Rule2023-00871
Reorganization of Title 30-Renewable Energy and Alternate Uses of Existing Facilities on the Outer Continental Shelf
Primary source
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Published
January 31, 2023
Effective
January 31, 2023
Issuing agencies
Interior DepartmentSafety and Environmental Enforcement BureauOcean Energy Management Bureau
Abstract
This rule of agency organization reassigns responsibilities for the administration of certain regulations governing renewable energy development and alternate uses of existing facilities on the Outer Continental Shelf (OCS), consistent with the Secretary of the Interior's orders and the Departmental Manual. This final rule transfers the applicable renewable energy Departmental regulations from BOEM to BSEE. Furthermore, this final rule reassigns renewable energy regulations pertaining to safety, environmental oversight, and enforcement from BOEM to BSEE. This rule does not make substantive changes to current regulatory requirements and does not impose additional regulatory burdens on the public or the regulated community.
Full Text
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<title>Federal Register, Volume 88 Issue 20 (Tuesday, January 31, 2023)</title>
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[Federal Register Volume 88, Number 20 (Tuesday, January 31, 2023)]
[Rules and Regulations]
[Pages 6376-6476]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-00871]
[[Page 6375]]
Vol. 88
Tuesday,
No. 20
January 31, 2023
Part II
Department of the Interior
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Bureau of Safety and Environmental Enforcement
Bureau of Ocean Energy Management
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30 CFR Parts 285, 585, and 586
Reorganization of Title 30--Renewable Energy and Alternate Uses of
Existing Facilities on the Outer Continental Shelf; Final Rule
Federal Register / Vol. 88 , No. 20 / Tuesday, January 31, 2023 /
Rules and Regulations
[[Page 6376]]
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DEPARTMENT OF THE INTERIOR
Bureau of Safety and Environmental Enforcement
30 CFR Part 285
[Docket No. BSEE-2022-0015; EEEE500000 223E1700D2 ET1SF0000.EAQ000]
RIN 1082-AA03
Bureau of Ocean Energy Management
30 CFR Parts 585 and 586
[Docket No. BOEM-2022-0042]
Reorganization of Title 30--Renewable Energy and Alternate Uses
of Existing Facilities on the Outer Continental Shelf
AGENCY: Bureau of Safety and Environmental Enforcement (BSEE) and
Bureau of Ocean Energy Management (BOEM), Interior.
ACTION: Final rule.
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SUMMARY: This rule of agency organization reassigns responsibilities
for the administration of certain regulations governing renewable
energy development and alternate uses of existing facilities on the
Outer Continental Shelf (OCS), consistent with the Secretary of the
Interior's orders and the Departmental Manual. This final rule
transfers the applicable renewable energy Departmental regulations from
BOEM to BSEE. Furthermore, this final rule reassigns renewable energy
regulations pertaining to safety, environmental oversight, and
enforcement from BOEM to BSEE. This rule does not make substantive
changes to current regulatory requirements and does not impose
additional regulatory burdens on the public or the regulated community.
DATES: This final rule is effective January 31, 2023. The incorporation
by reference of certain material listed in the rule is approved by the
Director of the Federal Register as of January 31, 2023.
FOR FURTHER INFORMATION CONTACT: For questions regarding BSEE's
provisions under this rule, contact: Dennis Yang, Regulations and
Standards Branch, BSEE, 45600 Woodland Road, Sterling, VA 20166; email:
<a href="/cdn-cgi/l/email-protection#641601031724061701014a030b12"><span class="__cf_email__" data-cfemail="611304061221031204044f060e17">[email protected]</span></a>; telephone: 713-220-9203. For questions regarding BOEM's
provisions under this rule, contact: Georgeann Smale, Office of
Regulations, BOEM, 1849 C Street NW, Mailstop 5243, Washington, DC
20240; email: <a href="/cdn-cgi/l/email-protection#286f4d475a4f4d494646067b4549444d684a474d45064f475e"><span class="__cf_email__" data-cfemail="1d5a78726f7a787c7373334e707c71785d7f727870337a726b">[email protected]</span></a>; telephone: 703-544-9246.
SUPPLEMENTARY INFORMATION:
Preamble Table of Contents
I. Preamble Glossary of Abbreviations, Terms, and Acronyms
II. Background
A. Statutory Authority
B. MMS Reorganization
C. Need for Rulemaking
III. Overview of the Rule
A. Final Rulemaking Effective Upon Publication
B. Reorganization of 30 CFR Parts 285, 585, and 586
1. Description of the Transfer of Regulations to BSEE
2. Future Rulemakings
3. Technical Changes and Corrections
4. Information Collection and Forms
5. Incorporation by Reference
C. Derivation Table for 30 CFR Parts 285, 585, and 586
IV. Procedural Matters
A. Statutes
1. Data Quality Act
2. National Environmental Policy Act
3. Paperwork Reduction Act
4. Regulatory Flexibility Act
5. Congressional Review Act (CRA)
6. Unfunded Mandates Reform Act
7. Administrative Procedure Act
B. Executive Orders
1. Executive Order 12630--Takings Implication Assessment
2. Executive Order 12866--Regulatory Planning and Review, and
Executive Order 13563--Improving Regulation and Regulatory Review
3. Executive Order 12988--Civil Justice Reform
4. Executive Order 13132--Federalism
5. Executive Order 13175--Consultation and Coordination With
Indian Tribal Governments
6. Executive Order 13211--Effects on the Nation's Energy Supply
7. Presidential Memorandum of June 1, 1998, on Regulation
Clarity
I. Preamble Glossary of Abbreviations, Terms, and Acronyms
The following are abbreviations, terms, and acronyms used in the
preamble:
APA Administrative Procedure Act
ASLM Assistant Secretary for Land and Minerals Management
BOEM Bureau of Ocean Energy Management
BSEE Bureau of Safety and Environmental Enforcement
CFR Code of Federal Regulations
COP Construction and Operations Plan
CRA Congressional Review Act
CVA Certified Verification Agent
CZMA Coastal Zone Management Act
DOE Department of Energy
DOI or Department of the Interior Department
EIA Energy Information Administration
ESA Endangered Species Act
FDR Facility Design Report
FERC Federal Energy Regulatory Commission
FIR Fabrication and Installation Report
GAP General Activities Plan
IC Information Collection
MMPA Marine Mammal Protection Act
MMS Minerals Management Service (former DOI agency)
NARA National Archives and Records Administration
NEPA National Environmental Policy Act
OCS Outer Continental Shelf
OCSLA Outer Continental Shelf Lands Act
OIG Office of Inspector General
OMB Office of Management and Budget
ONRR Office of Natural Resources Revenue
Pub. L. Public Law
RIN Regulation Identifier Number
ROCIS Regulatory Information Service Center (RISC) and Office of
Information & Regulatory Affairs (OIRA) Consolidated Information
System
ROW Right-of-way
RUE Right-of-use and easement
SAP Site Assessment Plan
Secretary Secretary of the Interior
SMS Safety Management System
Stat. U.S. Statutes at Large
U.S.C. United States Code
II. Background
A. Statutory Authority
In the Energy Policy Act of 2005 (2005 Act), Congress authorized
the Secretary to grant OCS leases for renewable energy activities.\1\
Specifically, the 2005 Act amended OCSLA to add a new subsection
8(p).\2\ Under subsection 8(p), the Secretary has the authority to
issue leases, easements, and ROWs for activities that produce, or that
support the production, transportation, or transmission of, energy from
sources other than oil and gas. The 2005 Act also allows the Secretary
to authorize the use of existing OCS facilities for energy- and marine-
related activities. The Secretary is required to award any lease, ROW,
or RUE competitively unless the Secretary determines, after public
notice, that competitive interest does not exist.\3\ The Secretary also
has authority to issue regulations to implement OCSLA section 8(p).\4\
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\1\ Public Law 109-58, 119 Stat. 594.
\2\ OCSLA is codified at 43 U.S.C. 1331 et seq. Subsection 8(p)
of OCSLA is codified at 43 U.S.C. 1337(p).
\3\ 43 U.S.C. 1337(p)(3).
\4\ Id. 1337(p)(8).
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On March 20, 2006, the Secretary delegated the responsibility for
regulating OCS renewable energy activities to MMS, the predecessor
agency to BOEM and BSEE. On April 29, 2009, the Department published
the final rule establishing MMS's program to grant leases, easements,
and ROWs for OCS renewable energy activities and for alternate uses of
existing OCS facilities. The 2009 rule also established the methods for
sharing certain revenues generated by this program with nearby coastal
States.
[[Page 6377]]
B. MMS Reorganization
Between May 19, 2010, and August 29, 2011, Secretary Salazar issued
Secretary's Order 3299 and two amendments that ultimately divided MMS
into three separate agencies: BOEM, BSEE, and ONRR. The Secretary
emphasized the importance of separate and independent safety and
environmental oversight when testifying before Congress on May 26,
2010:
The Deepwater Horizon tragedy and the massive spill have made
the importance and urgency of a reorganization of this nature ever
more clear, particularly the creation of a separate and independent
safety and environmental enforcement entity. We will responsibly and
thoughtfully move to establish independence and separation for this
critical mission so that the American people know they have a strong
and independent organization ensuring that energy companies comply
with their safety and environmental protection obligations.\5\
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\5\ Minerals Management Service Reorganization: Special Hearing
Before the Subcomm. on Dept. of the Interior, Environment & Related
Agencies of the S. Comm. On Appropriations, S. Hrg. 111-1035, at 12
(2010) (statement of Ken Salazar, Sec'y of the Interior).
Pursuant to section 3 of Secretary's Order 3299, Amendment No. 2,
BOEM ``exercise[s] the conventional (e.g., oil and gas) and renewable
energy-related management functions of the [MMS] not otherwise
transferred pursuant to this Order including, but not limited to,
activities involving resource evaluation, planning, and leasing.'' \6\
Under section 4 of Secretary's Order 3299, Amendment No. 2, BSEE
exercises ``safety and environmental enforcement functions,'' including
``the authority to inspect, investigate, summon witnesses and produce
evidence, levy penalties, cancel or suspend activities, and oversee
safety, response, and removal preparedness.'' \7\ Under section 5 of
Secretary's Order 3299, Amendment 2, ONRR exercises the royalty and
revenue management functions of the former MMS, including ``royalty and
revenue collection, distribution, auditing and compliance,
investigation and enforcement, and asset management for both onshore
and offshore activities.'' \8\
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\6\ Sec'y of the Interior Order 3299, as amended and issued Aug.
29, 2011, available at <a href="https://www.doi.gov/sites/doi.gov/files/elips/documents/3299a2-establishment_of_the_bureau_of_ocean_energy_management_the_bureau_of_safety_and_environmental_enforcement_and_the_office_of_natural_resources_revenue.pdf">https://www.doi.gov/sites/doi.gov/files/elips/documents/3299a2-establishment_of_the_bureau_of_ocean_energy_management_the_bureau_of_safety_and_environmental_enforcement_and_the_office_of_natural_resources_revenue.pdf</a>.
\7\ Id.
\8\ Id.
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Section 4 of Secretary's Order 3299, Amendment 2, assigned the
renewable energy program to BOEM ``until such time that the [ASLM]
determines that an increase in activity justifies transferring the
inspection and enforcement functions to [BSEE].'' \9\ On October 18,
2011, in connection with the reorganization of the former MMS into BOEM
and BSEE and the associated redistribution of the existing regulations
at 30 CFR Chapter II, the offshore renewable energy regulations
previously located in part 285 were assigned to BOEM and recodified in
a newly created 30 CFR part 585.\10\
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\9\ Id. This arrangement was noted in the final rule
reorganizing and reassigning the former MMS regulations between BOEM
and BSEE in October 2011. ``At this time, the renewable energy
program will be managed under BOEM. At a later date, the renewable
energy program will be reorganized and a determination will be made
regarding what functions will be administered by which agency.''
Reorganization of Title 30, 76 FR 64432, 64434 Table A (Oct. 18,
2011) (, discussion of then-current part 285).
\10\ 76 FR 64432 (Oct. 18, 2011).
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C. Need for Rulemaking
In September 2013, the DOI OIG issued a report supporting the
policy of independent regulatory oversight and enforcement in the
renewable energy program and recommending implementation of that policy
through a transfer of those responsibilities from BOEM to BSEE.\11\ The
OIG noted that ``allowing the bureau responsible for planning and
leasing renewable energy projects [i.e., BOEM] to also formulate the
policies for inspection and enforcement is contrary to the independent
oversight and separation of duties envisioned in [Secretary's Order
3299] as originally issued.'' \12\
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\11\ Office of Inspector Gen., Dep't of Interior, U.S.
Department of the Interior's Offshore Renewable Energy Program 9
(2013) (Report No. CR-EV-BOEM-0001-2013).
\12\ Id.
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In December 2020, pursuant to Secretary's Order 3299, Amendment 2,
section 4, the Principal Deputy Assistant Secretary for Land and
Minerals Management, acting with the authority of the Assistant
Secretary for Land and Minerals Management, determined that OCS
renewable energy activities have ``reached the threshold envisioned by
SO 3299, as amended.'' The Secretary has since executed the necessary
redelegation of authorities through the Departmental Manual.\13\ This
rulemaking reassigns certain regulations from BOEM to BSEE consistent
with the authorities identified in the Departmental Manual, and to
further Secretary's Order 3299 Amendment 2 and the Assistant
Secretary's direction to ``transfer . . . the safety and environmental
oversight and compliance functions, including inspection and
enforcement, for the Department's Offshore Renewable Energy Program
from BOEM to BSEE.''
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\13\ DOI Departmental Manual 218 DM 1, as amended and issued
Sept. 14, 2022, available at chrome-extension://
efaidnbmnnnibpcajpcglclefindmkaj/<a href="https://www.doi.gov/sites/doi.gov/files/elips/documents/218-dm-1_2.pdf">https://www.doi.gov/sites/doi.gov/files/elips/documents/218-dm-1_2.pdf</a>.
DOI Departmental Manual 219 DM 1, as amended and issued Sept.
14, 2022, available at chrome-extension://
efaidnbmnnnibpcajpcglclefindmkaj/<a href="https://www.doi.gov/sites/doi.gov/files/elips/documents/219-dm-1_0.pdf">https://www.doi.gov/sites/doi.gov/files/elips/documents/219-dm-1_0.pdf</a>
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III. Overview of the Rule
A. Final Rulemaking Effective Upon Publication
This rule reassigns existing regulations governing safety and
environmental oversight and enforcement of OCS renewable energy
activities from BOEM to BSEE. This rulemaking is neither substantive
nor controversial because it merely reorganizes provisions in the Code
of Federal Regulations and, therefore, does not affect the legal
rights, obligations, and interests of any interested parties.
This rule implements Secretary's Order 3299--which reflects the
Secretary's prudent and considered policy judgment that independent
oversight and enforcement is in the national interest to best address
the organizational concerns highlighted by the Deepwater Horizon
incident--and revisions made to the Departmental Manual implementing
that direction. Specifically, this rule transfers existing safety and
environmental oversight and enforcement regulations governing OCS
renewable energy activities from 30 CFR part 585, under BOEM's purview,
to 30 CFR part 285, under BSEE's purview. This reorganization parallels
the bureaus' oversight of oil and gas activities. This transfer
includes a reassignment of authority to: oversee facility design,
fabrication, installation, and safety management systems; ensure the
safety of operations, including inspection programs and incident
reporting and investigations; enforce compliance with all applicable
safety, environmental, and other laws and regulations through
enforcement actions (such as noncompliance notices, cessation orders,
and lease suspensions); and oversee decommissioning activities. This
rule also moves certain sections pertaining to Alternate Use RUEs from
30 CFR part 585 to a new 30 CFR part 586.
This rule is a ``rule[ ] of agency organization, procedure, or
practice,'' 5 U.S.C. 553(b)(A), because it implements the Department's
reassignment of responsibility for administering existing regulatory
provisions from BOEM to BSEE. This rule reorganizes current regulations
to be consistent with Departmental delegations without making
substantive changes to those
[[Page 6378]]
regulations or modifying substantive rights or interests. Nor does the
rule impose new rights or duties or change the legal status of
regulated parties. No statute requires notice or hearing for this rule.
