Rule2025-13780

Rescission of Cross References

Primary source

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Published
July 22, 2025
Effective
July 22, 2025

Issuing agencies

Interior DepartmentOcean Energy Management Bureau

Abstract

The Bureau of Ocean Energy Management (BOEM) is amending its regulations to rescind a section containing cross references. This section is not necessary because it is non-regulatory and only cites references to other regulations.

Full Text

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<title>Federal Register, Volume 90 Issue 138 (Tuesday, July 22, 2025)</title>
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[Federal Register Volume 90, Number 138 (Tuesday, July 22, 2025)]
[Rules and Regulations]
[Pages 34353-34356]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-13780]


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DEPARTMENT OF THE INTERIOR

Bureau of Ocean Energy Management

30 CFR Part 556

[Docket ID: BOEM-2025-0024]
RIN 1010-AE30


Rescission of Cross References

AGENCY: Bureau of Ocean Energy Management, Interior.

ACTION: Final rule.

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SUMMARY: The Bureau of Ocean Energy Management (BOEM) is amending its 
regulations to rescind a section containing cross references. This 
section is not necessary because it is non-regulatory and only cites 
references to other regulations.

DATES: This final rule is effective on July 22, 2025.

FOR FURTHER INFORMATION CONTACT: Jennifer Jones, Office of Regulatory 
Affairs, BOEM, 1849 C Street NW, Washington, DC 20240, at email address 
<a href="/cdn-cgi/l/email-protection#5f353a313136393a2d713530313a2c1f3d303a3271383029"><span class="__cf_email__" data-cfemail="94fef1fafafdf2f1e6bafefbfaf1e7d4f6fbf1f9baf3fbe2">[email&#160;protected]</span></a>, or at telephone number (202) 571-8664.

SUPPLEMENTARY INFORMATION: 
    Background information. This final rule revises the Department of 
the Interior's (DOI or the Department) regulations, which are 
administered by BOEM, that contain a provision listing cross references 
in section 556.103 of title 30 of the Code of Federal Regulations. This 
section cites other laws and regulations pertaining to offshore oil and 
gas development. Upon reviewing this regulation, BOEM has determined 
that it should be rescinded because it does not regulate the public and 
is unnecessary. BOEM has determined that this reason, independently and 
alone, justifies rescission of 30 CFR 556.103. BOEM has no interest in 
maintaining a rule that is unnecessary.

[[Page 34354]]

    BOEM has determined that this rule is not subject to the notice and 
comment requirements of the Administrative Procedure Act (APA). 
Additionally, BOEM has determined that there is good cause for making 
this administrative amendment final without prior proposal and 
opportunity for comment because the revisions are not substantive and 
have no impact on the regulatory requirements of the affected parts. 
BOEM has determined that public comment on such administrative changes 
is unnecessary and that there is good cause under the APA for 
proceeding with a final rule. Furthermore, because a notice of proposed 
rulemaking and opportunity for public comment are not required to be 
given for this rule under the APA or any other law, the analytical 
requirements of the Regulatory Flexibility Act are not applicable. 
Accordingly, this rule is issued in final form. There is good cause to 
make this rule effective in fewer than 30 days after publication in the 
Federal Register because the revisions are administrative in nature. 
Therefore, this final rule is effective upon publication.
    Organization of this document. The information in this preamble is 
organized as follows:

I. General Information
    A. Purpose of This Regulatory Action and Summary
    B. Does this action apply to me?
    C. Where can I get a copy of this document and other related 
information?
II. Background
    A. BOEM Statutory and Regulatory Authority
III. Statutory and Executive Order Reviews
    A. Executive Order (E.O.) 12866: Regulatory Planning and Review, 
as Amended by Executive Order 13563: Improving Regulation and 
Regulatory Review
    B. Regulatory Flexibility Act (RFA)
    C. Small Business Regulatory Enforcement Fairness Act (SBREFA)
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 12630: Governmental Actions and Interference 
With Constitutionally Protected Property Rights
    F. Executive Order 13132: Federalism
    G. Executive Order 12988: Civil Justice Reform
    H. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    I. Paperwork Reduction Act (PRA)
    J. National Environmental Policy Act (NEPA)
    K. Data Quality Act
    L. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    M. Congressional Review Act (CRA)

I. General Information

A. Purpose of This Regulatory Action and Summary

    30 CFR 556.103 contains only a list of cross references to other 
regulatory provisions and does not promulgate any regulations. BOEM 
does not wish to maintain unnecessary rules, and this section will be 
removed. This final action removes 30 CFR 556.103.

