Notice2023-08670
Commercial Leasing for Wind Power Development on the Gulf of Maine Outer Continental Shelf (OCS)-Call for Information and Nominations
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
April 26, 2023
Issuing agencies
Interior DepartmentOcean Energy Management Bureau
Abstract
This call for information and nominations (Call or notice) invites public comment on, and assesses interest in, possible commercial wind energy leasing on the U.S. OCS in the Gulf of Maine. On August 19, 2022, BOEM initiated the competitive leasing process by issuing a request for interest (RFI) to solicit indications of interest and other information for BOEM to determine whether competitive interest existed for scheduling lease sales. This Call represents the next step in the competitive leasing process. The Call area is identified and described in section 6 below. 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 7, "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 8, "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.
Full Text
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<title>Federal Register, Volume 88 Issue 80 (Wednesday, April 26, 2023)</title>
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[Federal Register Volume 88, Number 80 (Wednesday, April 26, 2023)]
[Notices]
[Pages 25427-25433]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-08670]
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DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
[Docket No. BOEM-2023-0025]
Commercial Leasing for Wind Power Development on the Gulf of
Maine Outer Continental Shelf (OCS)--Call for Information and
Nominations
AGENCY: Bureau of Ocean Energy Management (BOEM or we), 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 U.S. OCS in the Gulf of Maine. On
August 19, 2022, BOEM initiated the competitive leasing process by
issuing a request for interest (RFI) to solicit indications of interest
and other information for BOEM to determine whether competitive
interest existed for scheduling lease sales. This Call represents the
next step in the competitive leasing process. The Call area is
identified and described in section 6 below. 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 7, ``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 8, ``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: Your interest in or comments on commercial leasing within the
Call area must be received by BOEM no later than June 12, 2023. Late
submissions may not be considered.
ADDRESSES: Please submit nomination information for commercial leasing
as discussed in section 8 entitled ``Required Nomination Information''
electronically via email to <a href="/cdn-cgi/l/email-protection#3d4f5853584a5c5f51585853584f5a447d5f525850135a524b"><span class="__cf_email__" data-cfemail="16647378736177747a7373787364716f567479737b38717960">[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. 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: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. In the
search box at the top of the web page, enter BOEM-2023-0025 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 9 of
this notice entitled ``Protection of Privileged, Personal, or
Confidential Information.'' BOEM will post all comments received on
<a href="http://regulations.gov">regulations.gov</a> unless labeled as confidential.
FOR FURTHER INFORMATION CONTACT: Zachary Jylkka, Bureau of Ocean Energy
Management, Office of Renewable Energy Programs, 45600 Woodland Road
(VAM-OREP), Sterling, Virginia 20166. (978) 491-7732 or
<a href="/cdn-cgi/l/email-protection#92c8f3f1faf3e0ebbcd8ebfef9f9f3d2f0fdf7ffbcf5fde4"><span class="__cf_email__" data-cfemail="336952505b52414a1d794a5f58585273515c565e1d545c45">[email protected]</span></a>.
For information regarding qualification requirements to hold an OCS
wind energy lease, contact Gina Best, BOEM Office of Renewable Energy
Programs, at <a href="/cdn-cgi/l/email-protection#8dcae4e3eca3cfe8fef9cdefe2e8e0a3eae2fb"><span class="__cf_email__" data-cfemail="4b0c22252a65092e383f0b29242e26652c243d">[email protected]</span></a> 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 development.
There will be multiple opportunities to provide feedback throughout the
renewable energy planning and leasing process, including if BOEM
receives any project proposals in the future. 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-
[[Page 25428]]
way (ROWs) 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
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\ The regulations were
reorganized by final rule on January 31, 2023, transferring certain
regulations related to safety and enforcement to the Bureau of Safety
and Environmental Enforcement.\3\
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\1\ 74 FR 19638 (April 29, 2009).
\2\ 76 FR 64432 (October 18, 2011).
\3\ 88 FR 6376 (January 31, 2023).
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In March 2021, the Biden-Harris administration established the goal
to deploy 30 gigawatts (GW) of offshore wind energy capacity by 2030.
