Notice2024-18841
Commercial Leasing for Wind Power Development on the Central Atlantic Outer Continental Shelf-Central Atlantic 2-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
August 22, 2024
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 Outer Continental Shelf (OCS) offshore the U.S. central Atlantic coast as part of a second round of planning for commercial leasing in the region (hereinafter, Central Atlantic 2). The Bureau of Ocean Energy Management (BOEM) will consider information received in response to this Call to determine whether to schedule a competitive lease sale or to issue a noncompetitive lease for any portion of the area described in this Call (Call Area). Those interested in providing comments or information regarding site conditions, resources, and multiple uses in close proximity to or within the Call Area should provide the information requested in section 8, "Requested Information from Interested or Affected Parties," under the "Supplementary Information" heading of this Call. Those interested in leasing within the Call Area for a commercial wind energy project should provide the information described in section 9, "Required Nomination Information," under "Supplementary Information." BOEM may or may not offer a lease for a commercial offshore wind energy project within the Call Area after further government consultations, public participation, and environmental analyses.
Full Text
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<title>Federal Register, Volume 89 Issue 163 (Thursday, August 22, 2024)</title>
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[Federal Register Volume 89, Number 163 (Thursday, August 22, 2024)]
[Notices]
[Pages 67960-67969]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-18841]
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DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
[Docket No. BOEM-2024-0040]
Commercial Leasing for Wind Power Development on the Central
Atlantic Outer Continental Shelf--Central Atlantic 2--Call for
Information and Nominations
AGENCY: Bureau of Ocean Energy Management, Interior.
ACTION: Call for information and nominations; request for comments.
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SUMMARY: This call for information and nominations (Call or notice)
invites public comment on, and assesses interest in, possible
commercial wind energy leasing on the Outer Continental Shelf (OCS)
offshore the U.S. central Atlantic coast as part of a second round of
planning for commercial leasing in the region (hereinafter, Central
Atlantic
[[Page 67961]]
2). The Bureau of Ocean Energy Management (BOEM) will consider
information received in response to this Call to determine whether to
schedule a competitive lease sale or to issue a noncompetitive lease
for any portion of the area described in this Call (Call Area). Those
interested in providing comments or information regarding site
conditions, resources, and multiple uses in close proximity to or
within the Call Area should provide the information requested in
section 8, ``Requested Information from Interested or Affected
Parties,'' under the ``Supplementary Information'' heading of this
Call. Those interested in leasing within the Call Area for a commercial
wind energy project should provide the information described in section
9, ``Required Nomination Information,'' under ``Supplementary
Information.'' BOEM may or may not offer a lease for a commercial
offshore wind energy project within the Call Area after further
government consultations, public participation, and environmental
analyses.
DATES: BOEM must receive your interest in or comments on commercial
leasing within the Call Area no later than October 21, 2024. Late
submissions may not be considered.
ADDRESSES: Please submit nomination information for commercial leasing
as discussed in section 9 entitled, ``Required Nomination
Information,'' electronically via email to <a href="/cdn-cgi/l/email-protection#fe8c9b909b899f9c929b9b909b8c9987be9c919b93d0999188"><span class="__cf_email__" data-cfemail="2d5f4843485a4c4f41484843485f4a546d4f424840034a425b">[email protected]</span></a> or
by hard copy by mail to the following address: Seth Theuerkauf, Bureau
of Ocean Energy Management, Office of Renewable Energy Programs, 45600
Woodland Road, Mailstop: VAM-OREP, Sterling, VA 20166. If you elect to
mail a hard copy, also include an electronic copy on a portable storage
device. Do not submit nominations via the Federal eRulemaking Portal.
BOEM will list the qualified parties that submitted nominations and the
aggregated locations of nominated areas on its website after review of
the nominations.
Please submit all other comments and information by either of the
following two methods:
1. Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. In the
search box at the top of the web page, enter BOEM-2024-0040 and then
click ``search.'' Follow the instructions to submit public comments and
to view supporting and related materials.
2. By mail to the following address: Bureau of Ocean Energy
Management, Office of Renewable Energy Programs, 45600 Woodland Road,
Mailstop: VAM-OREP, Sterling, VA 20166.
Treatment of confidential information is addressed in section 10 of
this notice entitled, ``Protection of Privileged, Personal, or
Confidential Information.'' BOEM will post all comments received on
<a href="http://regulations.gov">regulations.gov</a> unless labeled as confidential.
FOR FURTHER INFORMATION CONTACT: Seth Theuerkauf, Bureau of Ocean
Energy Management, Office of Renewable Energy Programs, 45600 Woodland
Road (VAM-OREP), Sterling, Virginia 20166. (202) 368-0644 or
<a href="/cdn-cgi/l/email-protection#f5a690819ddba19d908090879e948093b5979a9098db929a83"><span class="__cf_email__" data-cfemail="184b7d6c70364c707d6d7d6a73796d7e587a777d75367f776e">[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#66210f08074824031512260409030b48010910"><span class="__cf_email__" data-cfemail="387f515659167a5d4b4c785a575d55165f574e">[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 energy
development. There will be multiple opportunities to provide feedback
throughout the renewable energy planning and leasing process. A
detailed description of the Call Area may be found below in section 6,
``Description of Call Area.'' For more information about BOEM's
competitive and noncompetitive leasing processes, please see section 4,
``BOEM's Planning and Leasing Process.''
3. Background
The Energy Policy Act of 2005 amended OCSLA by adding subsection
8(p)(1)(C), which authorizes the Secretary of the Interior (Secretary)
to grant leases, easements, and rights-of-way on the OCS for activities
that are not otherwise authorized by law and that produce or support
production, transportation, or transmission of energy from sources
other than oil or gas, including renewable energy sources. The
Secretary delegated this authority to the BOEM Director. On April 29,
2009, the Department of the Interior (Department) published regulations
entitled, ``Renewable Energy and Alternate Uses of Existing Facilities
on the Outer Continental Shelf,'' \1\ which were subsequently re-
codified at 30 CFR part 585.\2\
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\1\ 74 FR 19638 (April 29, 2009).
