
RFCI, your submission is subject to the FOIA, and if your submission is
requested under the FOIA, 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's FOIA regulations and applicable law.
In order for BOEM to consider withholding from disclosure your PII,
you must identify, in a cover letter, any information contained in the
submittal of your comments that, if released, would constitute a
clearly unwarranted invasion of your personal privacy. You must also
briefly describe any possible harmful consequence(s) of the disclosure
of information, such as embarrassment, injury, or other harm. Please do
so in your transmittal letter, rather than in the comment itself. Note
that BOEM will make available for public inspection, in their entirety,
all comments submitted by organizations and businesses, or by
individuals identifying themselves as representatives of organizations
or businesses.
National Historic Preservation Act (16 U.S.C. 470w-3(a))
BOEM is required, after consultation with the Secretary, to
withhold the location, character, or ownership of historic resources if
it determines that disclosure may, among other things, risk harm to the
historic resources or impede the use of a traditional religious site by
practitioners. Tribal entities should designate information that is
covered by Section 304 of the NHPA as confidential.
Amanda Lefton,
Director, Bureau of Ocean Energy Management.
[FR Doc. 2022-17922 Filed 8-18-22; 8:45 am]
BILLING CODE 4310-MR-P
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</html>Indexed from Federal Register on August 19, 2022.
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.