Last year, the Biden-Harris administration announced expanded plans to
grow the floating offshore wind energy industry, and set a target to
deploy 15 GW of floating offshore wind energy capacity by 2035. BOEM is
committed to both of these ambitious goals. BOEM is 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, the National
Park Service, the U.S. Army Corps of Engineers, the U.S. Coast Guard
(USCG), the National Oceanic and Atmospheric Administration (NOAA), and
the Department of Defense (DOD). BOEM also regularly coordinates with,
and requests input from, the Northeast Regional Ocean Council, which
includes federally recognized Tribes, Federal and State agencies, and
fishery management councils. BOEM also uses information contained in
the Northeast Ocean Data Portal \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 Northeast Ocean Data Portal (maintained by the Northeast
Regional Ocean Council <a href="https://www.northeastoceandata.org/">https://www.northeastoceandata.org/</a>) draws
upon data from the <a href="http://MarineCadastre.gov">MarineCadastre.gov</a> national data portal, which
was developed through a partnership between NOAA and BOEM.
<a href="http://MarineCadastre.gov">MarineCadastre.gov</a> 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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In 2019, BOEM received a letter from Governor Sununu of New
Hampshire, requesting the establishment of an intergovernmental
offshore wind renewable energy task force for the State. Given the
regional interest in offshore wind energy development, BOEM decided to
establish the Gulf of Maine Intergovernmental Renewable Energy Task
Force (``Task Force''), which comprises Federal officials and elected
Tribal, State, and local officials (or their designated employees with
authority to act on their behalf) from Maine, New Hampshire, and
Massachusetts. Two Task Force meetings have been held to date: on
December 12, 2019, and May 19, 2022. Materials from the Task Force
meetings are available on the BOEM website at: <a href="https://www.boem.gov/renewable-energy/state-activities/maine/gulf-maine">https://www.boem.gov/renewable-energy/state-activities/maine/gulf-maine</a>.
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.
b. Competitive Leasing Process
BOEM will follow the remaining steps required by 30 CFR 585.211
through 585.225 if it decides to proceed with the competitive leasing
process after analyzing the responses to this Call. Those steps are:
(1) Area Identification: Based on all the information received,
including information in response to this Call, BOEM will identify
areas for environmental analysis and consideration for leasing.
Those areas will constitute wind energy areas (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 60 days. The PSN will
describe the areas BOEM intends to offer for leasing, the proposed
conditions of a lease sale, the proposed auction format of the lease
sale, and the lease instrument, including 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 publication of the
FSN in the Federal Register, BOEM will offer the lease areas through
a competitive sale process, using procedures specified in the FSN.
BOEM will review the sale, including bids and bid deposits, for
technical and legal adequacy. BOEM will ensure that bidders have
complied with all applicable regulations. BOEM reserves the right to
reject any and 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
Following the RFI comment period, which closed on October 3, 2022,
BOEM analyzed all submissions and identified recurring themes around
recommended areas for removal from leasing consideration, areas of
significant concern, and key datasets. This analysis, conducted in
partnership with the NOAA National Centers for Coastal Ocean Science
(NCCOS), resulted in the boundaries of a draft Call area (see section
5.a for more information on the BOEM/NCCOS partnership). The draft Call
area was posted on BOEM's website on January 10, 2023, and was the
subject of a series of in-person and virtual information exchanges
throughout January and February 2023. During the information exchanges,
BOEM solicited
[[Page 25429]]
feedback on the draft Call area and the proposed approach for the
eventual identification of WEAs.
These information exchanges varied in approach, with in-person
meetings intended for a broad audience, and virtual meetings focused on
specific ocean users and resource concerns (e.g., shipping and maritime
transportation, commercial and recreational fisheries, environment, and
wildlife). To see draft Call area meeting dates and materials, visit:
<a href="https://www.boem.gov/renewable-energy/state-activities/gulf-maine-draft-call-area-engagement-meetings">https://www.boem.gov/renewable-energy/state-activities/gulf-maine-draft-call-area-engagement-meetings</a>. BOEM also engaged in discussions
with several Federal agencies and Tribal and State governments before
deciding upon the Call area boundaries.