\2\ 76 FR 64432 (October 18, 2011).
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On May 15, 2024, the Department amended its offshore renewable
energy regulations through the publication of the final Renewable
Energy Modernization Rule.\3\ This final rule reduces regulatory
burdens and streamlines processes, incorporates recommendations from
stakeholders, and will assist the U.S. in reaching its climate and
renewable energy goals. It also eliminates unnecessary requirements for
the deployment of meteorological buoys; increases survey flexibility;
improves the project design and installation verification process;
establishes a public Renewable Energy Leasing Schedule; reforms BOEM's
renewable energy auction regulations; tailors financial assurance
requirements and instruments; clarifies safety management system
regulations; revises other provisions; and makes technical corrections.
The Renewable Energy Modernization Rule became effective on July 15,
2024.
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\3\ 89 FR 42602 (May 15, 2024).
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In March 2021, the Biden-Harris administration established a goal
to deploy 30 gigawatts (GW) of offshore wind energy capacity by 2030.
BOEM is committed to this ambitious goal by responsibly fostering the
growth of offshore wind energy capacity and participating in
collaborative, data-based planning to inform decisions involving shared
ocean resources and the many users that depend on them.
BOEM appreciates the importance of coordinating its planning with
other OCS users, regulators, and relevant Federal agencies including,
but not limited to, the U.S. Fish and Wildlife Service (USFWS), the
National Park Service (NPS), the U.S. Army Corps of Engineers (USACE),
the U.S. Coast Guard (USCG), the National Aeronautics and Space
Administration (NASA), the National Oceanic and Atmospheric
[[Page 67962]]
Administration (NOAA), and the Department of Defense (DOD). BOEM also
regularly coordinates with, and requests input from, the Mid-Atlantic
Regional Council on the Ocean (MARCO) and Northeast Regional Ocean
Council (NROC), which includes federally recognized Tribes, Federal and
State agencies, and fishery management councils. BOEM also uses
information contained in the Mid-Atlantic and Northeast Ocean Data
Portals \4\ in its decision-making, among other sources of information,
because the portal includes maps of marine life, habitat areas,
cultural resources, transportation links, fishing areas, and other
human uses that must be considered when offshore energy or other
infrastructure projects are proposed.
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\4\ The Mid-Atlantic and Northeast Ocean Data Portals
(maintained by the Mid-Atlantic Committee on the Ocean [<a href="http://portal.midatlanticocean.org/">http://portal.midatlanticocean.org/</a>] and Northeast Regional Ocean Council
[<a href="https://www.northeastoceandata.org">https://www.northeastoceandata.org</a>], respectively) draw 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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a. Central Atlantic Task Force
In 2020 and 2021, BOEM received requests from the Commonwealth of
Virginia and the State of Maryland, respectively, to convene a regional
renewable energy task force and begin the process that could lead to a
lease sale. In response, BOEM established the Central Atlantic
Intergovernmental Renewable Energy Task Force to facilitate
coordination among relevant Federal agencies and Tribal, State, and
local governments throughout the leasing process. The first task force
meeting was held virtually on February 16, 2022, with the most recent
task force meeting occurring on October 10, 2023. Materials from the
task force meeting are available on the BOEM website at: <a href="https://www.boem.gov/renewable-energy/state-activities/central-atlantic">https://www.boem.gov/renewable-energy/state-activities/central-atlantic</a>.
b. Central Atlantic 1 Planning and Leasing
On April 29, 2022, BOEM published the ``Call for Information and
Nominations-Commercial Leasing for Wind Power Development on the
Central Atlantic Outer Continental Shelf (OCS)'' (hereinafter, Central
Atlantic 1; BOEM-2022-0023) in the Federal Register.\5\ The Central
Atlantic 1 Call Area (Figure 1) included six distinct areas (known as
areas A-F) offshore the Commonwealth of Virginia and the States of
Delaware, Maryland, and North Carolina, roughly bounded to the north by
the mouth of Delaware Bay and to the south by Cape Hatteras, and
comprising approximately 3,897,388 acres (1,577,217 hectares). On
November 16, 2022, BOEM announced eight draft Wind Energy Areas (WEAs)
within the Central Atlantic 1 Call Area covering approximately 1.7
million acres and located approximately 19 to 77 nautical miles off the
Central Atlantic coast. On July 31, 2023, BOEM announced three final
WEAs offshore Delaware, Maryland, and Virginia, including WEA A-2
(101,767 acres, located 26 nautical miles (nm) from Delaware Bay), WEA
B-1 (78,285 acres, located 23 nm from Ocean City, MD), and WEA C-1
(176,506 acres, located 35 nm from Chesapeake Bay). The three final
WEAs are in comparatively shallow water; BOEM deferred a decision on
identification of additional final WEAs in deepwater areas (i.e., those
within Central Atlantic 1 Call Area areas E and F) until further study
can be completed. On December 11, 2023, BOEM published the Proposed
Sale Notice for the Central Atlantic region, including Lease Area A-2
(comprised of the entirety of WEA A-2) and Lease Area C-1 (comprised of
the entirety of WEA C-1), but excluding WEA B-1 due to the significant
cost and mitigation needed to accommodate offshore wind construction
and operations in that area. BOEM published a Final Sale Notice on July
1, 2024, which included OCS-A 0557 (Lease Area A-2) and OCS-A 0558
(Lease Area C-1). BOEM held the lease sale (ATLW-10) for these two
lease areas on August 14, 2024.
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\5\ 87 FR 25539 (April 29, 2022).