Therefore, this rule is exempt from notice-and-comment rulemaking
requirements under 5 U.S.C. 553(b)(A). Additionally, for the same
reasons, the Department finds for good cause shown that notice and
comment on this rule are unnecessary and contrary to the public
interest under 5 U.S.C. 553(b)(B). Further, because this rule makes no
changes to the legal obligations or rights of nongovernmental entities,
the relevant responsibilities have already been delegated to BSEE, and
it is in the public interest for the regulations to reflect that
delegation to provide clarity, the Department further finds that good
cause exists to make this rule effective upon publication in the
Federal Register per 5 U.S.C. 553(d)(3).\14\
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\14\ BOEM and BSEE intend to issue further guidance to help
industry to understand the transfer of functions reflected in this
rule.
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B. Reorganization of 30 CFR Parts 285 and 585
1. Description of the Transfer of Regulations to BSEE
This rule transfers existing regulations governing safety and
environmental oversight and enforcement for OCS renewable energy
activities from BOEM's responsibility to BSEE's responsibility by
moving the relevant BOEM provisions, currently in 30 CFR part 585, to
become BSEE provisions in 30 CFR part 285.
Among the regulations transferred to BSEE through this rulemaking
are provisions related to oversight of facility design, fabrication,
installation, and safety management systems; ensuring the safety of
operations, including inspection programs and incident reporting and
investigations; enforcing compliance with all applicable safety,
environmental, and other laws and regulations through enforcement
actions (such as noncompliance notices, cessation orders, and certain
lease suspensions); and overseeing decommissioning activities.
Renewable energy regulations transferred to BSEE's responsibility
include enforcement provisions under the existing part 585 Subpart D,
various information submittal requirements under Subpart F, as well as
provisions governing activities conducted under an approved plan,
including the design, construction, operation, and decommissioning of
facilities under Subparts G, H, and I. The requirements for and
standards of review regarding the Facility Design Report (FDR) and the
Fabrication and Installation Report (FIR) are unchanged: the FDR and
FIR will continue to be evaluated for consistency with the approved
Plan and applicable engineering standards.
BOEM will continue to identify areas that may be leased and
authorize renewable energy development on the OCS, as well as alternate
uses of existing OCS facilities. BOEM retains its authority to
administer the renewable energy regulations pertaining to the issuance
and administration of leases and grants, the requirements of payments
and financial assurance, and plan review and approval, approval with
modifications, or disapproval. Because oversight over environmental
requirements for BOEM-approved plans has been retained by BOEM, these
requirements were moved to Subpart F, from Subpart H, and renumbered
accordingly. As a result, the renewable energy regulations that BOEM
administers will now end with Subpart F, the title of which has been
changed to ``Plan Requirements.''
In addition, because the existing regulations in part 585 Subpart J
relate to the alternate uses of existing facilities on the OCS, which
require the existence of a previously or currently authorized facility,
these regulations have been moved into a separate part 586 to enhance
clarity.
This rule also reallocates the regulations pertaining to
suspensions. In the context of the renewable energy regulations, a
lease or grant suspension as described in Subpart D of part 585 is used
primarily to manage the running of the lease term, not to address
noncompliance or respond to the kind of operational concerns that
predominate lease suspensions in the conventional energy context.
Therefore, consistent with BOEM's role as the leasing agency, BOEM will
retain the authority to grant a suspension of a lease or grant if the
lessee or grantee requests one. BOEM will also retain the authority to
order a lease or grant suspension to comply with a judicial decree or
when a suspension is necessary for reasons of National security or
defense.
However, in keeping with BSEE's mission, BSEE is assigned the
regulations for ordering a lease or grant suspension when continued
activities pose an imminent threat of serious or irreparable harm or
damage to natural resources; life; property; the marine, coastal, or
human environment; or sites, structures, or objects of historical or
archaeological significance. BSEE may also order a suspension when
necessary to comply with a judicial decree. Under the rule, BSEE is
also assigned the regulations relating to issuance of cessation orders
to address noncompliance on the part of the grantee or lessee.
Regarding suspensions for Alternate Use RUEs, the Department does
not suspend such grants upon the grantee's request, but only by order.
BOEM will retain authority to order suspensions required for National
security, and BSEE will assume authority to order suspensions to
address a threat of harm from continued operations. Either bureau may
order a suspension when necessary to comply with a judicial decree.
BSEE may order a suspension of an Alternate Use RUE when operation of
the existing OCS facility has been suspended or temporarily prohibited
and BSEE has determined that continued activities under the Alternate
Use RUE are unsafe or cause undue interference with the original OCSLA-
approved activity.
The Secretary of the Interior retains authority to cancel any
renewable energy lease or grant for reasons outlined in the existing
regulations under Subpart D. Because either BOEM or BSEE may have
information relevant to the Secretary's decision to cancel a lease or
grant, this rule allocates to both BOEM and BSEE responsibility under
the regulations related to bureau recommendations for Secretarial
cancellation of a lease or grant. Similarly, both bureaus retain
responsibility under the regulations related to cancellation of an
Alternate Use RUE.
Enforcement functions transferred to BSEE in the new part 285
Subpart D, entitled Lease and Grant Administration, include authority
to issue notices of noncompliance and cessation orders and to pursue
civil penalties and recommend criminal penalties. BSEE assumes
authority for oversight and enforcement of the design, construction,
operation, and decommissioning phases of offshore wind development, as
well as enforcement of requirements related to Alternate Use RUEs. BOEM
remains responsible for ensuring requirements are met during the
leasing, site characterization, and plan review stages, as well as for
ensuring financial assurance requirements are met. BOEM has relocated
its enforcement authority to Subpart A, General Provisions, from part
585 Subpart D, Lease and Grant Administration, to focus the remaining
Subpart D provisions on lease and grant administrative actions that
include, but are not limited to, designations of operator, assignments,
renewals,
[[Page 6379]]
relinquishments, contractions, and terminations.
2. Future Rules
The Department has initiated additional rulemaking related to OCS
renewable energy development. In the Renewable Energy Modernization
Rule, the Department has proposed updates to the regulations based on
the experience it has gained over the last decade of managing offshore
wind energy development on the OCS. In addition, the Department has
begun work on a rule (Renewable Energy Safety and Assurance Rule, RIN
Number 1014-AA59) to modernize, streamline, and clarify certain
provisions that this rule is moving to part 285. The reorganization of
the renewable energy regulations in this rule will be reflected in the
regulatory structure of any future final OCS renewable energy
development rule. Any final rule that includes revisions to both part
285 and part 585 regulations will reflect the division of authorities
among BOEM and BSEE.
3. Technical Changes and Corrections
In addition to the organizational changes noted in the derivation
table, this rule makes minor technical changes and corrections
necessitated by the reassignment of responsibilities and makes non-
substantive corrections to previous errors. The substantive regulatory
requirements are not changed. These technical changes and corrections
generally fall under the following categories:
[rtarr8] Updated cross-references to reflect the reorganized
regulations and the division of responsibilities between BOEM and BSEE.
[rtarr8] Changed references from BOEM to BSEE as applicable.
[rtarr8] Changed references from ``subchapter'' to ``part'' where
appropriate.
[rtarr8] Corrected spelling and grammar.
[rtarr8] Changed physical and website addresses.
[rtarr8] Updated organizational titles.
[rtarr8] Replaced ``BOEM'' with ``ONRR'' in provisions related to
lease and grant payments to reflect that ONRR is the correct payee for
lease and grant payments.
4. Information Collection and Forms
This rule does not affect the information collection burdens on the
regulated community other than redirecting the submittal of certain
required reports to BSEE rather than to BOEM. BSEE expects that OMB
will issue an IC control number to BSEE shortly after publication of
this rule. See the analysis and burden table infra Section IV.3,
Paperwork Reduction Act. BOEM continues to use its current renewable
energy information collection forms previously approved by OMB; those
forms are unchanged by this rule. Presently, BSEE is not issuing new
forms to manage the reporting requirements reassigned to it, though it
may in the future.
5. Incorporation by Reference
This rule transfers one regulation that incorporates a document by
reference from the former part 585 to the new part 285. Under the rules
of the Office of the Federal Register, material incorporated by
reference in a rule published in the Federal Register is approved by
the Director of the Federal Register for a specific section in that
rule. Consequently, transferring a regulation that incorporates a
document by reference from the existing part 585 to the new part 285
required that BSEE request a new approval to incorporate the document
by reference. Following the submittal of BSEE's request, approval to
incorporate this document by reference in the new part 285 will be made
effective by the Director of the Federal Register as of January 31,
2023. The document incorporated by reference in part 285 is:
API RP 2A-WSD, Recommended Practice for Planning, Designing and
Constructing Fixed Offshore Platforms--Working Stress Design;
Twenty-first Edition, December 2000; Errata and Supplement 1,
December 2002; Errata and Supplement 2, September 2005; Errata and
Supplement 3, October 2007; Product No. G2AWSD.
The American Petroleum Institute (API) published this document,
which outlines best practices for the design and construction of new
fixed offshore platforms and for the relocation of existing platforms.
The reference to the twenty-first edition of this document is retained
in this rule to avoid any substantive effect on the regulated community
that might arise if BSEE were to incorporate the newer twenty-second
edition. BSEE may update the regulations to incorporate newer editions
of the documents incorporated by reference in a future rulemaking.
The recommended practices described in this document are legally
binding to the extent the regulatory text incorporates relevant
material. BSEE will refer to this document to hold lessees, grantees,
operators, and other regulated parties accountable for complying with
the material incorporated by reference in the regulations.
This document is available for free viewing online by visiting
<a href="https://publications.api.org">https://publications.api.org</a>. Once there, either log-in or create a new
account, accept the terms and conditions, click ``Browse read only
documents now,'' and select ``Exploration and Production.'' RP 2A-WSD
should be one of the documents listed. Hardcopies and printable digital
versions are available for purchase at <a href="http://www.api.org/publications-standards-and-statistics/publications/government-cited-safety-documents">www.api.org/publications-standards-and-statistics/publications/government-cited-safety-documents</a>. Additionally, the document may be reviewed at BSEE's office,
45600 Woodland Road, Sterling, Virginia 20166, phone: 703-787-1665.
Though the same API document is incorporated in the regulation
transferred from the former Sec. 585.115 to the new Sec. 285.115, the
regulatory text differs between the two sections. The Office of the
Federal Register mandated that the language introduced to part 285
conform to its formatting and content requirements; part 585 had been
exempted previously. The formatting and language changes do not affect
the substance of the regulatory requirement.
Under this rulemaking, BOEM does not incorporate by reference any
material into part 585. BOEM may decide in the future to incorporate
material by reference through notice-and-comment rulemaking as
appropriate. Section 585.115 is reserved in this rulemaking for that
purpose.
C. Derivation Table for 30 CFR Parts 285, 585, and 586
[[Page 6380]]
Table A--Derivation Table
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BSEE Part 285 section BOEM Part 585 section Description of
(new section) (existing section) reorganized sections
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Subpart A--General Provisions
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The general regulatory requirements in this subpart are relevant to both
BOEM and BSEE. Between the two parts, subpart A includes some sections
that are identical, some that are similar, and others that are unique
to one bureau, as explained below. Subpart A in both the BOEM and BSEE
parts refers to a ``BOEM lease.''
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285.100 Authority 585.100 Authority This section remains in
part 585, the OCSLA
authority is updated and
limited to the renewable
energy program. The full
authority is now at Sec.
285.100 in part 285.
285.101 What is the 585.101 What is the In part 585, references
purpose of this part? purpose of this to the alternate use
part? RUEs are removed.
Existing paragraphs (b)
and (c) of Sec.
585.101 are included in
Sec. 285.101. The
paragraphs are
renumbered accordingly.
285.102 What are 585.102 What are This section remains in
BSEE's BOEM's part 585. In part 285,
responsibilities responsibilities paragraphs (a)(8)-(11)
under this part? under this part? and (e) of Sec.
585.102 are not included
in Sec. 285.102. The
paragraphs are
renumbered accordingly.
285.103 When may BSEE 585.103 When may BOEM This section remains in
prescribe or approve prescribe or approve existing part 585 and is
departures from these departures from included in part 285.
regulations? these regulations?
285.104 [Reserved] 585.104 Do I need a This section remains in
BOEM lease or other part 585 only. Section
authorization to 285.104 is reserved in
produce or support part 285.
the production of
electricity or other
energy product from
a renewable energy
resource on the OCS?
285.105 What are my 585.105 What are my This section remains in
responsibilities responsibilities part 585 and is included
under this part? under this part? in part 285.
285.106 [Reserved] 585.106 Who can hold This section is replaced
a lease or grant with a new Sec.
under this part? 585.106 What happens if
I fail to comply with
this part?, formerly
numbered Sec. 585.400.
In the new 585.106,
paragraph (d) of 585.400
is modified by replacing
``BOEM'' with ``BSEE,''
paragraph (e) of 585.400
is omitted, and the
remaining paragraphs are
renumbered accordingly.
Existing Sec. 585.106
is renumbered to
585.107. Section 285.106
is reserved in part 285.
285.107 [Reserved] 585.107 How do I show This section is
that I am qualified renumbered to 585.108.
to be a lessee or Section 285.107 is
grant holder? reserved in part 285.
285.108 [Reserved] 585.108 When must I This section is
notify BOEM if an renumbered to 585.109.
action has been Section 285.108 is
filed alleging that reserved in part 285.
I am insolvent or
bankrupt?
285.109 [Reserved] 585.109 When must I This section is
notify BOEM of renumbered to 585.110.
mergers, name Section 285.109 is
changes, or changes reserved in part 285.
of business form?
285.110 How do I 585.110 How do I This section is
submit applications, submit plans, renumbered to 585.111
reports, or notices applications, or and is included in part
required by this notices required by 285.
part? this part?
285.111 When and how 585.111 When and how This section is
does BSEE charge me does BOEM charge me renumbered to 585.112
processing fees on a processing fees on a and is included in part
case-by-case basis? case-by-case basis? 285.
285.112 Definitions 585.112 Definitions This section is
renumbered to 585.113
and is included in part
285. In the new 585.113,
definitions related to
Alternate Use RUEs were
moved to part 586.113
Definitions.
285.113 How will data 585.113 How will data This section is
and information and information renumbered to 585.114
obtained by BSEE obtained by BOEM and is included in part
under this part be under this part be 285.
disclosed to the disclosed to the
public? public?
285.114 Paperwork 585.114 Paperwork This section is
Reduction Act Reduction Act renumbered to 585.115
statements--informati statements--informat and is included in part
on collection ion collection 285.
285.115 Documents 585.115 Documents The content of existing
incorporated by incorporated by 585.115 is removed from
reference reference part 585 and moved to
285.115. The revisions
made to conform to the
Office of the Federal
Register requirements
result in no substantive
changes.
[[Page 6381]]
285.116 Requests for 585.116 Requests for This section remains in
information on the information on the part 585.116 and is
state of the offshore state of the included in part 285.
renewable energy offshore renewable Paragraph (b) of
industry energy industry existing 585.116 was not
moved to 285.116. The
paragraphs in Sec.
285.116 are renumbered
accordingly.
285.117 [Reserved] 585.117 [Reserved] This section remains
reserved in part 585 and
is included as reserved
in part 285.
285.118 What are my 585.118 What are my This section remains in
appeal rights? appeal rights? part 585 and is included
in part 285. Only
paragraphs (a) and (b)
are moved to Sec.
285.118.
------------------------------------------------------------------------
Subpart B--Issuance of OCS Renewable Energy Leases
------------------------------------------------------------------------
The regulatory requirements in this subpart are administered by BOEM;
therefore, the subpart remains in part 585 only. Subpart B is reserved
in part 285.
------------------------------------------------------------------------
General Lease Information
------------------------------------------------------------------------
585.200 What rights This section remains in
are granted with a part 585 only.
lease issued under
this part?