Responses to the Call will assist BOEM in identifying portions of
the OCS that require further analysis. That analysis includes comparing
commercial nominations with public comments submitted in response to
this Call so that potential use conflicts can be analyzed before WEAs
are designated (area identification). BOEM's analysis during area
identification will further evaluate the appropriateness of the Call
area for offshore wind energy development, balanced with potential
ocean user conflicts. BOEM will consider information from environmental
reviews, consultations, public comments, and continued coordination
with the Task Force. Consequently, BOEM anticipates designating
specific WEAs within the Call area and developing lease terms and
conditions to mitigate any possible adverse impacts from leasing and
site assessment activities.
a. BOEM/NCCOS Partnership
In September 2022, BOEM announced enhancements to its area
identification process. These changes included a commitment to using
the best available science and modeling approaches, including a
partnership with NCCOS to employ a spatial model that analyzes entire
marine ecosystems to identify the best 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 Gulf of Maine
Offshore Wind Suitability Model (suitability model). The team conducted
initial spatial analyses of the RFI area, relying largely on RFI
comments, to remove areas from the draft Call area boundaries. BOEM and
NCCOS intend to use the same methods previously applied to offshore
wind energy siting efforts in the Gulf of Mexico and Central Atlantic
to inform Gulf of Maine draft WEAs. 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. Coordination With DOD
The DOD has conducted a preliminary assessment of compatibility
between offshore wind energy development and DOD activities in the Gulf
of Maine. At the May 2022 task force meeting, the Military Aviation and
Installation Assurance Siting Clearinghouse (``DOD Clearinghouse'') \5\
identified several concerns that will need to be evaluated further as
BOEM advances in its planning process and refines possible WEAs. DOD
operations and missions that potentially may be affected and will
require additional analysis include:
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\5\ For more on the DOD Clearinghouse's authority and mission,
visit: <a href="https://www.acq.osd.mil/dodsc/about/index.html">https://www.acq.osd.mil/dodsc/about/index.html</a>.
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<bullet> North American Aerospace Defense Command long-range radar;
<bullet> U.S. Navy sea trials of Arleigh Burke-class destroyers
conducted in the vicinity of Bath, ME;
<bullet> Naval Computer and Telecommunications Area Master Station
Atlantic: Detachment Cutler operations;
<bullet> Special Use Airspace Warning Area W-103: Air National
Guard training area.
The DOD Clearinghouse prefers that BOEM avoid the entirety of W-103
but recognizes that a number of ocean use considerations exist in the
area. The DOD Clearinghouse is willing to take a closer look at
potential compatibility with offshore wind energy development should
BOEM identify areas within W-103 in a later phase of the planning
process.
BOEM may refine portions of the Call area during the area
identification process should DOD issue an updated compatibility
assessment between its activities and commercial offshore wind energy
development. DOD assessments typically identify wind energy exclusion
areas and 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.
c. Coordination With USCG
On April 6, 2023, USCG published notice of a final report titled
``Port Access Route Study: Approaches to Maine, New Hampshire,
Massachusetts'' (MNMPARS) (USCG-2022-0047-0062) in the Federal
Register.\6\ BOEM is aware of potential conflicts with the recommended
fairways published in the MNMPARS. BOEM is working closely with USCG to
ensure WEAs and fairways are deconflicted during area identification
and subsequent phases of the leasing process.
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\6\ 88 FR 20547 (April 6, 2023).
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6. Description of Call Area
To determine the boundaries of the Call area, BOEM analyzed
comments received in response to the RFI.\7\ Through this analysis,
BOEM identified key themes and focused on areas where a considerable
number of comments and supporting information pointed to: a)
overlapping conflicts and b) recommendations for area exclusions where
established boundaries protect against existing ocean activities (e.g.,
habitat management areas). NCCOS supported this effort and analysis
through the development of a ``constraints model.'' This model
incorporated RFI comment recommendations and spatial data referenced in
BOEM's Gulf of Maine Data Inventory (released with the RFI in August
2022 and available on BOEM's website: <a href="https://www.boem.gov/renewable-energy/state-activities/maine/gulf-maine">https://www.boem.gov/renewable-energy/state-activities/maine/gulf-maine</a>). Areas considered as
constraints and removed from the Call area include (note: several of
these areas overlapped with one another):
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\7\ 87 FR 51129 (August 19, 2022).