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[[Page 67963]]
[GRAPHIC] [TIFF OMITTED] TN22AU24.000
Figure 1: Outcomes of the Central Atlantic 1 lease planning process,
including the original Central Atlantic 1 Call Area, draft Wind Energy
Areas (WEAs), final WEAs, and Final Sale Notice (FSN) areas.
c. Central Atlantic 2 Planning and Leasing
Throughout early 2024, BOEM held a series of meetings with States
throughout the Central Atlantic region, including North Carolina,
Virginia, Maryland, Delaware, and New Jersey to determine interest from
the States in pursuing additional planning for offshore wind lease
areas to support each States' offshore wind energy goals through
Central Atlantic 2. The State of North Carolina indicated interest in
identification of additional lease areas to accommodate 3.0 GW of
capacity (i.e., on the order of approximately 185,000 acres \6\) to
fulfill its remaining offshore wind energy goal of 8.0 GW by 2040. The
State of Maryland indicated interest in identification of additional
lease areas to accommodate between 1.5-4.0 GW (i.e., between
approximately 95,000-250,000 acres \6\) of remaining need to meet its
8.5 GW by 2031 goal. The State of Delaware's General Assembly recently
passed the Delaware Energy Solutions Act (which Governor John Carney is
expected to sign) that authorizes the State Energy Office to procure up
to 1.2 GW (i.e., on the order of approximately 75,000 acres \6\) of
offshore wind energy through one or multiple offshore wind projects,
either as standalone projects or in partnership with other states'
project. North Carolina indicated interest in analysis of areas farther
south than Cape Hatteras, which was the original southern boundary of
the Central Atlantic 1 Call Area, towards a full evaluation of the OCS
offshore of North Carolina. Maryland indicated potential interest in
exploring areas farther north of Delaware Bay, which was the original
northern boundary of the Central Atlantic 1 Call Area. Additionally,
Maryland expressed interest in further analysis of the deepwater
portions of the Central Atlantic 1 Call Area (i.e., areas E and F).
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\6\ Acreage estimates are based upon power density estimates of
4.0 megawatts (MW) per square kilometer, as described in the U.S.
Department of Energy Office of Energy Efficiency and Renewable
Energy's Offshore Wind Market Report: 2023 Edition, available at:
<a href="https://www.energy.gov/sites/default/files/2023-09/doe-offshore-wind-market-report-2023-edition.pdf">https://www.energy.gov/sites/default/files/2023-09/doe-offshore-wind-market-report-2023-edition.pdf</a>.
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4. BOEM's Planning and Leasing Process
a. Determination of Competitive Interest
Subsection 8(p)(3) of OCSLA states that ``the Secretary shall issue
a lease, easement, or right-of-way. . . on a competitive basis unless
the Secretary determines after public notice of a proposed lease,
easement, or right-of-way that there is no competitive interest.''
If BOEM determines that competitive interest exists in acquiring a
lease to develop offshore wind energy and the areas within the Call
Area are appropriate to lease, BOEM may hold one or more competitive
lease sales for those areas. If BOEM holds a lease sale, all qualified
bidders, including bidders that did not submit a nomination in response
to this Call, will be able to participate in the lease sale.
BOEM reserves the right to refrain from offering for lease any
areas that are nominated as a result of this Call and to modify
nominated areas before offering them for lease.
[[Page 67964]]
b. Competitive Leasing Process
BOEM will follow the steps required by 30 CFR 585.211 through
585.226 if it decides to proceed with the competitive leasing process
after analyzing the responses to this Call. Those steps are:
(1) Area Identification: Based on the information received in
response to this Call, BOEM will identify areas for environmental
analysis and consideration for leasing. Those areas will constitute
WEAs and will be subject to environmental analysis in consultation with
appropriate Federal agencies, federally recognized Tribes, State and
local governments, and other interested parties. Before finalizing the
WEAs, BOEM has committed to publishing draft WEAs and will hold a 30-
day comment period with a docket on <a href="http://regulations.gov">regulations.gov</a>.
(2) Proposed Sale Notice (PSN): If BOEM decides to proceed with a
competitive lease sale within the WEAs, BOEM will publish a PSN in the
Federal Register with a comment period of not less than 30 days. The
PSN will describe the areas BOEM intends to offer for leasing, the
proposed conditions of a lease sale, the proposed auction format of the
lease sale, and the lease instrument, including the proposed lease
addenda. Additionally, the PSN will describe the criteria and process
for evaluating bids in the lease sale.
(3) Final Sale Notice (FSN): After considering the comments on the
PSN and completing its environmental analysis and consultations, if
BOEM decides to proceed with a competitive lease sale, it will publish
an FSN in the Federal Register at least 30 days before the date of the
lease sale.
(4) Bid Submission and Evaluation: Following the publication of the
FSN in the Federal Register, BOEM will offer the lease area(s) through
a competitive sale process using procedures specified in the FSN. BOEM
will review the sale, including bids and bid deposits, for technical
and legal adequacy. BOEM will ensure that bidders have complied with
all applicable regulations. BOEM reserves the right to reject all bids
and to withdraw an offer to lease an area, even after bids have been
submitted.
(5) Issuance of a Lease: Following identification of the winning
bidder on a lease area, BOEM will notify that bidder and provide the
lease documents for signature.
5. Development of the Call Area
BOEM engaged in discussions throughout early 2024 with several
Federal agencies (i.e., NOAA, USFWS, DOD, NASA, and USCG) and State
governments (i.e., New Jersey, Delaware, Maryland, Virginia, and North
Carolina) before deciding upon the Call Area boundaries. Multiple
Central Atlantic States expressed interest to BOEM in analyzing the
compatibility of areas outside of the boundaries of the original
Central Atlantic 1 Call Area for potential offshore wind leasing. BOEM
also received feedback during the Central Atlantic 1 planning process
from stakeholders and ocean users requesting that areas not be removed
early in the planning process so additional input could be provided to
BOEM prior to large area removals. Furthermore, given the breadth of
relevant spatial data representing marine natural resources and ocean
uses available in the Central Atlantic region, it was determined that a
broadened Central Atlantic 2 Call Area would permit robust application
of the suitability model to identify the least conflicted areas in the
region. Therefore, BOEM's strategy for the Central Atlantic 2 Call Area
is to start with an expanded geographic area and limit the removal of
areas with potential conflicts until after public comment and
engagement on the Call Area has occurred.