------------------------------------------------------------------------
585.201 How will BOEM This section remains in
issue leases? part 585 only.
585.202 What types of This section remains in
leases will BOEM part 585 only.
issue?
585.203 With whom This section remains in
will BOEM consult part 585 only.
before issuance of a
lease?
585.204 What areas This section remains in
are available for part 585 only.
leasing
consideration?
585.205 How will This section remains in
leases be mapped? part 585 only.
585.206 What is the This section remains in
lease size? part 585 only.
585.207-585.209 These sections remain
[Reserved] reserved in part 585.
------------------------------------------------------------------------
Competitive Lease Process
------------------------------------------------------------------------
585.210 How does BOEM This section remains in
initiate the part 585 only.
competitive leasing
process?
585.211 What is the This section remains in
process for part 585 only.
competitive issuance
of leases?
585.212 What is the This section remains in
process BOEM will part 585 only.
follow if there is
reason to believe
that competitors
have withdrawn
before the Final
Sale Notice is
issued?
585.213 What must I This section remains in
submit in response part 585 only.
to a Request for
Interest or a Call
for Information and
Nominations?
585.214 What will This section remains in
BOEM do with part 585 only.
information from the
Requests for
Information or Calls
for Information and
Nominations?
585.215 What areas This section remains in
will BOEM offer in a part 585 only.
lease sale?
585.216 What This section remains in
information will part 585 only.
BOEM publish in the
Proposed Sale Notice
and Final Sale
Notice?
585.217-585.219 These sections remain
[Reserved] reserved in part 585.
------------------------------------------------------------------------
Competitive Lease Award Process
------------------------------------------------------------------------
585.220 What auction This section remains in
format may BOEM use part 585 only.
in a lease sale?
585.221 What bidding This section remains in
systems may BOEM use part 585 only.
for commercial
leases and limited
leases?
[[Page 6382]]
585.222 What does This section remains in
BOEM do with my bid? part 585 only.
585.223 What does This section remains in
BOEM do if there is part 585 only.
a tie for the
highest bid?
585.224 What happens This section remains in
if BOEM accepts my part 585 only.
bid?
585.225 What happens This section remains in
if my bid is part 585 only.
rejected, and what
are my appeal
rights?
585.226-585.229 These sections remain
[Reserved] reserved in part 585.
------------------------------------------------------------------------
Noncompetitive Lease Award Process
------------------------------------------------------------------------
585.230 May I request This section remains in
a lease if there is part 585 only.
no Call?
585.231 How will BOEM This section remains in
process my part 585 only.
unsolicited request
for a noncompetitive
lease?
585.232 May I acquire This section remains in
a lease part 585 only.
noncompetitively
after responding to
a Request for
Interest or Call for
Information and
Nominations?
585.233 and 585.234 These sections remain
[Reserved] reserved in part 585.
------------------------------------------------------------------------
Commercial and Limited Lease Terms
------------------------------------------------------------------------
585.235 If I have a This section remains in
commercial lease, part 585 only.
how long will my
lease remain in
effect?
585.236 If I have a This section remains in
limited lease, how part 585 only.
long will my lease
remain in effect?
585.237, What is the This section remains in
effective date of a part 585 only.
lease?
585.238, Are there This section is
any other renewable renumbered to Sec.
energy research 585.239 and replaced
activities that will with Sec. 585.238 May
be allowed on the I develop my commercial
OCS? lease in phases?,
formerly 585.629 May I
develop my lease in
phases?
------------------------------------------------------------------------
Subpart C--Rights-of-Way (ROW) and Rights-of-Use and Easement (RUE)
Grants for Renewable Energy Activities
------------------------------------------------------------------------
The regulatory requirements related to ROW grants and RUE grants in this
subpart are administered by BOEM and remain in part 585 only. Subpart C
is reserved in part 285.
------------------------------------------------------------------------
ROW Grants and RUE Grants
------------------------------------------------------------------------
585.300 What types of This section remains in
activities are part 585 only.
authorized by ROW
grants and RUE
grants issued under
this part?
585.301 What do ROW This section remains in
grants and RUE part 585 only.
grants include?
585.302 What are the This section remains in
general requirements part 585 only.
for ROW grant and
RUE grant holders?
585.303 How long will This section remains in
my ROW grant or RUE part 585 only.
grant remain in
effect?
585.304 [Reserved] This section remains
reserved in part 585.
------------------------------------------------------------------------
Obtaining ROW Grants and RUE Grants
------------------------------------------------------------------------
585.305 How do I This section remains in
request a ROW grant part 585 only.
or RUE grant?
[[Page 6383]]
585.306 What action This section remains in
will BOEM take on my part 585 only.
request?
585.307 How will BOEM This section remains in
determine whether part 585 only.
competitive interest
exists for ROW
grants and RUE
grants?
585.308 How will BOEM This section remains in
conduct an auction part 585 only.
for ROW grants and
RUE grants?
585.309 When will This section remains in
BOEM issue a part 585 only.
noncompetitive ROW
grant or RUE grant?
585.310 What is the This section remains in
effective date of a part 585 only.
ROW grant or RUE
grant?
585.311-585.314 These sections remain
[Reserved] reserved in part 585.
------------------------------------------------------------------------
Financial Requirements for ROW Grants and RUE Grants
------------------------------------------------------------------------
585.315 What deposits This section remains in
are required for a part 585 only.
competitive ROW
grant or RUE grant?
585.316 What payments This section remains in
are required for ROW part 585 only. The
grants or RUE reference to BOEM in
grants? subparagraph (a) is
changed to ONRR, to
reflect the fact that
bid payments are
submitted to ONRR rather
than BOEM.
------------------------------------------------------------------------
Subpart D--Lease and Grant Administration (Part 585)
Subpart D--Lease and Grant Administration (Part 285)
------------------------------------------------------------------------
Some regulatory requirements in subpart D are relevant to both BOEM and
BSEE; thus, they appear in both parts. Subpart D is entitled, ``Lease
and Grant Administration'' in both part 285 and part 585.
------------------------------------------------------------------------
Noncompliance
------------------------------------------------------------------------
The phrase ``and Cessation Orders'' is removed in part 285. The heading
``Noncompliance and Cessation Orders'' is removed in part 585. A new
undesignated center heading ``Cessation Orders'' is added before Sec.
285.401 only.)
------------------------------------------------------------------------
285.400 What happens 585.400 What happens This part is included in
if I fail to comply if I fail to comply part 285. In part 585,
with this part? with this part? this section is removed
from subpart D and moved
to subpart A as 585.106,
paragraph (d) is
modified by replacing
``BOEM'' with ``BSEE'',
paragraph (e) of
existing 585.400 is not
included, and the
paragraphs are
renumbered accordingly.
------------------------------------------------------------------------
Cessation Orders
------------------------------------------------------------------------
285.401 When may BSEE 585.401 When may BOEM This section is removed
issue a cessation issue a cessation and reserved in part 585
order? order? and is included in part
285.
285.402 What is the 585.402 What is the This section is removed
effect of a cessation effect of a and reserved in part 585
order? cessation order? and is included in part
285.
285.403 and 285.404 585.403 and 585.404 These sections remain
[Reserved] [Reserved] reserved in part 585 and
are included as reserved
in part 285.
------------------------------------------------------------------------
Responsibility for Fulfilling Obligations (used in part 285)
------------------------------------------------------------------------
Designation of Operator (used in part 585)
------------------------------------------------------------------------
285.405 [Reserved] 585.405 How do I This section remains in
designate an part 585 and is included
operator? as reserved in part 285.
[[Page 6384]]
285.406 Who is 585.406 Who is This section remains in
responsible for responsible for part 585 and is included
fulfilling lease and fulfilling lease and in part 285. Existing
grant obligations? grant obligations? paragraph (b) is
modified in Sec.
285.406 by replacing
``BOEM'' with ``BSEE.''
285.407 [Reserved] 585.407 [Reserved] This section remains
reserved in part 585 and
is included as reserved
in part 285.
------------------------------------------------------------------------
Lease or Grant Assignment
------------------------------------------------------------------------
285.408 [Reserved] 585.408 May I assign This section remains in
my lease or grant part 585 and is included
interest? as reserved in part 285.
285.409 [Reserved] 585.409 How do I This section remains in
request approval of part 585 and is included
a lease or grant as reserved in part 285.
assignment?
285.410 [Reserved] 585.410 How does an This section remains in
assignment affect part 585 and is included
the assignor's as reserved in part 285.
liability?
285.411 [Reserved] 585.411 How does an This section remains in
assignment affect part 585 and is included
the assignee's as reserved in part 285.
liability?
285.412-285.414 585.412-585.414 These sections remain
[Reserved] [Reserved] reserved in part 585 and
are included as reserved
in part 285.
------------------------------------------------------------------------
Lease or Grant Suspension
------------------------------------------------------------------------
285.415 What is a 585.415 What is a This section remains in
lease or grant lease or grant part 585 and is included
suspension? suspension? in part 285.
285.416 [Reserved] 585.416 How do I This section remains in
request a lease or part 585 and is included
grant suspension? as reserved in part 285.
285.417 When may BSEE 585.417 When may BOEM This section remains in
order a suspension? order a suspension? part 585 and is included
in part 285. Section
585.417 is revised to
combine only existing
paragraphs (a)(1) and
(a)(3) into a single
paragraph. Section
285.417 includes similar
content from current
585.417 but combines
only existing paragraphs
(a)(1) and (a)(2) of
Sec. 585.417 into a
single paragraph.
285.418 How will BSEE 585.418 How will BOEM This section remains in
issue a suspension? issue a suspension? part 585 and is included
in part 285.
285.419 What are my 585.419 What are my This section remains in
immediate immediate part 585 and is included
responsibilities if I responsibilities if in part 285.
receive a suspension I receive a
order? suspension order?
285.420 What effect 585.420 What effect This section remains in
does a suspension does a suspension part 585 and is included
order have on my order have on my in part 285. Only
payments? payments? existing paragraph (c)
is included in part 285.
285.421 How long will 585.421 How long will This section remains in
a suspension be in a suspension be in part 585 and is included
effect? effect? in part 285.
285.422-285.424 585.422- 585.424 Existing section 585.437
[Reserved] [Reserved] is moved to Sec.
585.422 and is included
under heading Lease or
Grant Cancellation.
Sections 585.423 and
585.424 remain reserved
in part 585. These
sections are included as
reserved in part 285.
------------------------------------------------------------------------
Lease or Grant Renewal
------------------------------------------------------------------------
285.425 [Reserved] 585.425 May I obtain This section remains in
a renewal of my part 585 and is included
lease or grant as reserved in part 285.
before it
terminates?
285.426 [Reserved] 585.426 When must I This section remains in
submit my request part 585 and is included
for renewal? as reserved in part 285.
285.427 [Reserved] 585.427 How long is a This section remains in
renewal? part 585 and is included
as reserved in part 285.
285.428 [Reserved] 585.428 What effect This section remains in
does applying for a part 585 and is included
renewal have on my as reserved in part 285.
activities and
payments?
285.429 [Reserved] 585.429 What criteria This section remains in
will BOEM consider part 585 and is included
in deciding whether as reserved in part 285.
to renew a lease or
grant?
285.430 and 285.431 585.430 and 585.431 These sections remain
[Reserved] [Reserved] reserved in part 585 and
are included as reserved
in part 285.
------------------------------------------------------------------------
Lease or Grant Termination
------------------------------------------------------------------------
285.432 [Reserved] 585.432 When does my This section remains in
lease or grant part 585 and is included
terminate? as reserved in part 285.
285.433 What must I do 585.433 What must I This section remains in
after my lease or do after my lease or part 585 and is included
grant terminates? grant terminates? in part 285.
[[Page 6385]]
285.434 [Reserved] 585.434 [Reserved] Existing section 585.909
is moved to Sec.
585.434. This section is
included as reserved in
part 285.
------------------------------------------------------------------------
Lease or Grant Relinquishment
------------------------------------------------------------------------
285.435 [Reserved] 585.435 How can I This section remains in
relinquish a lease part 585 and is included
or a grant or parts as reserved in part 285.
of a lease or grant?
------------------------------------------------------------------------
Lease or Grant Contraction
------------------------------------------------------------------------
285.436 [Reserved] 585.436 Can BOEM This section remains in
require lease or part 585 and is included
grant contraction? as reserved in part 285.
------------------------------------------------------------------------
Lease or Grant Cancellation
------------------------------------------------------------------------
285.437 When can my 585.437 When can my This section is moved in
lease or grant be lease or grant be part 585 to 585.422 and
cancelled? cancelled? is included in part 285.
------------------------------------------------------------------------
Subpart E--Payments and Financial Assurance Requirements
------------------------------------------------------------------------
The regulatory requirements in this subpart are administered by BOEM and
remain in part 585 only. Subpart E is reserved in part 285.
------------------------------------------------------------------------
Payments
------------------------------------------------------------------------
585.500 How do I make This section remains in
payments under this part 585 only.
part?
585.501 What deposits This section remains in
must I submit for a part 585 only.
competitively issued
lease, ROW grant, or
RUE grant?
585.502 What initial This section remains in
payment requirements part 585 only.
must I meet to
obtain a
noncompetitive
lease, ROW grant, or
RUE grant?
585.503 What are the This section remains in
rent and operating part 585 only.
fee requirements for
a commercial lease?
585.504 How are my This section remains in
payments affected if part 585 only.
I develop my lease
in phases?
585.505 What are the This section remains in
rent and operating part 585 only.
fee requirements for
a limited lease?
585.506 What This section remains in
operating fees must part 585 only.
I pay on a
commercial lease?
585.507 What rent This section remains in
payments must I pay part 585 only.
on a project
easement?
585.508 What rent This section remains in
payments must I pay part 585 only.
on ROW grants or RUE
grants associated
with renewable
energy projects?
585.509 Who is This section remains in
responsible for part 585 only.
submitting lease or
grant payments to
BOEM?
585.510 May BOEM This section remains in
reduce or waive my part 585 only.
lease or grant
payments?
585.511-585.514 These sections remain
[Reserved] reserved in part 585.
------------------------------------------------------------------------
Financial Assurance Requirements for Commercial Leases
------------------------------------------------------------------------
585.515 What This section remains in
financial assurance part 585 only.
must I provide when
I obtain my
commercial lease?
[[Page 6386]]
585.516 What are the This section remains in
financial assurance part 585 only.
requirements for
each stage of my
commercial lease?
585.517 How will BOEM This section remains in
determine the part 585 only.
amounts of the
supplemental and
decommissioning
financial assurance
requirements
associated with
commercial leases?
585.518 and 585.519 These sections remain
[Reserved] reserved in part 585.
------------------------------------------------------------------------
Financial Assurance for Limited Leases, ROW Grants, and RUE Grants
------------------------------------------------------------------------
585.520 What This section remains in
financial assurance part 585 only.
must I provide when
I obtain my limited
lease, ROW grant, or
RUE grant?
585.521 Do my This section remains in
financial assurance part 585 only.
requirements change
as activities
progress on my
limited lease or
grant?
585.522-585.524 These sections remain
[Reserved] reserved in part 585.
------------------------------------------------------------------------
Requirements for Financial Assurance Instruments
------------------------------------------------------------------------
585.525 What general This section remains in
requirements must a part 585 only.
financial assurance
instrument meet?
585.526 What This section remains in
instruments other part 585 only.
than a surety bond
may I use to meet
the financial
assurance
requirement?
585.527 May I This section remains in
demonstrate part 585 only.
financial strength
and reliability to
meet the financial
assurance
requirement for
lease or grant
activities?
585.528 May I use a This section remains in
third-party guaranty part 585 only.
to meet the
financial assurance
requirement for
lease or grant
activities?
585.529 Can I use a This section remains in
lease- or grant- part 585 only.
specific
decommissioning
account to meet the
financial assurance
requirements related
to decommissioning?
------------------------------------------------------------------------
Changes in Financial Assurance
------------------------------------------------------------------------
585.530 What must I This section remains in
do if my financial part 585 only.
assurance lapses?