<bullet> Areas within 20 nautical miles (nm) of the coastline (not
including islands)
<bullet> Groundfish closure areas
<bullet> Closed Area I North
<bullet> Gulf of Maine cod spawning protection area
<bullet> Habitat management areas
<bullet> Coral protection areas
<bullet> Traffic separation schemes (2 nm setback from the sides; 5 nm
setback from the entry and exit)
<bullet> Jeffreys Ledge (depths shallower than 120 meters)
[[Page 25430]]
<bullet> Jordan Basin Dedicated Habitat Research Area
<bullet> Areas identified as ``critical'' and ``high'' impact zones for
next generation and terminal doppler weather radar systems (0-35
kilometers from radar installations identified by NOAA National Weather
Service)
<bullet> Environmental Protection Agency designated ocean disposal
sites
<bullet> Environmental sensors and buoys identified by NOAA's Marine
Environmental Buoy Database
<bullet> Liquid natural gas installations and pipelines
In addition to the constraint areas listed above, BOEM removed from
the Call area an OCS maritime area claimed by both Canada and the
United States that was previously included in the RFI. BOEM determined,
in consultation with the U.S. Department of State, that consideration
of leasing in this area of territorial dispute, otherwise referred to
as ``the Gray Zone'' in the vicinity of Machias Seal Island and North
Rock, would negatively affect the prospects for resolution of this
maritime dispute as well as the underlying territorial dispute
regarding Machias Seal Island and North Rock. BOEM and the U.S.
Department of State are coordinating closely with the Government of
Canada, including Natural Resources Canada, Canada Energy Regulator,
the Canada-Nova Scotia Offshore Petroleum Board, and the Canada
Newfoundland Labrador Offshore Petroleum Board. BOEM welcomes Canadian
feedback on all elements of this Call.
BOEM also took action to refine the southern boundary of the draft
Call area. As explained in the RFI development framework (available
here: <a href="https://www.boem.gov/sites/default/files/documents/renewable-energy/state-activities/Gulf%20of%20Maine%20RFI%20Development%20Framework_05092022.pdf">https://www.boem.gov/sites/default/files/documents/renewable-energy/state-activities/Gulf%20of%20Maine%20RFI%20Development%20Framework_05092022.pdf</a>), BOEM
intended to establish the southern boundary of the draft Call area so
that the area included only the physiographic, oceanographic, and
biotic variables that together uniquely define the Gulf of Maine. The
goal of this approach was avoiding Georges Bank. Comments on the RFI
and feedback provided during the draft Call area information exchanges
suggested that portions of Georges Bank remained in the draft Call area
and should be removed. Given that was BOEM's goal, BOEM is following a
recommendation of the New England Fishery Management Council to remove
from the Call area those areas that intersect with the 140-meter line
of bathymetry to avoid Georges Bank. (BOEM derived the 140-meter
contour line from the NOAA coastal relief bathymetry raster model,
available here: <a href="https://www.ncei.noaa.gov/products/coastal-relief-model">https://www.ncei.noaa.gov/products/coastal-relief-model</a>.)
The Call Area exclusions detailed above resulted in an
approximately 29 percent reduction in comparison to the RFI Area. The
Call Area consists of 9,804,429 acres located off the coasts of
Massachusetts, New Hampshire, and Maine (see Figure 1). The map
depicting the Call Area, and a spreadsheet listing its specific OCS
blocks are available for download on the BOEM website at <a href="https://www.boem.gov/renewable-energy/state-activities/maine/gulf-maine">https://www.boem.gov/renewable-energy/state-activities/maine/gulf-maine</a>.
BILLING CODE 4340-98-P
[GRAPHIC] [TIFF OMITTED] TN26AP23.000
BILLING CODE 4340-98-C
[[Page 25431]]
BOEM recognizes that the Call area still includes areas that are
conflicted by existing ocean uses (e.g., fishing, shipping) and by
sensitive habitat that are important to the conservation and recovery
of protected species. BOEM requests additional information on these
areas through this notice and will use the NCCOS model to assist in the
identification of areas suitable for WEAs through the next phase of the
planning process.