BOEM defined the northern boundary of the Call Area as the area
abutting the southernmost extent of the Call Area described in the
``Commercial Leasing for Wind Power on the Outer Continental Shelf in
the New York Bight--Call for Information and Nominations'' (BOEM-2018-
0004), published in the Federal Register.\7\ Given the interest
expressed from the State of North Carolina in analyzing the potential
compatibility of the full OCS offshore of North Carolina, BOEM defined
the southern boundary of the Call Area by extending the state line
between North and South Carolina eastward into the offshore OCS. The
eastern boundary was defined by the 60-meter bathymetric contour given
depth limitations associated with the installation of typical fixed
monopile foundations for offshore wind turbines.\8\ The western
boundary was defined as the line located three nm from the coastline,
where the OCS begins and all submerged lands lying seaward are under
federal jurisdiction.
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\7\ 83 FR 15602 (April 11, 2018).
\8\ Musial, W., Spitsen, P., Duffy, P., Beiter, P., Shields, M.,
Hernando, D. M., Hammond, R., Marquis, M., King, J., & Sathish, S.
(2023). Offshore Wind Market Report: 2023 Edition. <a href="https://doi.org/10.2172/2001112">https://doi.org/10.2172/2001112</a>.
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BOEM removed only a limited number of areas from the Call Area,
including areas in which offshore wind energy development cannot occur
as a result of law, jurisdiction, or technical considerations. These
include:
<bullet> Units of the National Park System, National Wildlife
Refuge System, National Marine Sanctuary System, or any National
Monument (Sec. 585.204);
<bullet> Existing Traffic Separation Schemes (TSS), fairways, or
other internationally recognized navigation measures;
<bullet> Existing BOEM lease areas; and
<bullet> Unsolicited lease request areas that are the subject of a
separate request for competitive interest.
BOEM recognizes that the Call Area includes areas that conflict
with existing ocean uses (e.g., fishing, shipping) and sensitive
habitats that are important to the conservation and recovery of
protected species, including specific areas about which BOEM has
previously received feedback from the Central Atlantic Task Force and
the public during the Central Atlantic 1 process. BOEM intends to
integrate both: (a) previous feedback and (b) additional information
requested on the areas in this notice, within the suitability model to
assist in identifying areas appropriate for WEAs through the next phase
of the planning process. To synthesize and communicate feedback BOEM
received during the Central Atlantic 1 process and that BOEM is further
considering as part of the Central Atlantic 2 process, BOEM developed:
(1) a series of sector-specific maps identifying specific areas of
known concern within the Central Atlantic 2 Call Area, and (2) a
Central Atlantic Data Inventory that includes specific spatial data
that represent natural resources and ocean uses in the Central Atlantic
region that BOEM is considering for inclusion in the suitability model.
These resources can be accessed at: <a href="https://www.boem.gov/renewable-energy/state-activities/central-atlantic">https://www.boem.gov/renewable-energy/state-activities/central-atlantic</a>. BOEM welcomes comments and
further feedback on either of these resources, including the specific
questions included in section 8, ``Requested Information from
Interested or Affected Parties.''
6. Description of Call Area
The Call Area consists of 13,476,805 acres located off the coasts
of New Jersey, Delaware, Maryland, Virginia, and North Carolina (see
Figure 1). The map depicting the Call Area (Figure 1), a spreadsheet
listing its specific OCS blocks, and an Esri shapefile are available
for download on the BOEM website at https://www.boem.gov/
[[Page 67965]]
renewable-energy/state-activities/central-atlantic.
[GRAPHIC] [TIFF OMITTED] TN22AU24.001
Figure 2. Central Atlantic 2 Call for Information and Nominations Area
7. Central Atlantic 2 Next Steps
The Call Area identifies broad portions of the OCS offshore the
U.S. central Atlantic coast for further analysis. That analysis
includes commercial nominations and public comments submitted in
response to this Call so that potential use conflicts can be analyzed
during the next step in the leasing process: the designation of
specific wind energy areas (Area Identification). BOEM's analysis
during Area Identification will evaluate the appropriateness of the
Call Area for offshore wind energy development, balanced against
potential ocean user conflicts. BOEM will consider information from
environmental reviews, consultations, public comments, and continued
coordination with the Central Atlantic Intergovernmental Renewable
Energy Task Force, which includes relevant Federal, Tribal, State, and
local governments. BOEM anticipates designating specific WEAs within
the Call Area and developing lease terms and conditions to mitigate any
possible adverse impacts from leasing, site assessment, construction,
and operational activities.
a. BOEM/National Centers for Coastal Ocean Science (NCCOS) Partnership
In September 2022, BOEM announced enhancements to its Area
Identification process.\9\ One of these enhancements was a partnership
with NCCOS to employ a spatial model that analyzes entire marine
ecosystems to identify the least conflicted areas for wind energy
sites. NCCOS and BOEM are leveraging a team of expert spatial planners,
marine and fisheries scientists, project coordinators, environmental
policy analysts, and other subject matter experts to develop the
Central Atlantic Offshore Wind Suitability Model (suitability model).
The suitability model will build upon the model that was developed to
inform the most recent round of leasing in the Central Atlantic region,
including a geographic expansion of the modeling domain to reflect the
broadened Call Area and an update to underlying spatial data to reflect
developments in best available spatial data and feedback provided via
the Central Atlantic Task Force and public comments during Central
Atlantic 1. To review the final report that describes the suitability
model developed for Central Atlantic 1, please visit: <a href="https://www.boem.gov/renewable-energy/state-activities/central-atlantic">https://www.boem.gov/renewable-energy/state-activities/central-atlantic</a>-
appendix-b-wea-final-report-nccos.
