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Federal Register / Vol. 86, No. 208 / Monday, November 1, 2021 / Notices
of time. This can be done during the mock auction, for example.
XIII. Rejection or Non-Acceptance of Bids BOEM reserves the right and authority to reject any and all bids that do not satisfy the requirements and rules of the auction, the FSN, or applicable regulations and statutes.
XIV. Anti-Competitive Review Bidding behavior in this sale is subject to Federal antitrust laws.
Accordingly, following the auction, but before the acceptance of bids and the issuance of the lease, BOEM must allow the Attorney General, in consultation with the Federal Trade Commission, thirty days to review the results of the lease sale. 43 U.S.C.
1337c1. If a provisionally winning bidder is found to have engaged in anticompetitive behavior in connection with this lease sale, BOEM may reject its provisionally winning bid. Compliance with BOEMs auction procedures and regulations is not an absolute defense to violations of antitrust laws.
Anti-competitive behavior determinations are fact-specific.
However, such behavior may manifest itself in several different ways, including, but not limited to:
1. An express or tacit agreement among bidders not to bid in an auction, or to bid a particular price;
2. An agreement among bidders not to bid;
3. An agreement among bidders not to bid against each other; or 4. Other agreements among bidders that have the potential to affect the final auction price.
Pursuant to 43 U.S.C. 1337c3, BOEM may decline to award a lease if the Attorney General, in consultation with the Federal Trade Commission, determines that awarding the lease may be inconsistent antitrust laws.
For more information on whether specific communications or agreements could constitute a violation of Federal antitrust law, please see https
www.justice.gov/atr/business-resources and consult legal counsel.

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XV. Process for Issuing the Lease Once all post-auction reviews have been completed to BOEMs satisfaction, BOEM will issue three unsigned copies of the lease to the provisionally winning bidder. Within 10-business days after receiving the lease copies, the provisionally winning bidders must:
1. Sign and return the lease copies on the bidders behalf;
2. File financial assurance, as required under 30 CFR 585.515537; and
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3. Pay by electronic funds transfer EFT the balance if any of the bonus bid winning monetary bid less the applicable non-monetary bidding credit and bid deposit. BOEM requires bidders to use EFT procedures not pay.gov, the website bidders used to submit bid deposits for payment of the balance of the bonus bid, following the detailed instructions contained in the Instructions for Making Electronic Payments available on BOEMs website at: https www.boem.gov/regionalcarolina-long-bay-intergovernmentalrenewable-energy.
BOEM will not execute the lease until the three requirements above have been satisfied. BOEM may extend the 10business-day deadline if BOEM
determines the delay was caused by events beyond the provisionally winning bidders control.
If the provisionally winning bidder does not meet these requirements or otherwise fails to comply with applicable regulations or the terms of the FSN, BOEM reserves the right not to issue the lease to that bidder. In such a case, the provisionally winning bidder would forfeit its bid deposit. Also, in such a case, BOEM reserves the right to offer the lease to the next highest bidder as determined by BOEM.
Within 45-calendar days after receiving the lease copies, the provisionally winning bidder must pay the first years rent using the ONRR
Renewable Energy Initial Rental Payments form available at: https
www.pay.gov/public/form/start/
27797604/.
Subsequent annual rent payments must be made following the detailed instructions contained in the Instructions for Making Electronic Payments, available on BOEMs website at: https www.boem.gov/
regional-carolina-long-bayintergovernmental-renewable-energy.
XVI. Non-Procurement Debarment and Suspension Regulations Pursuant to 43 CFR part 42, subpart C, an OCS renewable energy lessee must comply with the Department of the Interiors non-procurement debarment and suspension regulations at 2 CFR
parts 180 and 1400. The lessee must also communicate this requirement to persons with whom the lessee does business relating to this lease by including this term as a condition in their contracts and other transactions.
XVII. Final Sale Notice The development of the FSN will be informed through the EA, related consultations, and comments received during the PSN comment period. The
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FSN will provide the final details concerning the offering and issuance of an OCS commercial wind energy lease in the Lease Area in the vicinity of Carolina Long Bay. The FSN will be published in the Federal Register at least 30 days before the lease sale is conducted and will provide the date and time of the auction.
XVIII. Changes to Auction Details The program manager of BOEMs Office of Renewable Energy Programs has the discretion to change any auction detail specified in the FSN, including the date and time, if the manager deems that events outside BOEMs control may interfere with a fair and proper lease sale. Such events may include, but are not limited to, natural disasters e.g., earthquakes, hurricanes, floods, and blizzards, wars, riots, act of terrorism, fire, strikes, civil disorder, Federal Government shutdowns, cyberattacks against relevant information systems, or other events of a similar nature. In case of such events, BOEM would notify all qualified bidders via email, phone, and BOEMs website at: https
www.boem.gov/regional-carolina-longbay-intergovernmental-renewableenergy. Bidders should call 703787
1121 if they have concerns.
XIX. Appeals The appeals and reconsideration procedures are provided in BOEMs regulations at 30 CFR 585.225 and 585.118c. Under 30 CFR 585.225:
a If BOEM rejects your bid, BOEM
will provide a written statement of the reasons and will refund any money deposited with your bid, without interest.
b You may ask the BOEM Director for reconsideration, in writing, within 15-business days of bid rejection, under 30 CFR 585.118c1. The Director will send you a written response either affirming or reversing the rejection.
The procedures for requesting reconsideration of a bid rejection are described in 30 CFR 585.118c.
XX. Public Participation BOEM does not consider anonymous comments; please include your name and address as part of your comment.
You should be aware that your entire comment, including your name, address, and any other personal identifiable information PII included in your comment, may be made publicly available. All submissions from identified individuals, businesses, and organizations may be available for public viewing on regulations.gov.
In order for BOEM to withhold from disclosure your PII, you must identify
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