7. Requested Information From Interested or Affected Parties
BOEM requests comments regarding the following features,
activities, mitigations, or concerns within or around the Call area.
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 5.a), BOEM
published a list of the datasets it plans to use to inform the WEA
suitability model. The datasets are available at <a href="https://www.boem.gov/renewable-energy/state-activities/maine/gulf-maine">https://www.boem.gov/renewable-energy/state-activities/maine/gulf-maine</a>. 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 data to inform
suitability modeling for areas between the Call area and the coastline.
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.
b. Call Area: Areas Requiring Further Analysis
Through the draft Call area information exchange meetings in
January 2023, BOEM identified several areas that have not been removed
and require further analysis. This list reflects areas that BOEM heard
about most frequently during meetings and through feedback, but is not
exhaustive. BOEM currently plans to include all these areas in the WEA
suitability model (described in section 5.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
listed below to inform whether alternative action may be necessary
(e.g., removing or constraining the areas 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 (in the cases where none presently exist),
as well as information regarding whether or not any effects from
floating offshore wind could be mitigable.
i. Atlantic Large Whale Take Reduction Plan (ALWTRP) Restricted Areas
ALWTRP restricted areas place seasonal restrictions on commercial
lobster and crab trap and pot fisheries to reduce serious injuries and
mortalities to North Atlantic right whales, humpback, and fin whales.
ii. Platts Bank
Several commentors identified Platts Bank as a sensitive area with
complex habitat that supports numerous productive commercial fisheries.
iii. Georges Bank
As described in section 6, BOEM removed areas from the southern
edge of the Call area along the 140-meter line of bathymetry to avoid
Georges Bank. However, BOEM recognizes that the boundary between the
Gulf of Maine and Georges Bank is a sensitive habitat area,
contributing to oceanic processes such as upwelling, while also
supporting important fisheries, such as scalloping grounds.
iv. Lobster Management Area (LMA) 1
Several commentors recommended BOEM avoid leasing in LMA 1 due to
the high density of lobster fishing activity and importance of this
fishery to coastal economies and cultural heritage. BOEM removed from
the Call area portions of LMA 1, though some overlap remains.
c. In addition to the areas listed in section 7.b above, BOEM seeks
information about potentially conflicting uses of the Call area,
including, but not limited to:
i. Recreational and commercial fishery use of the Call area,
including the types of fishing gear used and the potential
compatibility (if any) of those gear types with floating offshore wind
installations. Please include any recommendations for reducing current
use conflicts and how to treat any anticipated redistribution of
targeted species (and their habitat and prey) as a result of climate
change.
ii. Habitat areas that may require special attention during siting
and construction.
iii. Areas that are of particular importance to protected species,
as well as recommendations on how to treat any anticipated
redistribution of these species (and their habitat and prey) as a
result of climate change.
iv. Known archaeological and cultural resource sites.
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 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 resources and aesthetics, key
observation points, the potential impacts of wind turbines and
associated infrastructure to those resources, and potential strategies
to help minimize or mitigate any visual effects.
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 for environmental monitoring.
g. 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; information regarding future
demand for electricity in the region.
h. 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 constructing a backbone transmission
system, or other shared infrastructure methods that would transport
electricity generated by wind projects in the Call area to the onshore
grid. Comments should include a general description of the transmission
[[Page 25432]]
system's proposed path, capacity, technologies proposed, and potential
interconnection points. Feedback may also include comment from
potential lessees on ways to better incentivize use of shared
infrastructure for transmission.
i. 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
should be considered in determining the size and number of WEAs,
including factors specifically related to the deployment of floating
wind turbine technology.
j. Information regarding spatial data on lobster fishery effort and
revenue for LMAs 1 and 3. BOEM recognizes that there is a general
deficiency in lobster data within the Gulf of Maine and seeks
recommendations on best available data. BOEM also requests information
regarding the timeline for the availability of new data that will be
collected as a result of recent changes in monitoring and reporting
requirements.