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\9\ BOEM Enhances its Processes to Identify Future Offshore Wind
Energy Areas. (September 16, 2022). Bureau of Ocean Energy
Management. <a href="https://www.boem.gov/newsroom/notes-stakeholders/boem-enhances-its-processes-identify-future-offshore-wind-energy-areas">https://www.boem.gov/newsroom/notes-stakeholders/boem-enhances-its-processes-identify-future-offshore-wind-energy-areas</a>.
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BOEM and NCCOS intend to use the suitability modeling methods that
were previously applied to offshore wind energy siting efforts in the
Gulf of Mexico, Gulf of Maine, and Central Atlantic regions to inform
development of Central Atlantic 2 draft WEAs.
[[Page 67966]]
NCCOS's spatial modeling approach provides a powerful tool for
identifying areas that are most suitable for offshore wind energy
development. Additionally, BOEM intends for this partnership and
modeling approach to enhance transparency, improve engagement, and
provide a consistent, reproducible methodology for understanding and
deconflicting ocean space.
b. Memorandum of Understanding (MOU) Between BOEM and the State of
Maryland
On June 7, the Department announced \10\ an MOU between BOEM and
the State of Maryland to support the coordinated development of wind
energy generation offshore Maryland. Under the MOU, BOEM and the State
of Maryland will continue ongoing efforts to explore and identify
potential areas for offshore wind leasing, including through the
Central Atlantic 2 planning and leasing process. BOEM will also
continue to convene the Central Atlantic Task Force with the State and
other government stakeholders to enhance collaboration and address
challenges associated with the siting of offshore wind leasing areas.
These efforts will support and augment existing and planned
coordination for developing offshore wind energy in the Central
Atlantic region.
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\10\ Biden-Harris Administration Leaders Announce Steps to
Advance Offshore Wind Progress in Maryland. (June 7, 2024).
Department of the Interior. <a href="https://www.doi.gov/pressreleases/biden-harris-administration-leaders-announce-steps-advance-offshore-wind-progress">https://www.doi.gov/pressreleases/biden-harris-administration-leaders-announce-steps-advance-offshore-wind-progress</a>.
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c. Coordination With DOD
The DOD conducts offshore testing, training, and operations within
portions of the Call Area. BOEM intends to refine the Call Area during
the Area Identification process based on DOD's assessment of
compatibility between commercial offshore wind energy development and
DOD activities. BOEM is working with the DOD and will continue
collaborating closely with DOD to update the Central Atlantic's
offshore wind energy compatibility assessment. That assessment may
identify wind energy exclusion areas and/or areas that may require
site-specific conditions and stipulations to ensure offshore wind
energy facilities are compatible with DOD activities. These
stipulations may include, among others: hold and save harmless
agreements; mandatory coordination with DOD on specified activities;
restrictions on electromagnetic emissions; and evacuation procedures
from the lease area for safety reasons when notified by the DOD. BOEM
may remove from leasing consideration any OCS blocks identified as
incompatible with DOD's activities in the updated assessment.
d. Coordination With USCG
On January 19, 2024, USCG published a notice of proposed rulemaking
to establish shipping safety fairways (``fairways'') along the Atlantic
Coast of the United States previously identified in the Atlantic Coast
Port Access Route Study (ACPARS) (USCG-2019-0279-0032) in the Federal
Register.\11\ The comment period closed on May 17, 2024. BOEM is aware
of potential conflicts between the Call Area and the proposed fairways
published in the proposed rulemaking. BOEM is working closely with USCG
to ensure WEAs and fairways identified in the final rule are
deconflicted during Area Identification and subsequent phases of the
leasing process.
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\11\ 89 FR 3587 (January 19, 2024).
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e. Coordination With NASA
NASA conducts a wide range of launch and flight operations from the
Wallops Flight Facility (WFF) located on Wallops Island, Virginia.
Operations extend over a wide-range of azimuths from WFF for launch
vehicles that fly from low elevations just above the sea surface to
suborbital missions and launches up to low-Earth orbit. NASA has
previously communicated to BOEM a composite hazard area for most
missions launched from WFF. BOEM is aware of potential conflicts
between the Call Area and the WFF hazard area and is working closely
with NASA to deconflict possible WEAs relative to the hazard area.
f. Coordination With NPS
NPS manages a number of units of the National Park System within
close proximity to the Call Area, including Great Egg Harbor Scenic and
Recreational River, Assateague Island National Seashore, Colonial
National Historical Park, Wright Brothers National Memorial, Fort
Raleigh National Historical Site, Cape Hatteras National Seashore, and
Cape Lookout National Seashore. NPS also has program responsibilities
for National Historic Landmarks (NHLs) and National Natural Landmarks
(NNLs) adjacent to the Call Area. NPS has previously provided
information to BOEM regarding NPS units, NHLs, and NNLs as part of the
Central Atlantic 1 planning process, and BOEM will further coordinate
with NPS to deconflict possible WEAs relative to these NPS assets.
8. Requested Information From Interested or Affected Parties
BOEM requests comments regarding the following features,
activities, mitigations, or concerns within or around the Call Area, as
well as the Central Atlantic 1 deepwater Call Area areas (i.e., areas E
and F; see `c' below). Commenters should be as specific and detailed as
possible to help BOEM understand and address the comments. Where
applicable, spatial information should be submitted in a format
compatible with Esri ArcGIS (Esri shapefile or Esri file geodatabase)
in the NAD 83 geographic coordinate system.
a. BOEM and NCCOS Suitability Modeling
i. In partnership with NCCOS (described in section 7.a), BOEM
published a list of the datasets it plans to use to inform the WEA
suitability model. The datasets are available at <a href="https://www.boem.gov/renewable-energy/state-activities/central-atlantic">https://www.boem.gov/renewable-energy/state-activities/central-atlantic</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 relevant spatial
data for areas between the Call Area and the coastline to inform
suitability modeling of potential transmission cable corridors. This
work would build upon the data and approach used in the WEA site
suitability model. Working with our partners in Tribal, State, and
local governments will be essential for procuring available data and
identifying data gaps.