585.531 What happens This section remains in
if the value of my part 585 only.
financial assurance
is reduced?
585.532 What happens This section remains in
if my surety wants part 585 only.
to terminate the
period of liability
of my bond?
585.533 How does my This section remains in
surety obtain part 585 only.
cancellation of my
bond?
585.534 When may BOEM This section remains in
cancel my bond? part 585 only.
585.535 Why might This section remains in
BOEM call for part 585 only.
forfeiture of my
bond?
585.536 How will I be This section remains in
notified of a call part 585 only.
for forfeiture?
585.537 How will BOEM This section remains in
proceed once my bond part 585 only.
or other security is
forfeited?
585.538 and 585.539 These sections remain
[Reserved] reserved in part 585.
------------------------------------------------------------------------
[[Page 6387]]
Revenue Sharing With States
------------------------------------------------------------------------
585.540 How will BOEM This section remains in
equitably distribute part 585 only.
revenues to the
States?
585.541 What is a This section remains in
qualified project part 585 only.
for revenue sharing
purposes?
585.542 What makes a This section remains in
State eligible for part 585 only.
payment of revenues?
585.543 Example of This section remains in
how the inverse part 585 only.
distance formula
works
------------------------------------------------------------------------
Subpart F--Plan Requirements (Part 585)
Subpart F--Information Requirements (Part 285)
------------------------------------------------------------------------
Some regulatory requirements in this subpart are relevant to both BOEM
and BSEE; therefore, they appear in both parts. In part 285, subpart F
is entitled, ``Information Requirements''; in part 585, it is entitled,
``Plan Requirements.''
------------------------------------------------------------------------
285.600 [Reserved] 585.600 What plans This section remains in
and information must part 585 and is included
I submit to BOEM as reserved in part 285.
before I conduct
activities on my
lease or grant?
285.601 [Reserved] 585.601 When am I This section remains in
required to submit part 585 and is included
my plans to BOEM? as reserved in part 285.
285.602 What records 585.602 What records This section is reserved
must I maintain? must I maintain? in part 585 and is
included in part 285.
285.603 and 285.604 585.603 and 585.604 These sections remain
[Reserved] [Reserved] reserved in part 585 and
are included as reserved
in part 285.
------------------------------------------------------------------------
Site Assessment Plan and Information Requirements for Commercial Leases
------------------------------------------------------------------------
285.605 [Reserved] 585.605 What is a This section remains in
Site Assessment Plan part 585 and is included
(SAP)? as reserved in part 285.
285.606 [Reserved] 585.606 What must I This section remains in
demonstrate in my part 585 and is included
SAP? as reserved in part 285.
285.607 [Reserved] 585.607 How do I This section remains in
submit my SAP? part 585 and is included
as reserved in part 285.
285.608 and 285.609 585.608 and 585.609 These sections remain
[Reserved] [Reserved] reserved in part 585 and
are included as reserved
in part 285.
------------------------------------------------------------------------
Contents of the Site Assessment Plan
------------------------------------------------------------------------
285.610 [Reserved] 585.610 What must I This section remains in
include in my SAP? part 585 and is included
as reserved in part 285.
285.611 [Reserved] 585.611 What This section remains in
information and part 585 and is included
certifications must as reserved in part 285.
I submit with my SAP
to assist BOEM in
complying with NEPA
and other relevant
laws?
285.612 [Reserved] 585.612 How will my This section remains in
SAP be processed for part 585 and is included
Federal consistency as reserved in part 285.
under the Coastal
Zone Management Act?
285.613 [Reserved] 585.613 How will BOEM This section remains in
process my SAP? part 585 and is included
as reserved in part 285.
------------------------------------------------------------------------
Activities Under an Approved SAP
------------------------------------------------------------------------
285.614 When may I 585.614 When may I This section remains in
begin conducting begin conducting part 585 and is included
activities under my activities under my in part 285.
approved SAP? approved SAP?
285.615 What other 585.615 What other This section remains in
reports or notices reports or notices part 585 and is included
must I submit to BSEE must I submit to in part 285. Only
under my approved BOEM under my existing paragraph (b)
SAP? approved SAP? remains in part 585.
[[Page 6388]]
285.616 [Reserved] 585.616 [Reserved] This section remains
reserved in part 585 and
is included as reserved
in part 285.
285.617 [Reserved] 585.617 What This section remains in
activities require a part 585 and is included
revision to my SAP, as reserved in part 285.
and when will BOEM
approve the
revision?
285.618 [Reserved] 585.618 What must I This section remains in
do upon completion part 585 and is included
of approved site as reserved in part 285.
assessment
activities?
285.619 [Reserved] 585.619 [Reserved] This section remains
reserved in part 585 and
is included as reserved
in part 285.
------------------------------------------------------------------------
Construction and Operations Plan for Commercial Leases
------------------------------------------------------------------------
285.620 [Reserved] 585.620 What is a This section remains in
Construction and part 585 and is included
Operations Plan? as reserved in part 285.
285.621 [Reserved] 585.621 What must I This section remains in
demonstrate in my part 585 and is included
COP? as reserved in part 285.
285.622 [Reserved] 585.622 How do I This section remains in
submit my COP? part 585 and is included
as reserved in part 285.
285.623-285.625 585.623-585.625 These sections remain
[Reserved] [Reserved] reserved in part 585 and
are included as reserved
in part 285.
------------------------------------------------------------------------
Contents of the Construction and Operations Plan
------------------------------------------------------------------------
285.626 [Reserved] 585.626 What must I This section remains in
include in my COP? part 585 and is included
as reserved in part 285.
285.627 [Reserved] 585.627 What This section remains in
information and part 585 and is included
certificates must I as reserved in part 285.
submit with my COP Existing paragraph (c)
to assist the BOEM is modified to read,
in complying with ``You must submit your
NEPA and other oil spill response plan
relevant laws? to BSEE'' Existing
paragraph (d) is
modified to read, ``You
must submit your safety
management system to
BSEE''
285.628 [Reserved] 585.628 How will BOEM This section remains in
process my COP? part 585 and is included
as reserved in part 285.
285.629 [Reserved] 585.629 May I develop This content of this
my lease in phases? section is moved to
585.238, under the
leasing provisions, and
is included as reserved
in parts 285 and 585.
285.630 [Reserved] 585.630 [Reserved] This section remains
reserved in part 585 and
is included as reserved
in part 285.
------------------------------------------------------------------------
Activities Under an Approved COP
------------------------------------------------------------------------
285.631 When must I 585.631 When must I This section remains in
initiate activities initiate activities part 585 and is included
under an approved under an approved in part 285.
COP? COP?
285.632 What documents 585.632 What This section remains in
must I submit before documents must I part 585 and is included
I may construct and submit before I may in part 285.
install facilities construct and
under my approved install facilities
COP? under my approved
COP?
285.633 How do I 585.633 How do I This section is removed
comply with my COP? comply with my COP? and reserved in part 585
and is included in part
285.
285.634 [Reserved] 585.634 What This section remains in
activities require a part 585 and is included
revision to my COP, as reserved in part 285.
and when will BOEM
approve the
revision?
285.635 [Reserved] 585.635 What must I This section remains in
do if I cease part 585 and is included
activities approved as reserved in part 285.
in my COP before the
end of my commercial
lease?
285.636 What notices 585.636 What notices This section is removed
must I provide BSEE must I provide BOEM and reserved in part 585
following approval of following approval and is included in part
my COP? of my COP? 285.
285.637 When may I 585.637 When may I This section is removed
commence commercial commence commercial and reserved in part 585
operations on my operations on my and is included in part
commercial lease? commercial lease? 285.
285.638 What must I do 585.638 What must I This section is removed
upon completion of my do upon completion and reserved in part 585
commercial operations of my commercial and is included in part
as approved in my COP operations as 285.
or FERC license? approved in my COP
or FERC license?
285.639 [Reserved] 585.639 [Reserved] This section remains
reserved in part 585 and
is included as reserved
in part 285.
------------------------------------------------------------------------
[[Page 6389]]
General Activities Plan Requirements for Limited Leases, ROW Grants, and
RUE Grants
------------------------------------------------------------------------
285.640 [Reserved] 585.640 What is a This section remains in
General Activities part 585 and is included
Plan (GAP)? as reserved in part 285.
285.641 [Reserved] 585.641 What must I This section remains in
demonstrate in my part 585 and is included
GAP? as reserved in part 285.
285.642 [Reserved] 585.642 How do I This section remains in
submit my GAP? part 585 and is included
as reserved in part 285.
285.643 and 285.644 585.643 and 585.644 These sections remain
[Reserved] [Reserved] reserved in part 585 and
are included as reserved
in part 285.
------------------------------------------------------------------------
Contents of the General Activities Plan
------------------------------------------------------------------------
285.645 [Reserved] 585.645 What must I This section remains in
include in my GAP? part 585 and is included
as reserved in part 285.
285.646 [Reserved] 585.646 What This section remains in
information and part 585 and is included
certifications must as reserved in part 285.
I submit with my GAP
to assist BOEM in
complying with NEPA
and other relevant
laws?
285.647 [Reserved] 585.647 How will my This section remains in
GAP be processed for part 585 and is included
Federal consistency as reserved in part 285.
under the Coastal
Zone Management Act?
285.648 [Reserved] 585.648 How will BOEM This section remains in
process my GAP? part 585 and is included
as reserved in part 285.
285.649 [Reserved] 585.649 [Reserved] This section remains
reserved in part 585 and
is included as reserved
in part 285.
------------------------------------------------------------------------
Activities Under an Approved GAP
------------------------------------------------------------------------
285.650 When may I 585.650 When may I This section remains in
begin conducting begin conducting part 585 and is included
activities under my activities under my in part 285.
GAP? GAP?
285.651 When may I 585.651 When may I This section remains in
construct complex or construct complex or part 585 and is included
significant OCS significant OCS in part 285.
facilities on my facilities on my
limited lease or any limited lease or any
facilities on my facilities on my
project easement project easement
proposed under my proposed under my
GAP? GAP?
285.652 [Reserved] 285.652 How long do I This section remains in
have to conduct part 585 and is included
activities under an as reserved in part 285.
approved GAP?
285.653 What other 585.653 What other This section remains in
reports or notices reports or notices part 585 and is included
must I submit to BSEE must I submit to in part 285. Only
under my approved BOEM under my existing paragraph (b)
GAP? approved GAP? remains in part 585.
285.654 [Reserved] 585.654 [Reserved] This section remains
reserved in part 585 and
is included as reserved
in part 285.
285.655 [Reserved] 585.655 What This section remains in
activities require a part 585 and is included
revision to my GAP, as reserved in part 285.
and when will BOEM
approve the
revision?
285.656 [Reserved] 585.656 What must I This section remains in
do if I cease part 585 and is included
activities approved as reserved in part 285.
in my GAP before the
end of my term?
285.657 [Reserved] 585.657 What must I This section remains in
do upon completion part 585 and is included
of approved as reserved in part 285.
activities under my
GAP?
------------------------------------------------------------------------
Cable and Pipeline Deviations
------------------------------------------------------------------------
285.658 [Reserved] 585.658 Can my cable This section remains in
or pipeline part 585 and is included
construction deviate as reserved in part 285.
from my approved COP
or GAP?
285.659 [Reserved] 585.659 What This section is moved to
requirements must I 585.700 in part 585,
include in my SAP, under the heading
COP, or GAP Environmental Protection
regarding air Requirements Under
quality? Approved Plans. Part
585.659 is reserved in
part 585 and part 285.
------------------------------------------------------------------------
[[Page 6390]]
Subpart G--Facility Design, Fabrication, and Installation
------------------------------------------------------------------------
The regulatory requirements in this subpart are administered by BSEE and
are included in part 285 only. Subpart G is removed and reserved in
part 585.
------------------------------------------------------------------------
Reports
------------------------------------------------------------------------
285.700 What reports 585.700 What reports This section is included
must I submit to BSEE must I submit to in part 285. In part
before installing BOEM before 585, the contents of
facilities described installing existing section 585.659
in my approved SAP, facilities described are relocated to
COP, or GAP? in my approved SAP, 585.700, under the
COP, or GAP? heading Environmental
Protection Requirements
Under Approved Plans.
285.701 What must I 585.701 What must I This section is included
include in my include in my in part 285. In part
Facility Design Facility Design 585, the contents of
Report? Report? existing section 585.801
are relocated to
585.701, under the
heading Environmental
Protection Requirements
Under Approved Plans.
285.702 What must I 585.702 What must I This section is included
include in my include in my in part 285. In part
Fabrication and Fabrication and 585, the contents of
Installation Report? Installation Report? existing section 585.802
are relocated to
585.702, under the
heading Environmental
Protection Requirements
Under Approved Plans and
285.703 What reports 585.703 What reports This section is included
must I submit for must I submit for in part 285. In part
project modifications project 585, the contents of
and repairs? modifications and existing section 585.803
repairs? are relocated to Sec.
585.703, under the
heading Environmental
Protection Requirements
Under Approved Plans.
285.704 [Reserved] 585.704 [Reserved] This section is removed
and reserved in part 585
and is included as
reserved in part 285.
------------------------------------------------------------------------
Certified Verification Agent
------------------------------------------------------------------------
285.705 When must I 585.705 When must I This section is removed
use a Certified use a Certified and reserved in part 585
Verification Agent Verification Agent and is included in part
(CVA)? (CVA)? 285.
285.706 How do I 585.706 How do I This section is removed
nominate a CVA for nominate a CVA for and reserved in part 585
BSEE approval? BOEM approval? and is included in part
285.
285.707 What are the 585.707 What are the This section is removed
CVA's primary duties CVA's primary duties and reserved in part 585
for facility design for facility design and is included in part
review? review? 285.
285.708 What are the 585.708 What are the This section is removed
CVA's or project CVA's or project and reserved in part 585
engineer's primary engineer's primary and is included in part
duties for duties for 285.
fabrication and fabrication and
installation review? installation review?
285.709 When 585.709 When This section is removed
conducting onsite conducting onsite and reserved in part 585
fabrication fabrication and is included in part
inspections, what inspections, what 285.
must the CVA or must the CVA or
project engineer project engineer
verify? verify?
285.710 When 585.710 When This section is removed
conducting onsite conducting onsite and reserved in part 585
installation installation and is included in part
inspections, what inspections, what 285.
must the CVA or must the CVA or
project engineer do? project engineer do?
285.711 [Reserved] 585.711 [Reserved] This section remains
reserved in part 585 and
is included as reserved
in part 285.
285.712 What are the 585.712 What are the This section is removed
CVA's or project CVA's or project and reserved in part 585
engineer's reporting engineer's reporting and is included in part
requirements? requirements? 285.
285.713 What must I do 585.713 What must I This section is removed
after the CVA or do after the CVA or and reserved in part 585
project engineer project engineer and is included in part
confirms conformance confirms conformance 285.
with the Fabrication with the Fabrication
and Installation and Installation
Report on my Report on my
commercial lease? commercial lease?
285.714 What records 585.714 What records This section is removed
relating to SAPs, relating to SAPs, and reserved in part 585
COPs, and GAPs must I COPs, and GAPs must and is included in part
keep? I keep? 285.
------------------------------------------------------------------------
[[Page 6391]]
Subpart H--Environmental and Safety Management, Inspections, and
Facility Assessments for Activities Conducted Under SAPs, COPs, and GAPs
(Part 285)
Subpart H--[Reserved] (Part 585)
------------------------------------------------------------------------
Most regulatory requirements in this subpart are administered by BSEE
and are included in part 285 only; requirements administered by BOEM
are moved to other sections in BOEM's part 585. In part 285, subpart H
is entitled, ``Environmental and Safety Management, Inspections, and
Facility Assessments for Activities Conducted under SAPS, COPs, and
GAPs.'' In part 585, subpart H is entitled, ``[Reserved].''
------------------------------------------------------------------------
285.800 How must I 585.800 How must I This section is removed
conduct my activities conduct my and reserved in part 585
to comply with safety activities to comply and is included in part
and environmental with safety and 285.
requirements? environmental
requirements?