B. Does this action apply to me?

    30 CFR 556.103 does not regulate the public. This is an 
administrative change only and its removal does not affect any legal 
rights, obligations, or interests of any affected party.

C. Where can I get a copy of this document and other related 
information?

    In addition to being available in the docket, BOEM will post an 
electronic copy of this final rule at: <a href="https://www.boem.gov/about-boem/regulations-guidance/published-rules">https://www.boem.gov/about-boem/regulations-guidance/published-rules</a>.

II. Background

A. BOEM Statutory and Regulatory Authority

    Section 5 of Outer Continental Shelf Lands Act (OCSLA)(43 U.S.C. 
1334) authorizes the Secretary to issue regulations to administer 
leasing for mineral development on the Outer Continental Shelf (OCS). 
Section 5(a) of OCSLA (43 U.S.C. 1334(a)) authorizes the Secretary to 
``prescribe such rules and regulations as may be necessary to carry out 
[provisions of OCSLA]'' related to leasing on the OCS. This rule only 
makes administrative changes to remove a section that does not regulate 
the public.

III. Statutory and Executive Order Reviews

A. Executive Order (E.O.) 12866: Regulatory Planning and Review, as 
Amended by Executive Order 13563: Improving Regulation and Regulatory 
Review

    E.O. 12866 gives OMB the authority to review regulatory actions 
that are categorized as ``significant''; i.e., those actions that are 
likely to result in a rule that may:
    <bullet> Have an annual effect on the economy of $100 million or 
more or adversely affect in a material way the economy; a sector of the 
economy; productivity; competition; jobs; the environment; public 
health or safety; or State, local or tribal governments or communities;
    <bullet> Create a serious inconsistency or otherwise interfere with 
an action taken or planned by another agency;
    <bullet> Materially alter the budgetary impacts of entitlements, 
grants, user fees or loan programs or the rights and obligations of 
recipients thereof; or
    <bullet> Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    E.O. 12866 provides that the Office of Information and Regulatory 
Affairs (OIRA) in the Office of Management and Budget (OMB) will review 
all significant rules. OIRA has determined that this action is not a 
significant regulatory action, and therefore, it was not submitted to 
OMB for review.
    E.O. 13563 reaffirms the principles of E.O. 12866 while calling for 
improvements in the Nation's regulatory system to promote 
predictability and reduce uncertainty, and to use the best, most 
innovative, and least burdensome tools for achieving regulatory ends. 
E.O. 13563 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. BOEM has developed this rule in a manner 
consistent with these requirements.

B. Regulatory Flexibility Act (RFA)

    The RFA, 5 U.S.C. 601-612, requires agencies to prepare a 
regulatory flexibility analysis for any rule subject to notice and 
comment rulemaking requirements under the APA unless the rule will not 
have a significant economic impact on a substantial number of small 
entities.
    The RFA applies only to rules for which an agency is required to 
first publish a proposed rule. See 5 U.S.C. 603(a) and 604(a). Because 
no proposed rule was published for this recission, no RFA analysis is 
required.