iii. Wind Resource and Developability: BOEM is aware of multiple
recent spatial data developments that are under consideration for
inclusion within the suitability model to inform wind resource
assessment and potential developability of locations within the Call
Area. Specifically, BOEM is aware of: (1) a 2024 update to the National
Renewable Energy Laboratory's (NREL) Levelized Cost of Energy dataset
for offshore wind; (2) a 2023 update to NREL's Atlantic wind speed
data; and (3) a Joint Industry Project funded by DOE, and led by NREL
and Cornell University, with additional funding and participation from
offshore wind developers and BOEM to assess the
[[Page 67967]]
wake effect between adjacent offshore wind farms.
b. Call Area: Areas and Spatial Data Requiring Further Analysis
Through the Central Atlantic 1 planning process BOEM received
feedback from the Central Atlantic Task Force and the public through
meetings and comment periods. The numbered non-exhaustive list below
reflects areas and spatial data that BOEM heard about most frequently
through feedback. Note that a description of areas and spatial data
reflective of known DOD, USCG, NASA, and NPS concerns are described in
sections 7.c-f.
BOEM currently plans to consider the below described areas and
spatial data in the WEA suitability model (described in section 7.a),
which could result in a finding that they have low or high suitability
for offshore wind. However, BOEM asks for additional information on the
specific areas and spatial data listed below to inform BOEM about
whether alternative action may be necessary (e.g., removing or
constraining certain areas or components of spatial data prior to
running the suitability model). Specifically, BOEM seeks data and
science-based justifications for how boundaries and any buffers or
setbacks should be determined for these areas and spatial data, as well
as information regarding whether any effects from offshore wind could
be mitigable.
i. Recreational and Commercial Fisheries
Areas: Multiple specific areas of recreational and commercial
fisheries concern have been communicated to BOEM, including the:
Scallop Rotational Management Areas; Scup Southern Gear Restricted
Areas; New Jersey Prime Fishing Areas; Maryland Recreational Fishing
Areas; South Cape Lookout Spawning Special Management Zone; and the
Snowy Grouper Wreck Marine Protected Area. BOEM is also aware of
specific areas requested for avoidance within the Central Atlantic 1
Call Area by the Blue Water Fishermen's Association and the Virginia
Marine Resources Commission.
Spatial Data: Multiple comments recommended the use of Vessel
Monitoring System (VMS) data to reflect commercial fisheries efforts
(e.g., all fisheries, ocean quahog, scallop, squid), noting the
limitations of these data for the areas offshore North Carolina.
Comments also recommended the use of Vessel Trip Report (VTR), logbook,
and port-specific landings data. Fisheries independent survey data,
such as the various long-term surf clam and scallop surveys, were
recommended to represent potential areas of importance to those
fisheries. Large Pelagic Survey data were recommended to represent
recreational fishing efforts for highly migratory species, alongside
other data reflective of areas of importance to sportfishing
tournaments in the region.
While the above list is not exhaustive, BOEM anticipates
coordinating closely with NOAA Fisheries Greater Atlantic Regional
Field Office (GARFO) and Southeast Regional Office (SERO) to determine
the best available spatial data to represent commercial and
recreational fisheries in the region.
ii. Marine Habitats
Multiple comments recommended avoidance of the Carl N. Shuster
Horseshoe Crab Reserve, artificial reefs, hardbottom and live bottom
habitat areas, deep-sea coral areas, and submarine canyons (e.g., `The
Point').
While the above list is not exhaustive, BOEM anticipates
coordinating closely with NOAA Fisheries GARFO and SERO to determine
the best available spatial data to represent marine habitats in the
region. This coordination may include development of a ``combined
habitat data layer'' that provides a composite analysis of marine
habitat areas of concern, similar to the approach utilized within the
suitability model developed for Central Atlantic 1. For more
information, please visit: <a href="https://www.boem.gov/renewable-energy/state-activities/central-atlantic">https://www.boem.gov/renewable-energy/state-activities/central-atlantic</a>-appendix-b-wea-final-report-nccos.
iii. Protected Species
Multiple comments recommended avoidance of areas important to
protected avian and marine species, such as the black-capped petrel,
loggerhead sea turtles, and humpback whales. While the above list is
not exhaustive, BOEM anticipates coordinating closely with the USFWS
and NOAA Fisheries GARFO and SERO to determine the best available
spatial data to represent protected species in the region. This may
include the development of one or more ``combined protected species
data layers'' that provides a composite analysis of protected species
areas of concern, similar to the approach utilized within the
suitability model developed for Central Atlantic 1. For more
information, please visit: <a href="https://www.boem.gov/renewable-energy/state-activities/central-atlantic">https://www.boem.gov/renewable-energy/state-activities/central-atlantic</a>-appendix-b-wea-final-report-nccos.
iv. Industry and Navigation
Multiple comments recommended avoidance of areas associated with
munitions and explosives of concern (i.e., unexploded ordnance areas),
ocean disposal sites, subsea cables (i.e., MAREA, BRUSA, DUNANT,
GlobeNet, and Tat-14), wrecks and obstructions, and anchorage areas.
BOEM will coordinate closely with the USCG and NASA on potential
conflicts between the Call Area and: (a) the proposed shipping fairways
along the Atlantic Coast of the United States described in the notice
of proposed rulemaking (USCG-2019-0279-0032) in the Federal
Register,\12\ and (b) the WFF composite hazard area.
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\12\ 89 FR 3587 (January 19, 2024).