285.801 How must I 585.801 How must I This section is moved to
conduct my approved conduct my approved 585.701 and reserved in
activities to protect activities to subpart H of part 585,
marine mammals, protect marine and is included in part
threatened and mammals, threatened 285, as a cross-
endangered species, and endangered reference to 585.701.
and designated species, and
critical habitat? designated critical
habitat?
285.802 What must I do 585.802 What must I This section is moved to
if I discover a do if I discover a Sec. 585.702 and
potential potential reserved in subpart H of
archaeological archaeological part 585, and is
resource while resource while included in part 285, as
conducting my conducting my a cross-reference to
approved activities? approved activities? 585.702.
285.803 How must I 585.803 How must I This section is moved to
conduct my approved conduct my approved Sec. 585.703 and
activities to protect activities to reserved in subpart H of
essential fish protect essential part 585, and is
habitats identified fish habitats included in part 285, as
and described under identified and a cross-reference to
the Magnuson-Stevens described under the 585.703.
Fishery Conservation Magnuson-Stevens
and Management Act? Fishery Conservation
and Management Act?
285.804-285.809 585.804-585.809 These sections remain
[Reserved] [Reserved] reserved in part 585 and
are included as reserved
in part 285.
------------------------------------------------------------------------
Safety Management Systems
------------------------------------------------------------------------
285.810 What must I 585.810 What must I This section is removed
include in my Safety include in my Safety and reserved in part 585
Management System? Management System? and is included in part
285.
285.811 When must I 585.811 When must I This section is removed
follow my Safety follow my Safety and reserved in part 585
Management System? Management System? and is included in part
285.
285.812 [Reserved] 585.812 [Reserved] This section remains
reserved in part 585 and
is included as reserved
in part 285.
------------------------------------------------------------------------
Maintenance and Shutdowns
------------------------------------------------------------------------
285.813 When do I have 585.813 When do I This section is removed
to report removing have to report and reserved in part 585
equipment from removing equipment and is included in part
service? from service? 285.
285.814 [Reserved] 585.814 [Reserved] This section remains
reserved in part 585 and
is included as reserved
in part 285.
------------------------------------------------------------------------
Equipment Failure and Adverse Environmental Effects
------------------------------------------------------------------------
285.815 What must I do 585.815 What must I This section is removed
if I have facility do if I have and reserved in part 585
damage or an facility damage or and is included in part
equipment failure? an equipment 285.
failure?
285.816 What must I do 585.816 What must I This section is removed
if environmental or do if environmental and reserved in part 585
other conditions or other conditions and is included in part
adversely affect a adversely affect a 285.
cable, pipeline, or cable, pipeline, or
facility? facility?
285.817-285.819 585.817-585.819 These sections remain
[Reserved] [Reserved] reserved in part 585 and
are included as reserved
in part 285.
------------------------------------------------------------------------
[[Page 6392]]
Inspections and Assessment
------------------------------------------------------------------------
285.820 Will BSEE 585.820 Will BOEM This section is removed
conduct inspections? conduct inspections? and reserved in part 585
and is included in part
285.
285.821 Will BSEE 585.821 Will BOEM This section is removed
conduct scheduled and conduct scheduled and reserved in part 585
unscheduled and unscheduled and is included in part
inspections? inspections? 285.
285.822 What must I do 585.822 What must I This section is removed
when BSEE conducts an do when BOEM and reserved in part 585
inspection? conducts an and is included in part
inspection? 285.
285.823 Will BSEE 585.823 Will BOEM This section is removed
reimburse me for my reimburse me for my and reserved in part 585
expenses related to expenses related to and is included in part
inspections? inspections? 285.
285.824 How must I 585.824 How must I This section is removed
conduct self- conduct self- and reserved in part 585
inspections? inspections? and is included in part
285.
285.825 When must I 585.825 When must I This section is removed
assess my facilities? assess my and reserved in part 585
facilities? and is included in part
285.
285.826-285.829 585.826-585.829 These sections remain
[Reserved] [Reserved] reserved in part 585 and
are included as reserved
in part 285.
------------------------------------------------------------------------
Incident Reporting and Investigation
------------------------------------------------------------------------
285.830 What are my 585.830 What are my This section is removed
incident reporting incident reporting and reserved in part 585
requirements? requirements? and is included in part
285.
285.831 What incidents 585.831 What This section is removed
must I report, and incidents must I and reserved in part 585
when must I report report, and when and is included in part
them? must I report them? 285.
285.832 How do I 585.832 How do I This section is removed
report incidents report incidents and reserved in part 585
requiring immediate requiring immediate and is included in part
notification? notification? 285.
285.833 What are the 585.833 What are the This section is removed
reporting reporting and reserved in part 585
requirements for requirements for and is included in part
incidents requiring incidents requiring 285.
written notification? written
notification?
------------------------------------------------------------------------
Subpart I--Decommissioning
------------------------------------------------------------------------
Most regulatory requirements in this subpart are administered by BSEE
and are included in part 285 only; these requirements are removed from
BOEM's regulations. BOEM retains decision-making authority on whether
lease or grant facilities should be allowed to remain in place upon
decommissioning.
------------------------------------------------------------------------
Decommissioning Obligations and Requirements (Part 285)
------------------------------------------------------------------------
285.900 Who must meet 585.900 Who must meet This section is removed
the decommissioning the decommissioning in part 585 and is
obligations in this obligations in this included in part 285.
subpart? subpart?
285.901 When do I 585.901 When do I This section is removed
accrue accrue in part 585 and is
decommissioning decommissioning included in part 285.
obligations? obligations?
285.902 What are the 585.902 What are the This section is removed
general requirements general requirements in part 585 and is
for decommissioning for decommissioning included in part 285.
for facilities for facilities
authorized under my authorized under my
SAP, COP, or GAP? SAP, COP, or GAP?
285.903 What are the 585.903 What are the This section is removed
requirements for requirements for in part 585 and is
decommissioning FERC- decommissioning FERC- included in part 285.
licensed hydrokinetic licensed
facilities? hydrokinetic
facilities?
285.904 Can I request 585.904 Can I request This section is removed
a departure from the a departure from the in part 585 and is
decommissioning decommissioning included in part 285.
requirements? requirements?
------------------------------------------------------------------------
Decommissioning Applications
------------------------------------------------------------------------
285.905 When must I 585.905 When must I This section is removed
submit my submit my in part 585 and is
decommissioning decommissioning included in part 285.
application? application?
285.906 What must my 585.906 What must my This section is removed
decommissioning decommissioning in part 585 and is
application include? application include? included in part 285.
[[Page 6393]]
285.907 How will BSEE 585.907 How will BOEM This section is removed
process my process my in part 585 and is
decommissioning decommissioning included in part 285.
application? application?
285.908 What must I 585.908 What must I This section is removed
include in my include in my in part 585 and is
decommissioning decommissioning included in part 285.
notice? notice?
------------------------------------------------------------------------
Facility Removal
------------------------------------------------------------------------
285.909 When may 585.909 When may BOEM This section is removed
facilities remain in authorize facilities in part 585 and is
place following to remain in place included in part 285.
termination of a following The section heading in
lease or grant? termination of a part 285 is revised.
lease or grant?
285.910 What must I do 585.910 What must I This section is removed
when I remove my do when I remove my in part 585 and is
facility? facility? included in part 285.
585.911 [Reserved] 585.911 [Reserved] This section is removed
in part 585 and is
included as reserved in
part 285.
------------------------------------------------------------------------
Decommissioning Report
------------------------------------------------------------------------
285.912 After I remove 585.912 After I This section is removed
a facility, cable, or remove a facility, in part 585 and is
pipeline, what cable, or pipeline, included in part 285.
information must I what information
submit? must I submit?
------------------------------------------------------------------------
Compliance with an Approved Decommissioning Application
------------------------------------------------------------------------
285.913 What happens 585.913 What happens This section is removed
if I fail to comply if I fail to comply in part 585 and is
with my approved with my approved included in part 285.
decommissioning decommissioning
application? application?
------------------------------------------------------------------------
Subpart J--Rights of Use and Easement for Energy- and Marine-Related
Activities Using Existing OCS Facilities
------------------------------------------------------------------------
The Department is relocating the regulations related to alternate use
RUEs to a new part 586, accompanied by certain general authority
provisions copied from part 585 Subpart A. Some regulatory requirements
in this subpart are relevant to both BOEM and BSEE; therefore, they
appear in both parts 285 and 586. BSEE has the administrative
responsibility for the decommissioning of an alternate use RUE, and
those sections are included in part 285 only. Subpart J of part 585 is
removed and is replaced with a new part 586 entitled, Alternate Uses of
Existing Facilities on the Outer Continental Shelf.
------------------------------------------------------------------------
Regulated Activities
------------------------------------------------------------------------
585.100 Authority This section is included
in part 586, the OCSLA
authority is updated and
it is limited to
Alternate Use RUEs.
Section 586.100 is a new
section under a new
Subpart A-General
Provisions in a new part
586.
585.101 What is the Paragraphs (a), (b), (c)
purpose of this and (d) of this section
part? are included in 586.100,
re-numbered to
accommodate inclusion of
the paragraphs of
585.1000 What activities
does this subpart
regulate? Section
586.101 is a new section
under a new Subpart A-
General Provisions in a
new part 586.
585.102 What are This section is included
BOEM's in part 586 as 586.103,
responsibilities which is a new section
under this part? under a new Subpart A-
General Provisions in a
new part 586.
585.103 When may BOEM This section is included
prescribe or approve in part 586 as 586.104
departures from which is a new section
these regulations under a new Subpart A-
General Provisions.
[[Page 6394]]
585.104 Do I need a This section is removed
BOEM lease or other in the new part 586.
authorization to
produce or support
the production of
electricity
585.105 What are my This section is included
responsibilities as 586.105 and the
under this part? undesignated paragraph
references to
``lessee'', ``ROW
grant'', and ``RUE
grant'' have been
deleted. This is a new
section under a new
Subpart A-General
Provisions of the new
part 586.
585.106 Who can hold This section is included
a lease or grant in part 586 as 586.107,
under this part? with the references to
``lease'' deleted.
Section 585.106 is now
entitled, What happens
if I fail to comply with
this part?, to mirror
the General Provisions
of the Renewable Energy
part 585 regulations.
585.107 How do I show This section is included
that I am qualified in part 586 and
to be a lease or renumbered 586.108. This
grant holder? is a new section under a
new Subpart A-General
Provisions in a new part
586.
585.108 When must I This section is included
notify BOEM if an as 586.109. This is a
action has been new section under a new
filed alleging that Subpart A-General
I am insolvent or Provisions in a new part
bankrupt? 586.
585.109 When must I This section is included
notify BOEM of as 586.110. This is a
mergers, name new section under a new
changes, or changes Subpart A-General
of business form? Provisions in a new part
586.
585.110 How do I This section is included
submit plans, as 586.111. This is a
applications, new section under a new
reports, or notices Subpart A-General
required in this Provisions in a new part
part? 586.
585.111 When and how This section is included
does BOEM charge me as 586.112. This is a
processing fees on a new section under a new
case-by-case basis? Subpart A-General
Provisions in a new part
586.
585.112 Definitions This section is included
as 586.113. Definitions
for terms not included
in part 586 have been
removed. This is a new
section under a new
Subpart A-General
Provisions in a new part
586.
585.113 How will data This section is included
and information as section 586.114. This
obtained by BOEM is a new section under a
under this part be new Subpart A-General
disclosed to the Provisions in a new part
public? 586.
585.114 Paperwork This section is included
Reduction Act as section 586.115. This
statements- is a new section under a
information new Subpart A-General
collection Provisions in a new part
586.
585.116 Requests for The content of existing
information on the 585.116 is not included
state of the in new part 586. Section
offshore renewable 586.116 is reserved.
energy industry
585.117 [Reserved] This section is reserved
as section 586.117 under
a new Subpart A-General
Provisions in a new part
586.
585.118 What are my This section is included
appeal rights? as 586.118 under a new
Subpart A-General
Provisions in a new part
586.
285.1000 What 585.1000 What This section is removed
activities does this activities does this and its contents
subpart regulate? subpart regulate? relocated to Sec.
586.102 under a new
Subpart A-General
Provisions in a new part
586. This section is
also included in part
285.
285.1001-285.1003 585.1001-585.1003 These sections are
[Reserved] [Reserved] removed in part 585 and
are included as reserved
in part 285.
------------------------------------------------------------------------
Requesting an Alternate Use RUE
------------------------------------------------------------------------
285.1004 [Reserved] 585.1004 What must I This section is removed
do before I request and relocated to a new
an Alternate Use part 586, to Sec.
RUE? 586.200 under a new
Subpart B-Issuance of
Alternate Use RUEs for
Energy- and Marine-
Related Activities Using
Existing OCS Facilities.
This section is also
included as reserved in
part 285.
285.1005 [Reserved] 585.1005 How do I This section is removed
request an Alternate and relocated to a new
Use RUE? part 586, to Sec.
586.201 under a new
Subpart B-Issuance of
Alternate Use RUEs for
Energy- and Marine-
Related Activities Using
Existing OCS Facilities.
This section is also
included as reserved in
part 285.
285.1006 [Reserved] 585.1006 How will This section is removed
BOEM decide whether and relocated to a new
to issue an part 586, to Sec.
Alternate Use RUE? 586.202 under a new
Subpart B-Issuance of
Alternate Use RUEs for
Energy- and Marine-
Related Activities Using
Existing OCS Facilities.
This section is also
included as reserved in
part 285.
285.1007 [Reserved] 585.1007 What process This section is removed
will BOEM use for and relocated to a new
competitively part 586, to Sec.
offering an 586.203 under a new
Alternate Use RUE? Subpart B-Issuance of
Alternate Use RUEs for
Energy- and Marine-
Related Activities Using
Existing OCS Facilities.
This section is also
included as reserved in
part 285.
[[Page 6395]]
285.1008 and 285.1009 585.1008 and 585.1009 These sections are
[Reserved] [Reserved] removed in part 585 and
are included as reserved
in part 285. Sections
586.204 through 586.209
are also reserved.
------------------------------------------------------------------------
Alternate Use RUE Administration
------------------------------------------------------------------------
285.1010 [Reserved] 585.1010 How long may This section is removed
I conduct activities and relocated to a new
under an Alternate part 586, to Sec.
Use RUE? 586.210 under a new
Subpart B-Issuance of
Alternate Use RUEs for
Energy- and Marine-
Related Activities Using
Existing OCS Facilities.
This section is also
included as reserved in
part 285.
285.1011 [Reserved] 585.1011 What This section is removed
payments are and relocated to a new
required for an part 586, to Sec.
Alternate Use RUE? 586.211 under a new
Subpart B-Issuance of
Alternate Use RUEs for
Energy- and Marine-
Related Activities Using
Existing OCS Facilities.
This section is also
included as reserved in
part 285.
285.1012 [Reserved] 585.1012 What This section is removed
financial assurance and relocated to a new
is required for an part 586, to Sec.
Alternate Use RUE? 586.212 under a new
Subpart B-Issuance of
Alternate Use RUEs for
Energy- and Marine-
Related Activities Using
Existing OCS Facilities.
This section is also
included as reserved in
part 285.
285.1013 [Reserved] 585.1013 Is an This section is removed
Alternate Use RUE and relocated to a new
assignable? subpart, to Sec.
586.213 under a new
Subpart B-Issuance of
Alternate Use RUEs for
Energy- and Marine-
Related Activities Using
Existing OCS Facilities.
This section is also
included as reserved in
part 285.
285.1014 When will 585.1014 When will This section is removed
BSEE suspend an BOEM suspend an and relocated to a new
Alternate Use RUE? Alternate Use RUE? subpart 586, to Sec.
586.214 under a new
Subpart B-Issuance of
Alternate Use RUEs for
Energy- and Marine-
Related Activities Using
Existing OCS Facilities.
Paragraphs (a)(1) and
(3) and paragraph (b)
remain BOEM's
responsibility and are
renumbered accordingly.