k. Information regarding potential auction formats that BOEM may
consider as part of the leasing process. In particular, BOEM is
interested in feedback regarding the use of bidding credits as a part
of a multi-factor auction. In determining the winning bidder, how
should BOEM consider factors such as supply chain investments,
workforce training commitments, commitments to connect to a regional or
inter-regional transmission solution, nature-inclusive design, and
compensatory mitigation to fisheries potentially impacted by wind
energy development in the Call area? Are there other factors BOEM
should consider in a multi-factor auction?
l. Are there impact considerations BOEM should be aware of between
the different floating wind turbine foundation, mooring, and anchor
technologies as they relate to the Gulf of Maine? BOEM is also
interested in information regarding foundation type impacts on
potential port infrastructure opportunities and operations and on
maintenance practices, specifically when considering greater
transmission distance and deeper water depth.
m. Feedback on possible offshore wind farm configurations. It is
not currently clear what avoidance buffers or distance requirements may
be proposed for floating wind turbines, mooring lines, and dynamic
cables. The 1 x 1 nm grid developed for fixed foundation wind farms
proposed on the OCS offshore Rhode Island and Massachusetts may not be
the most suitable layout for floating wind farms. Thus, considerations
for the spacing and possible clustering of turbine arrays to allow for
navigation and fishing access near and through floating wind farms must
be considered.
n. Information related to Tribal Nations in the Gulf of Maine 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; and 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.
o. 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 best to
meaningfully engage with these communities.
p. Information on coastal or onshore activities needed to support
offshore wind development, such as port and transmission
infrastructure, and associated potential impacts to recreation, scenic,
cultural, historic, and natural resources relating to those activities.
q. 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.
8. Required Nomination Information
BOEM published the indications of competitive interest for a wind
energy lease received in response to the RFI on its website, including
both a heatmap of all the indications of competitive interest and maps
identifying areas of interest by individual company. BOEM has received
information that its 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 company's nominations received in response to
this Call. We 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, 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.
If you wish to nominate one or more areas for a commercial wind
energy lease within the Call area, 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 capacity
of up to 1,500 megawatts (assuming a conservative power density of 0.01
megawatts per acre). Nominations that considerably exceed the acreage
needed to support a generation capacity of up to 1,500 megawatts, such
as a nomination for the entire Call area, may be deemed unreasonable
and not accepted by BOEM.
(b) A rationale describing why the areas nominated were selected.
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 <a href="https://www.boem.gov/Renewable-Energy-Qualification-Guidelines/">https://www.boem.gov/Renewable-Energy-Qualification-Guidelines/</a>. For examples
of documentation appropriate for demonstrating your legal
qualifications and related guidance, contact Gina Best, BOEM Office of
Renewable Energy
[[Page 25433]]
Programs, at <a href="/cdn-cgi/l/email-protection#f1b6989f90dfb3948285b1939e949cdf969e87"><span class="__cf_email__" data-cfemail="89cee0e7e8a7cbecfafdc9ebe6ece4a7eee6ff">[email protected]</span></a> or 703-787-1341.
9. Protection of Privileged, Personal, or Confidential Information
a. Freedom of Information Act
BOEM will protect privileged or confidential information that 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 <a href="http://regulations.gov">regulations.gov</a>. 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 rulemaking, your submission is subject to 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.
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 NHPA as confidential.
10. 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 and
site characterization and assessment activities that BOEM may approve
after a lease is issued. Site characterization activities include
geophysical, geotechnical, archaeological, and biological surveys; site
assessment activities include installation and operation of
meteorological buoys. BOEM also will conduct appropriate consultations
with Federal agencies and Tribal, State, and local governments during
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, Endangered Species Act,
section 106 of the NHPA, and Executive Order 13175, ``Consultation and
Coordination with Indian Tribal Governments.''
Before BOEM may allow the construction of a wind energy project in
the Call area, a construction and operations plan (COP) needs to be
submitted and approved by BOEM. 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.
Elizabeth Klein,
Director, Bureau of Ocean Energy Management.
[FR Doc. 2023-08670 Filed 4-25-23; 8:45 am]
BILLING CODE 4340-98-P
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</html>Indexed from Federal Register on April 26, 2023.
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.