---------------------------------------------------------------------------
c. BOEM deferred a decision on the identification of additional
WEAs in the Central Atlantic 1 deepwater Call Area areas (i.e., areas E
and F; Figure 2) until BOEM could complete further study (for more
information on these areas, please visit: <a href="https://www.boem.gov/renewable-energy/state-activities/central-atlantic">https://www.boem.gov/renewable-energy/state-activities/central-atlantic</a>. Multiple comments
received through the Central Atlantic 1 planning process expressed
concerns regarding natural resource conflicts within these areas,
including the presence of the Frank R. Lautenberg Deep-Sea Coral
Protection Area and areas of high density of black-capped petrel
seabirds. BOEM seeks information regarding the technoeconomic
feasibility of offshore wind energy development within the Central
Atlantic 1 deepwater Call Areas, along with other information that may
help BOEM determine the appropriateness of these areas for offshore
wind leasing.
d. Information regarding the identification of historic properties
or potential effects to historic properties from leasing, site
assessment activities (including the construction of meteorological
towers or the installation of meteorological buoys), or commercial wind
energy development in the Call Area. This includes potential offshore
archaeological sites, cultural resources, or other historic properties
within the areas described in this notice and onshore historic
properties that could potentially be affected by renewable energy
activities within the Call Area. This information will inform BOEM's
review of future undertakings conducted pursuant to section 106 of the
National Historic Preservation Act (NHPA) and the National
Environmental Policy Act (NEPA).
e. Information relating to visual and scenic resources, including
seascape, landscape, and ocean character aesthetics; visually sensitive
areas along the coastline that are sensitive to changes in ocean views
(e.g., scenic seaside trails, National Park System
[[Page 67968]]
units, National Wildlife Refuges, state parks, historic districts,
conservation areas, and other special designations with scenic value);
suggestions for potential key observation points for evaluating
potential visual impacts (i.e., places that people visit, recreate,
work, and live where ocean views contribute to the quality of
experience); general or specific public concerns over potential visual
impacts by wind energy development; and potential strategies to help
minimize or mitigate any visual effects. BOEM welcomes input on the
degree of acceptable or unacceptable levels of offshore wind energy
visibility as would be seen from the coastline, and thresholds of
diminished or increased visibility as influenced by distances between
onshore viewers and wind energy facilities. BOEM welcomes
recommendations on minimum distances between the coastline and lease
areas to minimize concerns over potential visual impacts.
f. Information regarding the potential for interference with radar
systems covering the Call Area, including, but not limited to, the use
of surface and airborne radar systems for offshore search and rescue
operations and environmental monitoring.
g. Information regarding ongoing and future exploration for
offshore sand resources, including nearshore resources and placement
areas that may be impacted by new lease areas or possible electrical
cable transmission routes. This includes pertinent information
regarding future sand resource needs for the region. This information
will be used in coordination with the USACE, BOEM's Marine Minerals
Program, and other stakeholders to analyze multi-use conflicts.
h. Information on the constraints and advantages of possible
electrical cable transmission routes, including onshore landing and
interconnection points for cables connecting offshore wind energy
facilities to the onshore electrical grid, and information regarding
future demand for electricity in the region.
i. BOEM is continuing to take a planned approach to transmission,
including potentially requiring the use of shared infrastructure for
interconnection, where appropriate. BOEM requests expressions of
general interest by developers in the potential development and use of
shared transmission infrastructure. This could include agreements among
offshore wind lessees for shared systems or the independent development
of transmission systems, including backbone or networked systems. For
independent systems, BOEM may need to issue a Right of Way Grant or
Right of Use Easement, which would involve a separate process from the
competitive lease sale that may result from Central Atlantic 2.
Feedback may also include comments from potential lessees on ways to
better incentivize the use of shared infrastructure for transmission.
BOEM also recognizes that the region identified could interconnect in
both the PJM area or independent states and, therefore, is interested
in receiving feedback on obstacles and opportunities for interregional
systems.
j. Information regarding the size and number of WEAs, taking into
consideration the offshore wind energy goals of states surrounding the
Call Area. BOEM requests further information on what additional factors
it should consider in determining the size and number of WEAs.
k. Information regarding potential auction formats that BOEM may
consider as part of the leasing process.
l. Information related to Tribal Nations in the Central Atlantic
region and interactions with potential offshore wind energy facilities,
such as potential impacts to Tribal cultural practices; lands; treaty
rights; resources; ancestral lands; sacred sites, including sites that
are submerged; access to traditional areas of cultural or religious
importance on federally managed lands and waters; and the ability of a
Tribe to govern or provide services to its members. BOEM will protect
confidential information shared by Tribes in response to this Call to
the extent authorized by federal law. Treatment of confidential
information is addressed in section 10 of this notice entitled,
``Protection of Privileged, Personal, or Confidential Information.''
m. Socioeconomic information for communities potentially affected
by wind energy leasing in the Call Area, including community profiles,
vulnerability and resiliency data, and information on environmental
justice communities. BOEM also solicits comments on how to best
meaningfully engage with these communities.
n. Information on coastal or onshore activities needed to support
offshore wind energy development, such as port and transmission
infrastructure, and associated potential impacts to recreation, scenic,
cultural, historical, and natural resources relating to those
activities.
o. Any other relevant information that you think BOEM should
consider during its planning and decision-making process for the
purpose of identifying areas to lease within the Call Area.
9. Required Nomination Information
BOEM previously received information that its former practice of
publishing the areas nominated by each qualified company in response to
a Call may disincentivize entities from submitting nominations.
Nominations and the accompanying rationale are extremely useful to help
BOEM understand and model the commercial viability of portions of the
OCS. Therefore, BOEM will not publish individual maps of each qualified
company's nominations received in response to this Call. BOEM will
publish a heatmap that shows an aggregated view of all the nominations
and a list of the qualified companies that submitted nominations. Where
applicable, qualified companies should submit spatial information in a
format compatible with ESRI ArcGIS (ESRI shapefile or ESRI file
geodatabase) in the NAD 83 geographic coordinate system.