This section is also
included in part 285;
paragraphs (a)(1), (2),
and (4) and paragraph
(b) are transferred to
BSEE's responsibility.
285.1015 [Reserved] 585.1015 How do I This section is removed
relinquish an and relocated to a new
Alternate Use RUE? subpart 586, to Sec.
586.215 under a new
Subpart B-Issuance of
Alternate Use RUEs for
Energy- and Marine-
Related Activities Using
Existing OCS Facilities.
This section is also
included as reserved in
part 285.
285.1016 When will an 585.1016 When will an This section is removed
Alternate Use RUE be Alternate Use RUE be and relocated to a new
cancelled? cancelled? subpart 586, to Sec.
586.216 under a new
Subpart B-Issuance of
Alternate Use RUEs for
Energy- and Marine-
Related Activities Using
Existing OCS Facilities.
This section is also
included in part 285.
285.1017 [Reserved] 585.1017 [Reserved] This section is removed
from part 585 and is
reserved in part 285.
------------------------------------------------------------------------
Decommissioning an Alternate Use RUE
------------------------------------------------------------------------
285.1018 Who is 585.1018 Who is The content of Sec.
responsible for responsible for 585.1018 is removed.
decommissioning an decommissioning an This section is reserved
OCS facility subject OCS facility subject and the content is now
to an Alternate Use to an Alternate Use in new Sec. 586.218,
RUE? RUE? under a new Subpart B-
Issuance of Alternate
Use RUEs for Energy- and
Marine-Related
Activities Using
Existing OCS Facilities.
This section is also
included in part 285.
285.1019 What are the 585.1019 What are the This section is removed
decommissioning decommissioning and relocated to a new
requirements for an requirements for an subpart 586, to Sec.
Alternate Use RUE? Alternate Use RUE? 586.219 under a new
Subpart B-Issuance of
Alternate Use RUEs for
Energy- and Marine-
Related Activities Using
Existing OCS Facilities.
This section is also
included in part 285.
------------------------------------------------------------------------
[[Page 6396]]
IV. Procedural Matters
A. Statutes
1. Data Quality Act
In developing this rule, BOEM and BSEE neither conducted nor used
studies, experiments, or surveys requiring peer review under the Data
Quality Act (Pub. L. 106-554, app. C Sec. 515, 114 Stat. 2763, 2763A-
153-154).
2. National Environmental Policy Act
This rule is not a major Federal action significantly affecting the
quality of the human environment. A detailed statement under the
National Environmental Policy Act of 1969 (42 U.S.C. 4332) is not
required because this rule is administrative and procedural in nature
and is, therefore, covered by a categorical exclusion (see 43 CFR
46.210(i)). We also have determined that this rule does not involve any
of the extraordinary circumstances described in 43 CFR 46.215 that
would require further analysis under NEPA. Consequently, neither an
environmental assessment nor an environmental impact statement is
required.
3. Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. 3501-3521) provides that an
agency may not conduct or sponsor, and a person is not required to
respond to, a ``collection of information'' unless it displays a
currently valid OMB control number. Collections of information include
requests and requirements that an individual, partnership, or
corporation obtain information and report it to a Federal agency (44
U.S.C. 3502(3); 5 CFR 1320.3(c) and (k)).
This rule simply transfers some regulations associated with
currently approved IC burdens from BOEM's responsibility to BSEE's
responsibility; this rule contains no substantive changes to current IC
burdens. In some cases, the requirements are administered by both BOEM
and BSEE, and for this reason, please consult the burden table for an
accurate breakdown of responses and burden hours. The regulations
addressed in this rule are the subject of currently approved IC burdens
for BOEM under OMB Control Number 1010-0176 (expiration January 31,
2026). Though OMB has approved the transfer of IC burdens from BOEM to
BSEE, ROCIS software precludes OMB from issuing a control number to
BSEE until this rule's publication in the Federal Register. BSEE
expects to publish a rule correction containing OMB's IC control number
soon. Under this rule, the regulated community submits some existing
reports to BSEE that were previously submitted to BOEM. The following
burden table shows how this rulemaking shifts certain collection of
information burdens from BOEM to BSEE.
Table B--Burden Table
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4. Regulatory Flexibility Act
A final regulatory flexibility analysis is not required for this
rule because it is exempt from the notice-and-comment provisions of the
APA (5 U.S.C. 553(b)(A); see supra III.A). Therefore, the requirements
of the Regulatory Flexibility Act do not apply to this final rule (5
U.S.C. 604(a)).
5. Congressional Review Act (CRA)
This final rule does not qualify as a major rule under the CRA (5
U.S.C. 801-808). This rule reorganizes existing regulations to reflect
the transfer of responsibility for OCS renewable energy safety and
environmental oversight and enforcement functions from BOEM to BSEE.
This rule does not generate an annual economic effect of $100 million
or more (see below discussion at Executive Order 12866 and Executive
Order 13563); cause major price increases for consumers, businesses, or
governments, or geographic regions; or degrade competition, employment,
investment, productivity, innovation, or the ability of U.S. businesses
to compete against foreign businesses.
6. Unfunded Mandates Reform Act
This rule imposes neither an unfunded Federal mandate of more than
$100 million annually nor significant or unique effects on State,
local, or Tribal governments. Thus, an Unfunded Mandates Reform Act (2
U.S.C. 1531) statement is not required.
7. Administrative Procedure Act
This rule reassigns existing regulations governing safety and
environmental oversight and enforcement of OCS renewable energy
activities from BOEM to BSEE. This rulemaking is neither substantive
nor controversial because it merely reorganizes provisions in the Code
of Federal Regulations and, therefore, does not affect the legal
rights, obligations, and interests of any interested parties.
This rule implements Secretary's Order 3299-- which reflects the
Secretary's prudent and considered policy judgment that independent
oversight and enforcement is in the national interest to best address
the organizational concerns highlighted by the Deepwater Horizon
incident-- and revisions made to the Departmental Manual implementing
that direction. Specifically, this rule transfers existing safety and
environmental oversight and enforcement regulations governing OCS
renewable energy activities from 30 CFR part 585, under BOEM's purview,
to 30 CFR part 285, under BSEE's purview. This reorganization parallels
the bureaus' oversight of oil and gas activities. This transfer
includes a reassignment of authority to: oversee facility design,
fabrication, installation, and safety management systems; ensure the
safety of operations, including inspection programs and incident
reporting and investigations; enforce compliance with all applicable
safety, environmental, and other laws and regulations through
enforcement actions (such as noncompliance notices, cessation orders,
and lease suspensions); and oversee decommissioning activities. This
rule also moves certain sections pertaining to Alternate Use RUEs from
30 CFR part 585 to a new 30 CFR part 586.
This rule is a ``rule[ ] of agency organization, procedure, or
practice,'' 5 U.S.C. 553(b)(A), because it implements the Department's
reassignment of responsibility for administering existing regulatory
provisions from BOEM to BSEE. This rule reorganizes current regulations
to be consistent with Departmental delegations without making
substantive changes to those regulations or modifying substantive
rights or interests. Nor does the rule impose new rights or duties or
change the legal status of regulated parties. No statute requires
notice or hearing for this rule. Therefore, this rule is exempt from
notice-and-comment rulemaking requirements under 5 U.S.C. 553(b)(A).
Additionally, for the same reasons, the Department finds for good cause
shown that notice and comment on this rule are unnecessary and contrary
to the public interest under 5 U.S.C. 553(b)(B). Further, because this
rule makes no changes to the legal obligations or rights of
nongovernmental entities, the relevant responsibilities have already
been delegated to BSEE, and it is in the public interest for the
regulations to reflect that delegation to provide clarity, the
Department further finds that good cause exists to make this rule
effective upon publication in the Federal Register per 5 U.S.C.
553(d)(3).
B. Executive Orders
1. Executive Order 12630--Takings Implication Assessment
Under the criteria in Executive Order 12630 section 2(a)(2), this
final rule does not have takings implications because it simply
reassigns current safety and environmental oversight and enforcement
regulations to BSEE from BOEM. This rulemaking is not a Federal action
capable of interference with constitutionally protected private
property rights. A takings implications assessment is not required.
2. Executive Order 12866--Regulatory Planning and Review, and Executive
Order 13563--Improving Regulation and Regulatory Review
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs in OMB will review all significant rules. The Office
of Information and Regulatory Affairs has determined that this rule is
not significant. This rule only reassigns current safety and
environmental oversight and enforcement regulations from BOEM to BSEE.
This rule does not change the substance of existing regulatory
requirements.
Executive Order 13563 reaffirms the principles of Executive Order
12866 while calling for improvements in the nation's regulatory system
to promote predictability, to reduce uncertainty, and to use the best,
most innovative, and least burdensome tools for achieving regulatory
ends. The executive order directs agencies to consider regulatory
approaches that reduce burdens and maintain flexibility and freedom of
choice for the public where these approaches are relevant, feasible,
and consistent with regulatory objectives. We have developed this rule
in a manner consistent with these requirements.
3. Executive Order 12988--Civil Justice Reform
This rule complies with the requirements of Executive Order 12988.
Specifically, this rule meets the criteria of both section 3(a), which
requires that all regulations be reviewed to minimize litigation and to
eliminate errors and ambiguity, and section 3(b)(2), which requires
that all regulations be written clearly and contain clear legal
standards.
This rule simply reassigns current safety and environmental
oversight and enforcement regulations from BOEM to BSEE. This rule does
not change the substance of existing regulatory requirements; it
retains the substance of the existing part 585, which was promulgated
through notice and comment rulemaking.
4. Executive Order 13132--Federalism
This rule only transfers current safety and environmental oversight
and enforcement regulations from BOEM to BSEE. This rule does not
change the substance of existing regulatory requirements. This rule,
therefore, does not have substantial direct effects on either the
States or the relationship between the Federal and State governments,
nor does it affect the distribution of power and
[[Page 6413]]
responsibilities between various governmental levels. Thus, a
federalism impact statement is unnecessary.
5. Executive Order 13175--Consultation and Coordination With Indian
Tribal Governments
After a review under the policy criteria of both section 5 of
Executive Order 13175 and section 4(a) of Secretary's Order 3317, the
BOEM Tribal Consultation Team has determined that this rule will have
no substantial direct effects on federally recognized Tribal Nations or
Alaska Native Corporations. This rule only reassigns certain
regulations from BOEM to BSEE. Thus, consultation under DOI's Tribal
consultation policy is neither recommended nor required.
6. Executive Order 13211--Effects on the Nation's Energy Supply
This rule is not a significant energy action under the definition
in Executive Order 13211 section 4(b) because it likely will not have a
significant adverse effect on the energy market, because OMB has not
designated it as a significant energy action, and because it is not a
significant regulatory action under Executive Order 12866. Thus, a
statement of energy effects is not required.
7. Presidential Memorandum of June 1, 1998, on Regulation Clarity
This rule only reassigns certain existing regulatory provisions
from BOEM to BSEE. This rule does not change the substance of existing
regulatory requirements. Thus, like existing 30 CFR part 585, which was
promulgated through notice and comment rulemaking after this
Presidential Memorandum, this rule satisfies the requirements for
regulation clarity outlined in this Presidential Memorandum.
List of Subjects
30 CFR Part 285
Continental shelf, Energy, Environmental protection, Historic
preservation, Incorporation by reference, Marine resources, Marine
safety, Natural resources, Ocean resources, Offshore energy, Offshore
structures, Outer continental shelf, Renewable energy, Reporting and
recordkeeping requirements, Safety, Wind energy.
30 CFR Part 585
Administrative practice and procedure, Coastal zone, Continental
shelf, Electric power, Energy, Environmental protection, Government
leases, Intergovernmental relations, Marine resources, Marine safety,
Natural resources, Ocean resources, Offshore energy, Offshore
structures, Outer continental shelf, Payments, Planning, Power
resources, Renewable energy, Reporting and recordkeeping requirements,
Revenue sharing, Rights-of-way, Rights-of-use and easement, Wind
energy.
30 CFR Part 586
Coastal zone, Continental shelf, Electric power, Energy,
Intergovernmental relations, Marine resources, Natural resources, Ocean
resources, Offshore energy, Offshore structures, Outer continental
shelf, Power resources, Renewable energy, Rights-of-way, Rights-of-use
and easement, Wind energy.
Laura Daniel-Davis,
Principal Deputy Assistant Secretary, Land and Minerals Management.
For the reasons stated in the preamble, the Bureau of Safety and
Environmental Enforcement (BSEE) amends 30 CFR chapter II, and the
Bureau of Ocean Energy Management (BOEM) amends 30 CFR chapter V as
follows:
Chapter II--Bureau of Safety and Environmental Enforcement
0
1. Add part 285 to subchapter B to read as follows:
PART 285--RENEWABLE ENERGY AND ALTERNATE USES OF EXISTING
FACILITIES ON THE OUTER CONTINENTAL SHELF
Subpart A--General Provisions
Sec.
285.100 Authority.
285.101 What is the purpose of this part?
285.102 What are BSEE's responsibilities under this part?
285.103 When may BSEE prescribe or approve departures from the
regulations in this part?
285.104 [Reserved]
285.105 What are my responsibilities under this part?
285.106-285.109 [Reserved]
285.110 How do I submit applications, reports, or notices required
by this part?
285.111 When and how does BSEE charge me processing fees on a case-
by-case basis?
285.112 Definitions.
285.113 How will data and information obtained by BSEE under this
part be disclosed to the public?
285.114 Paperwork Reduction Act statements--information collection.
285.115 Documents incorporated by reference.
285.116 Requests for information on the state of the offshore
renewable energy industry.
285.117 [Reserved]
285.118 What are my appeal rights?
Subparts B and C [Reserved]
Subpart D--Lease and Grant Administration
Noncompliance and Cessation Orders
285.400 What happens if I fail to comply with this part?
285.401 When may BSEE issue a cessation order?
285.402 What is the effect of a cessation order?
285.403-285.405 [Reserved]
Responsibility for Fulfilling Obligations
285.406 Who is responsible for fulfilling lease and grant
obligations?
285.407-285.414 [Reserved]
Lease or Grant Suspension
285.415 What is a lease or grant suspension?
285.416 [Reserved]
285.417 When may BSEE order a suspension?
285.418 How will BSEE issue a suspension?
285.419 What are my immediate responsibilities if I receive a
suspension order?
285.420 What effect does a suspension order have on my payments?
285.421 How long will a suspension be in effect?
285.422-285.432 [Reserved]
Lease or Grant Termination
285.433 What must I do after my lease or grant terminates?
285.434-285.436 [Reserved]
Lease or Grant Cancellation
285.437 When can my lease or grant be canceled?
Subpart E [Reserved]
Subpart F--Information Requirements
285.600-285.601 [Reserved]
285.602 What records must I maintain?
285.603-285.613 [Reserved]
[[Page 6414]]
Activities Under an Approved SAP
285.614 When may I begin conducting activities under my approved
SAP?
285.615 What other reports or notices must I submit to BSEE under my
approved SAP?
285.616-285.630 [Reserved]
Activities Under an Approved COP
285.631 When must I initiate activities under an approved COP?
285.632 What documents must I submit before I may construct and
install facilities under my approved COP?
285.633 How do I comply with my COP?
285.634-285.635 [Reserved]
285.636 What notices must I provide BSEE following approval of my
COP?
285.637 When may I commence commercial operations on my commercial
lease?
285.638 What must I do upon completion of my commercial operations
as approved in my COP or FERC license?
285.639-285.649 [Reserved]
Activities Under an Approved GAP
285.650 When may I begin conducting activities under my GAP?
285.651 When may I construct complex or significant OCS facilities
on my limited lease or any facilities on my project easement
proposed under my GAP?
285.652 [Reserved]
285.653 What other reports or notices must I submit to BSEE under my
approved GAP?
285.654-285.659 [Reserved]
Subpart G--Facility Design, Fabrication, and Installation
Reports
285.700 What reports must I submit to BSEE before installing
facilities described in my approved SAP, COP, or GAP?