C. Small Business Regulatory Enforcement Fairness Act (SBREFA)

    The SBREFA, 5 U.S.C. 804(2), requires BOEM to perform a regulatory 
flexibility analysis, provide guidance, and help small businesses 
comply with statutes and regulations for major rulemakings. This action 
is not subject to the SBREFA because it: (1) does not have an annual 
effect on the economy of $100 million or more; (2) will not cause a 
major increase in costs or prices for consumers, individual industries, 
Federal, State, or local government agencies, or geographic regions; 
and (3) does not have significant adverse effects on competition, 
employment,

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investment, productivity, innovation, or the ability of U.S.-based 
enterprises to compete with foreign-based enterprises.
    BOEM anticipates the final rule would have neither significant 
employment nor small business impacts; nor cause major price increases 
for consumers, businesses, or governments; nor significantly degrade 
competition, employment, investment, productivity, innovation, or the 
ability of U.S. businesses to compete against foreign businesses. The 
rule only rescinds a section that does not regulate the public.
    Small businesses may send comments on the actions of Federal 
employees who enforce or otherwise determine compliance with Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman, and to the Regional Small Business Regulatory 
Fairness Board. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of BOEM, call 1-888-REG-FAIR (1-888-
734-3247).

D. Unfunded Mandates Reform Act (UMRA)

    The UMRA, 2 U.S.C. 1531-1538, requires Federal agencies, unless 
otherwise prohibited by law, to assess the effects of regulatory 
actions on State, local and Tribal governments, and the private sector. 
Section 202 of UMRA generally requires Federal agencies to prepare a 
written statement, including a cost-benefit analysis, for each proposed 
and final rule with ``Federal mandates'' that may result in 
expenditures by State, local, and Tribal governments, in the aggregate, 
or to the private sector of $100 million or more in any one year. BOEM 
has determined this action does not contain any unfunded mandate as 
described in UMRA 2, U.S.C. 1531-1538, and does not significantly or 
uniquely affect small groups.
    The action imposes no enforceable duty on any State, local, or 
Tribal governments or the private sector.

E. Executive Order 12630: Governmental Actions and Interference With 
Constitutionally Protected Property Rights

    E.O. 12630 ensures that government actions affecting the use of 
private property are undertaken on a well-reasoned basis with due 
regard for the potential financial impacts imposed on the government. 
This action does not effect a taking of private property or otherwise 
have taking implications under E.O. 12630. A takings implication 
assessment is not required.

F. Executive Order 13132: Federalism

    E.O. 13132 revoked and replaced E.O.s 12612 (Federalism) and 12875 
(Enhancing the Intergovernmental Partnership). E.O. 13132 took effect 
on November 2, 1999, and thus applies to actions published on or after 
November 2, 1999. Sections 3 and 6 of E.O. 13132 apply to policies with 
federalism implications, defined in the Executive Order as including 
actions that have ``substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.''
    Regulatory actions that have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government are subject to E.O. 13132. Under the 
criteria in section 1 of E.O. 13132, this rule does not have sufficient 
federalism implications to warrant the preparation of a federalism 
summary impact statement. It will not have substantial direct effects 
on the States, on the relationship between the national government and 
the States, or on the distribution of power and responsibilities among 
the various levels of government.

G. Executive Order 12988: Civil Justice Reform

    E.O. 12988 requires that rules:
    (1) Meet the criteria of section 3(a) requiring that all 
regulations be reviewed to eliminate errors and ambiguity and be 
written to minimize litigation; and
    (2) Meet the criteria of section 3(b)(2) requiring that all 
regulations be written in clear language and contain clear legal 
standards.
    This rule complies with the requirements of E.O. 12988.

H. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    The Department and BOEM strive to strengthen their government-to-
government relationships with Indian Tribes through a commitment to 
consultation with Indian Tribes and recognition of the Tribes' right to 
self-governance and Tribal sovereignty. BOEM evaluated this rule under 
the Department's consultation policy, Departmental Manual part 512, 
chapters 4 and 5, and E.O. 13175. BOEM determined that this rule has no 
substantial direct effects on federally recognized Indian Tribes or 
Alaska Native Claims Settlement Act Corporations and that consultation 
under existing Department and BOEM policies is not required.

I. Paperwork Reduction Act (PRA)

    This rule does not contain information collection requirements, and 
a submission to the OMB under the PRA (44 U.S.C. 3501 et seq.) is not 
required. 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.