BOEM deferred a decision on the identification of additional WEAs
in the Central Atlantic 1 deepwater Call Area areas (i.e., areas E and
F; Figure 2) until BOEM could complete further study. As part of
Central Atlantic 1 published in mid-2022, BOEM received nominations
from companies within these Call Area areas (for more information,
please visit: <a href="https://www.boem.gov/renewable-energy/state-activities/central-atlantic">https://www.boem.gov/renewable-energy/state-activities/central-atlantic</a>). BOEM is accepting nominations within the deepwater
Call Area areas, and depending upon the level of industry interest
indicated by potential nominations and the consideration of other
information received related to section 8.c above, BOEM may consider
further evaluation of these areas as part of the Central Atlantic 2
planning and leasing process.
If you wish to nominate one or more areas for a commercial wind
energy lease within the Call Area or the Central Atlantic 1 deepwater
Call Area areas E and F, you must provide the following information for
each nomination:
(a) The BOEM protraction name, number, and the specific whole or
partial OCS blocks within the Call Area that you are interested in
leasing. If your nomination includes one or more partial blocks, please
describe those partial blocks in terms of sixteenths (i.e., sub-block)
of an OCS block. Each area you nominate should be sized appropriately
to accommodate the development of a reasonable wind energy facility
(e.g., a facility with the generation capacity of up to 1,500
megawatts). For context, BOEM would consider the nomination of an area
containing 150,000 acres appropriate to support a generation
[[Page 67969]]
capacity of up to 2,428 megawatts (assuming a 4-MW/km\2\ wind turbine
density). Nominations that considerably exceed the acreage needed to
support a generation capacity of up to 2,428 megawatts, such as a
nomination for the entire Call Area, may be deemed unreasonable and not
accepted by BOEM.
(b) A rationale describing why you selected the nominated areas.
The more detailed the rationale provided, the more informative it will
be to BOEM's process. BOEM is particularly interested in how factors
like wind speed, water depth, seafloor slope and bottom type, and
interconnection points factor into the nomination process.
(c) A description of your objectives and the facilities that you
would use to achieve those objectives.
(d) A preliminary schedule of proposed activities, including those
leading to commercial operations.
(e) Available and pertinent data and information concerning
renewable energy resources and environmental conditions in each area
that you wish to lease, including energy and resource data, and other
information used to evaluate the area.
(f) Documentation demonstrating that you are legally, technically,
and financially qualified to hold an OCS wind energy lease, as set
forth in 30 CFR 585.107--585.108. Qualification materials should be
developed in accordance with the guidelines available at <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 Programs, at <a href="/cdn-cgi/l/email-protection#1057797e713e5275636450727f757d3e777f66"><span class="__cf_email__" data-cfemail="8fc8e6e1eea1cdeafcfbcfede0eae2a1e8e0f9">[email protected]</span></a> or 703-787-1341.
10. Protection of Privileged, Personal, or Confidential Information
a. Freedom of Information Act
BOEM will protect privileged or confidential information you submit
when required by the Freedom of Information Act (FOIA). Exemption 4 of
FOIA applies to trade secrets and commercial or financial information
that is privileged or confidential. If you wish to protect the
confidentiality of such information, clearly label it and request that
BOEM treat it as confidential. BOEM will not disclose such information
if BOEM determines under 30 CFR 585.114(b) that it qualifies for
exemption from disclosure under FOIA. Please label privileged or
confidential information ``Contains Confidential Information'' and
consider submitting such information as a separate attachment.
BOEM will not treat as confidential any aggregate summaries of such
information or comments not containing such privileged or confidential
information. Information that is not labeled as privileged or
confidential may be regarded by BOEM as suitable for public release.
b. Personally Identifiable Information
BOEM encourages you not to submit anonymous comments. Please
include your name and address as part of your comment. You should be
aware that your entire comment, including your name, address, and any
personally identifiable information (PII) included in your comment, may
be made publicly available. All submissions from identified
individuals, businesses, and organizations will be available for public
viewing on <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 Call, your submission is subject to FOIA and, if your
submission is requested under the FOIA, your information will be
withheld only if a determination is made that one of the FOIA's
exemptions to disclosure applies. Such a determination will be made in
accordance with the Department's FOIA regulations and applicable law.
c. Section 304 of the NHPA (54 U.S.C. 307103(a))
After consultation with the Secretary, BOEM is required to withhold
the location, character, or ownership of historic resources if it
determines that disclosure may, among other things, risk harm to the
historic resources or impede the use of a traditional religious site by
practitioners. Tribal entities should designate information that falls
under section 304 of the NHPA as confidential.
11. BOEM's Environmental Review Process
Before deciding whether leases may be issued, BOEM will prepare an
environmental assessment (EA) under NEPA (including public comment
periods to determine the scope of the EA and to review and comment on
the draft EA). The EA will analyze anticipated impacts from leasing
within the WEAs and site characterization and assessment activities
expected to occur after a lease is issued. Site characterization
activities include geophysical, geotechnical, archaeological, and
biological surveys, and site assessment activities including the
installation and operation of meteorological buoys. BOEM will also
conduct appropriate consultations with Federal agencies and Tribal,
State, and local governments during preparation of the EA. These
consultations include, but are not limited to, those required by the
Coastal Zone Management Act, the Magnuson-Stevens Fishery Conservation
and Management Act, the Endangered Species Act, section 106 of the
NHPA, and Executive Order 13175, ``Consultation and Coordination with
Indian Tribal Governments.''
Before BOEM allows any construction of a wind energy project in the
Call Area, BOEM must approve a construction and operations plan (COP)
submitted by a Lessee. Prior to the approval of a COP, BOEM will need
to consider the potential environmental effects of the construction and
operation of any wind energy facility under a separate, project-
specific NEPA analysis. This analysis will include additional
opportunities for public involvement and may result in the publication
of an environmental impact statement.
Walter Cruickshank,
Deputy Director, Bureau of Ocean Energy Management.
[FR Doc. 2024-18841 Filed 8-21-24; 8:45 am]
BILLING CODE 4340-98-P
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</html>Indexed from Federal Register on August 22, 2024.
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.