285.701 What must I include in my Facility Design Report?
285.702 What must I include in my Fabrication and Installation
Report?
285.703 What reports must I submit for project modifications and
repairs?
285.704 [Reserved]
Certified Verification Agent
285.705 When must I use a Certified Verification Agent (CVA)?
285.706 How do I nominate a CVA for BSEE approval?
285.707 What are the CVA's primary duties for facility design
review?
285.708 What are the CVA's or project engineer's primary duties for
fabrication and installation review?
285.709 When conducting onsite fabrication inspections, what must
the CVA or project engineer verify?
285.710 When conducting onsite installation inspections, what must
the CVA or project engineer do?
285.711 [Reserved]
285.712 What are the CVA's or project engineer's reporting
requirements?
285.713 What must I do after the CVA or project engineer confirms
conformance with the Fabrication and Installation Report on my
commercial lease?
285.714 What records relating to SAPs, COPs, and GAPs must I keep?
Subpart H--Environmental and Safety Management, Inspections, and
Facility Assessments for Activities Conducted Under SAPs, COPs and GAPs
285.800 How must I conduct my activities to comply with safety and
environmental requirements?
285.801 How must I conduct my approved activities to protect marine
mammals, threatened and endangered species, and designated critical
habitat?
285.802 What must I do if I discover a potential archaeological
resource while conducting my approved activities?
285.803 How must I conduct my approved activities to protect
essential fish habitats identified and described under the Magnuson-
Stevens Fishery Conservation and Management Act?
285.804-285.809 [Reserved]
Safety Management Systems
285.810 What must I include in my Safety Management System?
285.811 When must I follow my Safety Management System?
285.812 [Reserved]
Maintenance and Shutdowns
285.813 When do I have to report removing equipment from service?
285.814 [Reserved]
Equipment Failure and Adverse Environmental Effects
285.815 What must I do if I have facility damage or an equipment
failure?
285.816 What must I do if environmental or other conditions
adversely affect a cable, pipeline, or facility?
285.817-285.819 [Reserved]
Inspections and Assessments
285.820 Will BSEE conduct inspections?
285.821 Will BSEE conduct scheduled and unscheduled inspections?
285.822 What must I do when BSEE conducts an inspection?
285.823 Will BSEE reimburse me for my expenses related to
inspections?
285.824 How must I conduct self-inspections?
285.825 When must I assess my facilities?
285.826-285.829 [Reserved]
Incident Reporting and Investigation
285.830 What are my incident reporting requirements?
285.831 What incidents must I report, and when must I report them?
285.832 How do I report incidents requiring immediate notification?
285.833 What are the reporting requirements for incidents requiring
written notification?
Subpart I--Decommissioning
Decommissioning Obligations and Requirements
285.900 Who must meet the decommissioning obligations in this
subpart?
285.901 When do I accrue decommissioning obligations?
285.902 What are the general requirements for decommissioning for
facilities authorized under my SAP, COP, or GAP?
285.903 What are the requirements for decommissioning FERC-licensed
hydrokinetic facilities?
285.904 Can I request a departure from the decommissioning
requirements?
Decommissioning Applications
285.905 When must I submit my decommissioning application?
285.906 What must my decommissioning application include?
285.907 How will BSEE process my decommissioning application?
285.908 What must I include in my decommissioning notice?
Facility Removal
285.909 When may facilities remain in place following termination of
a lease or grant?
285.910 What must I do when I remove my facility?
285.911 [Reserved]
Decommissioning Report
285.912 After I remove a facility, cable, or pipeline, what
information must I submit?
Compliance With an Approved Decommissioning Application
285.913 What happens if I fail to comply with my approved
decommissioning application?
Subpart J--Rights of Use and Easement for Energy- and Marine-Related
Activities Using Existing OCS Facilities
Regulated Activities
285.1000 What activities does this subpart regulate?
285.1001-285.1013 [Reserved]
Alternate Use RUE Administration
285.1014 When will BSEE suspend an Alternate Use RUE?
285.1015 [Reserved]
285.1016 When will an Alternate Use RUE be cancelled?
285.1017 [Reserved]
Decommissioning an Alternate Use RUE
285.1018 Who is responsible for decommissioning an OCS facility
subject to an Alternate Use RUE?
285.1019 What are the decommissioning requirements for an Alternate
Use RUE?
Authority: 43 U.S.C. 1331 et seq.
Subpart A--General Provisions
Sec. 285.100 Authority.
The authority for this part derives from the Outer Continental
Shelf Lands Act (OCS Lands Act) (43 U.S.C. 1337). The Secretary of the
Interior delegated to the Bureau of Safety and Environmental
Enforcement (BSEE) the authority to regulate certain activities. These
regulations specifically apply to activities that:
(a) Produce or support production, transportation, or transmission
of energy from sources other than oil and gas; or
[[Page 6415]]
(b) Use, for energy-related purposes or for other authorized
marine-related purposes, facilities currently or previously used for
activities authorized under the OCS Lands Act.
Sec. 285.101 What is the purpose of this part?
The purpose of this part is to:
(a) Inform you and third parties of your obligations when you
undertake activities authorized in this part and 30 CFR parts 585 and
586; and
(b) Ensure that renewable energy activities on the OCS and
activities involving the alternate use of OCS facilities for energy- or
marine-related purposes are conducted in a safe and environmentally
sound manner, in conformance with the requirements of subsection 8(p)
of the OCS Lands Act, other applicable laws and regulations, and the
terms of your lease, ROW grant, RUE grant, or Alternate Use RUE grant.
Sec. 285.102 What are BSEE's responsibilities under this part?
(a) BSEE will ensure that any activities authorized in this part
and 30 CFR parts 585 and 586 are carried out in a manner that provides
for:
(1) Safety;
(2) Protection of the environment;
(3) Prevention of waste;
(4) Conservation of the natural resources of the OCS;
(5) Coordination with relevant Federal agencies (including, in
particular, those agencies involved in planning activities that are
undertaken to avoid conflicts among users and maximize the economic and
ecological benefits of the OCS, including multifaceted spatial planning
efforts);
(6) Protection of national security interests of the United States;
(7) Protection of the rights of other authorized users of the OCS;
and
(8) Oversight, inspection, research, monitoring, and enforcement of
activities authorized by a lease or grant issued under 30 CFR parts 585
or 586.
(b) BSEE will require compliance with all applicable laws,
regulations, other requirements, and the terms of your lease or grant
issued under 30 CFR parts 585 or 586, and approved plans. BSEE will
approve, disapprove, or approve with conditions any applications or
other documents submitted to BSEE for approval under the provisions of
this part.
(c) Unless otherwise provided in this part, BSEE may give oral
directives or decisions whenever prior BSEE approval is required under
this part. BSEE will document in writing any such oral directives
within 10 business days.
(d) BSEE will establish practices and procedures to govern the
collection of all payments due under this part to the Federal
Government, including any cost recovery fees and other fees or
payments. BSEE will do this in accordance with the terms of this part,
the leasing notice, the lease or grant under 30 CFR parts 585 or 586,
and applicable Office of Natural Resources Revenue (ONRR) regulations
or guidance.
Sec. 285.103 When may BSEE prescribe or approve departures from the
regulations in this part?
(a) BSEE may prescribe or approve departures from these regulations
when departures are necessary to:
(1) Facilitate the appropriate activities on a lease or grant;
(2) Conserve natural resources;
(3) Protect life (including human and wildlife), property, or the
marine, coastal, or human environment; or
(4) Protect sites, structures, or objects of historical or
archaeological significance.
(b) Any departure approved under this section and its rationale
must:
(1) Be consistent with subsection 8(p) of the OCS Lands Act;
(2) Protect the environment and the public health and safety to the
same degree as if there was no approved departure from the regulations;
(3) Not impair the rights of third parties; and
(4) Be documented in writing.
Sec. 285.104 [Reserved]
Sec. 285.105 What are my responsibilities under this part?
As a lessee, applicant, operator, or holder of a ROW grant, RUE
grant, or Alternate Use RUE grant, you must:
(a) Design your projects and conduct all activities in a manner
that ensures safety and will not cause undue harm or damage to natural
resources, including their physical, atmospheric, and biological
components to the extent practicable; and take measures to prevent
unauthorized discharge of pollutants including marine trash and debris
into the offshore environment.
(b) Submit requests, applications, notices, modifications, and
supplemental information to BSEE as required by this part;
(c) Follow up, in writing, any oral request or notification you
made, within 3 business days;
(d) Comply with the terms, conditions, and provisions of all
reports and notices submitted to BSEE, and of all plans, revisions, and
other approvals, as provided in this part and in 30 CFR parts 585 and
586;
(e) Make all applicable payments on time;
(f) Comply with the DOI's nonprocurement debarment regulations at 2
CFR part 1400;
(g) Include the requirement to comply with 2 CFR part 1400 in all
contracts and transactions related to a lease or grant under this part;
(h) Conduct all activities authorized by the lease or grant in a
manner consistent with the provisions of subsection 8(p) of the OCS
Lands Act;
(i) Compile, retain, and make available to BSEE representatives,
within the time specified by BSEE, any data and information related to
the site assessment, design, and operations of your project; and
(j) Respond to requests from the Director in a timely manner.
Sec. Sec. 285.106-285.109 [Reserved]
Sec. 285.110 How do I submit applications, reports, or notices
required by this part?
(a) You must submit all applications, reports, or notices required
by this part to BSEE at the following address: Renewable Energy Program
Coordinator, Bureau of Safety and Environmental Enforcement, 45600
Woodland Road, Sterling, VA 20166.
(b) Unless otherwise stated, you must submit one paper copy and one
electronic copy of all applications, reports, or notices required by
this part.
Sec. 285.111 When and how does BSEE charge me processing fees on a
case-by-case basis?
(a) BSEE will charge a processing fee on a case-by-case basis under
the procedures in this section with regard to any application or
request under this part if we decide at any time that the preparation
of a particular document or study is necessary for the application or
request and it will have a unique processing cost.
(1) Processing costs will include contract oversight and efforts to
review and approve documents prepared by contractors, whether the
contractor is paid directly by the applicant or through BSEE.
(2) We may apply a standard overhead rate to direct processing
costs.
(b) We will assess the ongoing processing fee for each individual
application or request according to the following procedures:
(1) Before we process your application or request, we will give you
a written estimate of the proposed fee based on reasonable processing
costs.
(2) You may comment on the proposed fee.
(3) You may:
(i) Ask for our approval to perform, or to directly pay a
contractor to perform, all or part of any document, study, or
[[Page 6416]]
other activity according to standards we specify, thereby reducing our
costs for processing your application or request; or
(ii) Ask to pay us to perform, or contract for, all or part of any
document, study, or other activity.
(4) We will then give you the final estimate of the processing fee
amount with payment terms and instructions after considering your
comments and any BSEE-approved work you will do.
(i) If we encounter higher or lower processing costs than
anticipated, we will re-estimate our reasonable processing costs
following the procedures in paragraphs (b)(1) through (4) of this
section, but we will not stop ongoing processing unless you do not pay
in accordance with paragraph (b)(5) of this section.
(ii) Once processing is complete, we will refund to you the amount
of money that we did not spend on processing costs.
(5)(i) Consistent with the payment and billing terms provided in
the final estimate, we will periodically estimate what our reasonable
processing costs will be for a specific period and will bill you for
that period. Payment is due to us 30 days after you receive your bill.
We will stop processing your document if you do not pay the bill by the
date payment is due.
(ii) If a periodic payment turns out to be more or less than our
reasonable processing costs for the period, we will adjust the next
billing accordingly or make a refund. Do not deduct any amount from a
payment without our prior written approval.
(6) You must pay the entire fee before we will issue the final
document or take final action on your application or request.
(7) You may appeal our estimated processing costs in accordance
with the regulations in 43 CFR part 4. We will not process the document
further until the appeal is resolved, unless you pay the fee under
protest while the appeal is pending. If the appeal results in a
decision changing the proposed fee, we will adjust the fee in
accordance with paragraph (b)(5)(ii) of this section. If we adjust the
fee downward, we will not pay interest.
Sec. 285.112 Definitions.
Terms used in this part have the meanings as defined in this
section:
Affected State means with respect to any activities proposed,
conducted, or approved under this part, any coastal State--
(1) That is, or is proposed to be, the site of gathering,
transmitting, or distributing energy or is otherwise receiving,
processing, refining, or transshipping products, or services derived
from activities approved under this part;
(2) That is used, or is scheduled to be used, as a support base for
activities approved under this part; or
(3) In which there is a reasonable probability of significant
effect on land or water uses from activities approved under this part.
Alternate Use refers to the energy- or marine-related use of an
existing OCS facility for activities not otherwise authorized by this
title or other applicable law.
Alternate Use RUE means a right-of-use and easement issued for
activities authorized under subpart J of this part or part 586.
Archaeological resource means any material remains of human life or
activities that are at least 50 years of age and that are of
archaeological interest (i.e., which are capable of providing
scientific or humanistic understanding of past human behavior, cultural
adaptation, and related topics through the application of scientific or
scholarly techniques, such as controlled observation, contextual
measurement, controlled collection, analysis, interpretation, and
explanation).
BOEM means the Bureau of Ocean Energy Management of the Department
of the Interior.
BSEE means the Bureau of Safety and Environmental Enforcement of
the Department of the Interior.
Certified Verification Agent (CVA) means an individual or
organization, experienced in the design, fabrication, and installation
of offshore marine facilities or structures, who will conduct specified
third-party reviews, inspections, and verifications in accordance with
this part.
Commercial activities mean, for renewable energy leases and grants,
all activities associated with the generation, storage, or transmission
of electricity or other energy product from a renewable energy project
on the OCS, and for which such electricity or other energy product is
intended for distribution, sale, or other commercial use, except for
electricity or other energy product distributed or sold pursuant to
technology-testing activities on a limited lease. This term also
includes activities associated with all stages of development,
including initial site characterization and assessment, facility
construction, and project decommissioning.
Commercial lease means a lease issued under 30 CFR part 585 that
specifies the terms and conditions under which a person can conduct
commercial activities.
Commercial operations mean the generation of electricity or other
energy product for commercial use, sale, or distribution on a
commercial lease.
Decommissioning means removing BOEM and BSEE approved facilities
and returning the site of the lease or grant to a condition that meets
the requirements under subpart I of this part and 30 CFR part 585.
Director means the Director of the Bureau of Safety and
Environmental Enforcement (BSEE), of the U.S. Department of the
Interior, or an official authorized to act on the Director's behalf.
Facility means an installation that is permanently or temporarily
attached to the seabed of the OCS. Facilities include any structures;
devices; appurtenances; gathering, transmission, and distribution
cables; pipelines; and permanently moored vessels. Any group of OCS
installations interconnected with walkways, or any group of
installations that includes a central or primary installation with one
or more satellite or secondary installations, is a single facility.
BOEM and BSEE may decide that the complexity of the installations
justifies their classification as separate facilities.
Grant means a right-of-way, right-of-use and easement, or alternate
use right-of-use and easement issued under the provisions of 30 CFR
parts 585 or 586.
Human environment means the physical, social, and economic
components, conditions, and factors that interactively determine the
state, condition, and quality of living conditions, employment, and
health of those affected, directly or indirectly, by activities
occurring on the OCS.
Lease means an agreement authorizing the use of a designated
portion of the OCS for activities allowed under this part or 30 CFR
part 585. The term also means the area covered by that agreement, when
the context requires.
Lessee means the holder of a lease, a BOEM-approved assignee, and,
when describing the conduct required of parties engaged in activities
on the lease, it also refers to the operator and all persons authorized
by the holder of the lease or operator to conduct activities on the
lease.
Limited lease means a lease issued under 30 CFR part 585 that
specifies the terms and conditions under which a person may conduct
activities on the OCS that support the production of energy, but do not
result in the production of electricity or other energy product for
sale, distribution, or other
[[Page 6417]]
commercial use exceeding a limit specified in the lease.
Natural resources include, without limiting the generality thereof,
renewable energy, oil, gas, and all other minerals (as defined in
section 2(q) of the OCS Lands Act), and marine animal and marine plant
life.