J. National Environmental Policy Act (NEPA)

    This rule does not constitute a major Federal action significantly 
affecting the quality of the human environment. A detailed 
environmental analysis under NEPA is not required because the final 
rule is covered by a categorical exclusion (see 43 CFR 46.205). This 
final rule meets the criteria set forth at 43 CFR 46.210(i) for a 
Departmental categorical exclusion in that this final rule is ``of an 
administrative, financial, legal, technical, or procedural nature.'' 
BOEM has also determined that the final rule does not involve any of 
the extraordinary circumstances listed in 43 CFR 46.215 that would 
require further analysis under NEPA.

K. Data Quality Act

    In promulgating this rule, BOEM did not conduct or use a study, 
experiment, or survey requiring peer review under the Data Quality Act 
(Pub. L. 106-554, app. C, sec. 515, 114 Stat. 2763, 2763A-153-154). In 
accordance with the Data Quality Act, the Department has issued 
guidance regarding the quality of information that it relies upon for 
regulatory decisions. This guidance is available at the Department's 
website at: <a href="https://www.doi.gov/ocio/policy-mgmt-support/information-and-records-management/iq">https://www.doi.gov/ocio/policy-mgmt-support/information-and-records-management/iq</a>.

L. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    E.O. 13211 was issued on May 22, 2001, and requires Federal 
agencies to prepare a ``Statement of Energy Effects'' when undertaking 
certain regulatory actions. This statement describes the adverse 
effects of a ``significant energy action'' on energy supply, 
distribution and use; reasonable alternatives to the action; and the 
expected effects of the alternatives on energy supply, distribution and 
use.
    Under E.O. 13211, BOEM is required to prepare and submit to OMB a

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``Statement of Energy Effects'' for ``significant energy actions.'' 
This should include a detailed statement of any adverse effects on 
energy supply, distribution, or use (including a shortfall in supply, 
price increases, and increased use of foreign supplies) expected to 
result from the action and a discussion of reasonable alternatives and 
their effects. This action is not subject to E.O. 13211, because it is 
not a significant regulatory action under E.O. 12866.

M. Congressional Review Act (CRA)

    The CRA, 5 U.S.C. 801-808, established a mechanism to expedite 
congressional review of agency rules. The CRA generally provides that 
before a rule may take effect, the agency promulgating the rule must 
submit a rule report, which includes a copy of the rule, to each House 
of the Congress and to the Comptroller General of the United States. It 
is important to note that the CRA applies only to final rules; it does 
not apply to proposed rules. BOEM generally submits a report containing 
the rule and other required information to the U.S. Senate, the U.S. 
House of Representatives and the Comptroller General of the United 
States prior to publication of the rule in the Federal Register. A 
``major rule'' cannot take effect until 60 days after it is published 
in the Federal Register or is submitted to Congress, whichever is 
later.
    This rule is exempt from the CRA because it is a rule of Department 
organization, procedure or practice that does not substantially affect 
the rights or obligations of non-agency parties (5 U.S.C. 804(3)).

List of Subjects in 30 CFR Part 556

    Administrative practice and procedure, Continental shelf, 
Environmental protection, Government contracts, Intergovernmental 
relations, Mineral resources, Oil and gas exploration, Public lands, 
Reporting and recordkeeping requirements, Rights-of-way.

    This action by the Assistant Secretary is taken herein pursuant to 
an existing delegation of authority.

Adam G. Suess,
Acting Assistant Secretary, Land and Minerals Management.

    For the reasons stated in the preamble, the Department of the 
Interior amends 30 CFR part 556 as set forth below:

PART 556--LEASING OF SULFUR OR OIL AND GAS AND FINANCIAL ASSURANCE 
REQUIREMENTS IN THE OUTER CONTINENTAL SHELF

0
1. The authority citation for part 556 continues to read as follows:

    Authority: 31 U.S.C. 9701; 42 U.S.C. 6213; 43 U.S.C. 1334.


Sec.  556.103  [Removed and Reserved]

0
2. Remove and reserve Sec.  556.103.

[FR Doc. 2025-13780 Filed 7-21-25; 8:45 am]
BILLING CODE 4340-98-P


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Indexed from Federal Register on July 22, 2025.

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.