Operator means the individual, corporation, or association having
control or management of activities on the lease or grant issued under
30 CFR parts 585 or 586. The operator may be a lessee, grant holder, or
a contractor designated by the lessee or holder of a grant issued under
30 CFR parts 585 or 586.
Outer Continental Shelf (OCS) means all submerged lands lying
seaward and outside of the area of lands beneath navigable waters, as
defined in section 2 of the Submerged Lands Act (43 U.S.C. 1301), whose
subsoil and seabed appertain to the United States and are subject to
its jurisdiction and control.
Person means, in addition to a natural person, an association
(including partnerships and joint ventures); a Federal agency; a State;
a political subdivision of a State; a Native American Tribal
government; or a private, public, or municipal corporation.
Project, for the purposes of defining the source of revenues to be
shared, means a lease ROW, RUE, or Alternate Use RUE on which the
activities authorized under this part or 30 CFR parts 585 or 586 are
conducted on the OCS. The term ``project'' may be used elsewhere in
this rule to refer to these same authorized activities, the facilities
used to conduct these activities, or to the geographic area of the
project, i.e., the project area.
Project easement means an easement to which, upon approval of your
Construction and Operations Plan (COP) or General Activities Plan
(GAP), you are entitled as part of the lease for the purpose of
installing, gathering, transmission, and distribution cables,
pipelines, and appurtenances on the OCS as necessary for the full
enjoyment of the lease.
Renewable energy means energy resources other than oil and gas and
minerals as defined in 30 CFR part 580. Such resources include, but are
not limited to, wind, solar, and ocean waves, tides, and current.
Revenues mean bonuses, rents, operating fees, and similar payments
made in connection with a project or project area. It does not include
administrative fees such as those assessed for cost recovery, civil
penalties, and forfeiture of financial assurance.
Right-of-use and easement (RUE) grant means an easement issued by
BOEM under 30 CFR parts 585 or 586 that authorizes use of a designated
portion of the OCS to support activities on a lease or other use
authorization for renewable energy activities. The term also means the
area covered by the authorization.
Right-of-way (ROW) grant means an authorization issued by BOEM
under 30 CFR part 585 to use a portion of the OCS for the construction
and use of a cable or pipeline for the purpose of gathering,
transmitting, distributing, or otherwise transporting electricity or
other energy product generated or produced from renewable energy, but
does not constitute a project easement under 30 CFR part 585. The term
also means the area covered by the authorization.
Secretary means the Secretary of the Interior or an official
authorized to act on the Secretary's behalf.
Significant archaeological resource means an archaeological
resource that meets the criteria of significance for eligibility for
listing in the National Register of Historic Places, as defined in 36
CFR 60.4, or its successor.
Site assessment activities mean those initial activities conducted
to characterize a site on the OCS, such as resource assessment surveys
(e.g., meteorological and oceanographic) or technology testing,
involving the installation of bottom-founded facilities.
We, us, and our refer to the Bureau of Safety and Environmental
Enforcement of the Department of the Interior, or its possessive,
depending on the context.
You and your means an applicant, lessee, the operator, or
designated operator, ROW grant holder, RUE grant holder, or Alternate
Use RUE grant holder under 30 CFR parts 585 or 586, or the designated
agent of any of these, or the possessive of each, depending on the
context. The terms you and your also include contractors and
subcontractors of the entities specified in the preceding sentence.
Sec. 285.113 How will data and information obtained by BSEE under
this part be disclosed to the public?
(a) BSEE will make data and information available in accordance
with the requirements and subject to the limitations of the Freedom of
Information Act (FOIA) (5 U.S.C. 552) and the regulations contained in
43 CFR part 2.
(b) BSEE will not release such data and information that we have
determined is exempt from disclosure under exemption 4 of FOIA. We will
review such data and information and objections of the submitter by the
following schedule to determine whether release at that time will
result in substantial competitive harm or disclosure of trade secrets.
------------------------------------------------------------------------
Then BSEE will review data
If you have a . . . and information for possible
release:
------------------------------------------------------------------------
(1) Commercial lease...................... At the earlier of:
(i) 3 years after the
initiation of commercial
generation; or
(ii) 3 years after the lease
terminates.
(2) Limited lease......................... At 3 years after the lease
terminates.
(3) ROW or RUE grant...................... At the earliest of:
(i) 10 years after the
approval of the grant;
(ii) Grant termination; or
(iii) 3 years after the
completion of construction
activities.
------------------------------------------------------------------------
(c) After considering any objections from the submitter, if we
determine that release of such data and information will result in:
(1) No substantial competitive harm or disclosure of trade secrets,
then the data and information will be released.
(2) Substantial competitive harm or disclosure of trade secrets,
then the data and information will not be released at that time but
will be subject to further review every 3 years thereafter.
Sec. 285.114 Paperwork Reduction Act statements--information
collection.
(a) The Office of Management and Budget (OMB) has approved the
information collection requirements in this part under 44 U.S.C. 3501,
et seq., and assigned OMB Control Number xxxx-xxxx (expiration MONTH
xx, xxxx). The table in paragraph (e) of this section lists the
subparts in the rule requiring the information and its title,
summarizes the reasons for collecting the information, and summarizes
how BSEE uses the information.
(b) Respondents are primarily renewable energy applicants, lessees,
ROW grant holders, RUE grant holders, Alternate Use RUE grant holders,
and operators. The requirement to respond to the information collection
in this part is mandated under subsection 8(p) of the OCS Lands Act.
Some responses are also required to obtain or retain a benefit, or may
be voluntary.
(c) The Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
requires us to inform the public that an agency may not conduct or
sponsor, and you are not required to respond to, a collection of
information unless it displays a currently valid OMB control number.
(d) Comments regarding any aspect of the collections of information
under this
[[Page 6418]]
part, including suggestions for reducing the burden, should be sent to
the Information Collection Clearance Officer, Bureau of Safety and
Environmental Enforcement, 45600 Woodland Road, Sterling, VA 20166.
(e) BSEE is collecting this information for the reasons given in
the following table:
------------------------------------------------------------------------
Reasons for collecting information
30 CFR 285 subpart and title and how used
------------------------------------------------------------------------
(1) Subpart A--General Provisions. To inform BSEE of actions taken to
comply with general operational
requirements on the OCS. To ensure
that operations on the OCS meet
statutory and regulatory
requirements, are safe and protect
the environment, and result in
diligent development on OCS leases.
(2) Subpart D--Lease and Grant To ensure compliance with
Administration. regulations pertaining to a lease
or grant, and suspension of leases
and grants.
(3)Subpart F--Information To enable BSEE to comply with
Requirements. Federal laws to ensure the safety
of the environment on the OCS.
(4) Subpart G--Facility Design, To enable BSEE to review the final
Fabrication, and Installation. design, fabrication, and
installation of facilities on a
lease or grant to ensure that these
facilities are designed,
fabricated, and installed according
to appropriate standards in
compliance with BSEE provisions,
and where applicable, the approved
plan.
(5) Subpart H--Environmental and To ensure that lease and grant
Safety Management, Inspections, operations are conducted in a
and Facility Assessments for manner that is safe and protects
Activities Conducted Under SAPs, the environment. To ensure
COPs, and GAPs. compliance with other Federal laws,
these regulations, the lease or
grant, and approved plans.
(6) Subpart I--Decommissioning.... To determine that decommissioning
activities comply with regulatory
requirements and approvals. To
ensure that site clearance and
platform or pipeline removal are
properly performed to protect
marine life and the environment and
do not conflict with other users of
the OCS.
(7) Subpart J--Rights of Use and To enable BSEE to review information
Easement for Energy- and Marine- regarding the design, installation,
Related Activities Using Existing and operation of RUEs on the OCS,
OCS Facilities. to ensure that RUE operations are
safe and protect the human, marine,
and coastal environment. To ensure
compliance with other Federal laws,
these regulations, the RUE grant,
and where applicable, the approved
plan.
------------------------------------------------------------------------
Sec. 285.115 Documents incorporated by reference.
Certain material is incorporated by reference into this part with
the approval of the Director of the Federal Register under 5 U.S.C.
552(a) and 1 CFR part 51. All approved incorporation by reference (IBR)
material is available for inspection at BSEE and at the National
Archives and Records Administration (NARA). Contact BSEE at: BSEE,
45600 Woodland Road, Sterling, Virginia 20166, phone: 703-787-1665. For
information on the availability of this material at NARA, visit
<a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a> or email
<a href="/cdn-cgi/l/email-protection#b5d3c79bdcdbc6c5d0d6c1dcdadbf5dbd4c7d49bd2dac3"><span class="__cf_email__" data-cfemail="482e3a6621263b382d2b3c2127260826293a29662f273e">[email protected]</span></a>. The material is available from the American
Petroleum Institute (API), 200 Massachusetts Avenue NW, Suite 1100,
Washington, DC 20001-5571; phone (202) 682-8000; website: <a href="http://www.api.org">www.api.org</a>
or <a href="https://publications.api.org">https://publications.api.org</a>.
(a) API RP 2A-WSD, Recommended Practice for Planning, Designing and
Constructing Fixed Offshore Platforms--Working Stress Design; Twenty-
first Edition, December 2000; Errata and Supplement 1, December 2002;
Errata and Supplement 2, September 2005; Errata and Supplement 3,
October 2007. IBR approved for Sec. 285.825(a), (b).
(b) [Reserved]
Sec. 285.116 Requests for information on the state of the offshore
renewable energy industry.
(a) The Director may, from time to time, and at the Director's
discretion, solicit information from industry and other relevant
stakeholders (including State and local agencies), as necessary, to
evaluate the state of the offshore renewable energy industry, including
the identification of potential challenges or obstacles to its
continued development. Such requests for information may relate to the
identification of environmental, technical, regulatory, or economic
matters that promote or detract from continued development of renewable
energy technologies on the OCS. From the information received, the
Director may evaluate potential refinements to the OCS alternative
energy program that promote development of the industry in a safe and
environmentally responsible manner.
(b) BSEE will publish such requests for information by the Director
in the Federal Register.
Sec. 285.117 [Reserved]
Sec. 285.118 What are my appeal rights?
(a) Any party adversely affected by a BSEE official's final
decision or order issued under the regulations of this part may appeal
that decision or order to the Interior Board of Land Appeals. The
appeal must conform with the procedures found in 30 CFR part 290 and 43
CFR part 4, subpart E.
(b) A decision will remain in full force and effect during the
period in which an appeal may be filed and during an appeal, unless a
stay is granted pursuant to 43 CFR part 4.
Subparts B and C [Reserved]
Subpart D--Lease and Grant Administration
Noncompliance and Cessation Orders
Sec. 285.400 What happens if I fail to comply with this part?
(a) BSEE may take appropriate corrective action under this part if
you fail to comply with applicable provisions of Federal law, the
regulations in this part, other applicable regulations, any order of
the Director, the provisions of a lease or grant issued under 30 CFR
parts 585 or 586, or the requirements of an approved plan or other
approval under this part or 30 CFR parts 585 or 586.
(b) BSEE may issue to you a notice of noncompliance if we determine
that there has been a violation of the regulations in this part, any
order of the Director, or any provision of your lease, grant or other
approval issued under this part or 30 CFR parts 585 or 586. When
issuing a notice of noncompliance, BSEE will serve you at your last
known address.
(c) A notice of noncompliance will tell you how you failed to
comply with this part, any order of either Director, and/or the
provisions of your lease, grant or other approval, and will specify
what you must do to correct the noncompliance and the time limits
within which you must act.
(d) Failure of a lessee, operator, or grant holder under this part
to take the actions specified in a notice of
[[Page 6419]]
noncompliance within the time limit specified provides the basis for
BSEE to issue a cessation order as provided in Sec. 285.401, and/or a
cancellation of the lease or grant as provided in Sec. 285.437.
(e) If BSEE determines that any incident of noncompliance poses an
imminent threat of serious or irreparable damage to natural resources;
life (including human and wildlife); property; the marine, coastal, or
human environment; or sites, structures, or objects of historical or
archaeological significance, BSEE may include with its notice of
noncompliance an order directing you to take immediate remedial action
to alleviate threats and to abate the violation and, when appropriate,
a cessation order.
(f) BSEE may assess civil penalties, as authorized by section 24 of
the OCS Lands Act, if you fail to comply with any provision of this
part, or any term of a lease, grant, or order issued under the
authority of this part or 30 CFR parts 585 or 586, after notice of such
failure and expiration of any reasonable period allowed for corrective
action. Civil penalties will be determined and assessed in accordance
with the procedures set forth in 30 CFR part 550, subpart N.
(g) You may be subject to criminal penalties as authorized by
section 24 of the OCS Lands Act.
Sec. 285.401 When may BSEE issue a cessation order?
(a) BSEE may issue a cessation order during the term of your lease
or grant when you fail to comply with an applicable law; regulation;
order; or provision of a lease, grant, plan, or BSEE or BOEM approval.
Except as provided in Sec. 285.400(e), BSEE will allow you a period of
time to correct any noncompliance before issuing an order to cease
activities.
(b) A cessation order will set forth what measures you are required
to take, including reports you are required to prepare and submit to
BSEE, to receive approval to resume activities on your lease or grant.
Sec. 285.402 What is the effect of a cessation order?
(a) Upon receiving a cessation order, you must cease all activities
on your lease or grant, as specified in the order. BSEE may authorize
certain activities during the period of the cessation order.
(b) A cessation order will last for the period specified in the
order or as otherwise specified by BSEE. If BSEE determines that the
circumstances giving rise to the cessation order cannot be resolved
within a reasonable time period, the Secretary may initiate
cancellation of your lease or grant, as provided in Sec. 285.437.
(c) A cessation order does not extend the term of your lease or
grant for the period you are prohibited from conducting activities.
(d) You must continue to make all required payments on your lease
or grant during the period a cessation order is in effect.
Sec. 285.403-285.405 [Reserved]
Responsibility for Fulfilling Obligations
Sec. 285.406 Who is responsible for fulfilling lease and grant
obligations?
(a) When you are not the sole lessee or grantee, you and your co-
lessee(s) or co-grantee(s) are jointly and severally responsible for
fulfilling your obligations under the lease or grant and the provisions
of this part or 30 CFR parts 585 or 586, unless otherwise provided in
this part.
(b) If your designated operator fails to fulfill any of your
obligations under the lease or grant and this part or 30 CFR parts 585
or 586, BSEE may require you or any or all of your co-lessees or co-
grantees to fulfill those obligations or other operational obligations
under the OCS Lands Act, the lease, grant, or the regulations.
(c) Whenever the regulations in this part or 30 CFR parts 585 or
586 require the lessee or grantee to conduct an activity in a
prescribed manner, the lessee or grantee and operator (if one has been
designated) are jointly and severally responsible for complying with
the regulations.
Sec. 285.407-285.414 [Reserved]
Lease or Grant Suspension
Sec. 285.415 What is a lease or grant suspension?
(a) A suspension is an interruption of the term of your lease or
grant that may occur as ordered by BSEE, as provided in Sec. 285.417;
or as approved or ordered by BOEM, as provided in 30 CFR 585.416 and
585.417.
(b) A suspension extends the term of your lease or grant for the
length of time the suspension is in effect.
(c) Activities may not be conducted on your lease or grant during
the period of a suspension except as expressly authorized under the
terms of the suspension.
Sec. 285.416 [Reserved]
Sec. 285.417 When may BSEE order a suspension?
(a) BSEE may order a suspension under the following circumstances:
(1) When necessary to comply with judicial decrees prohibiting some
or all activities under your lease; or
(2) When continued activities pose an imminent threat of serious or
irreparable harm or damage to natural resources; life (including human
and wildlife); property; the marine, coastal, or human environment; or
sites, structures, or objects of historical or archaeological
significance.
(b) If BSEE orders a suspension under paragraph (a)(2) of this
section, and if you wish to resume activities, we may require you to
conduct a site-specific study that evaluates the cause of the harm, the
po
[…truncated; see source link]Indexed from Federal Register on January 31, 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.