Rule2025-14805
Rescission of Renewable Energy Leasing Schedule
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 5, 2025
Effective
September 4, 2025
Issuing agencies
Interior DepartmentOcean Energy Management Bureau
Abstract
The Department of the Interior (the Department or DOI), acting through the Bureau of Ocean Energy Management (BOEM), is amending the Department's regulations to rescind a section that provides for publishing a renewable energy leasing schedule every 2 years. This section is not necessary because it is not mandated by the statute for renewable energy regulations.
Full Text
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<title>Federal Register, Volume 90 Issue 148 (Tuesday, August 5, 2025)</title>
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[Federal Register Volume 90, Number 148 (Tuesday, August 5, 2025)]
[Rules and Regulations]
[Pages 37386-37389]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-14805]
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DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
30 CFR Part 585
[Docket ID: BOEM-2025-0036]
RIN 1010-AE35
Rescission of Renewable Energy Leasing Schedule
AGENCY: Bureau of Ocean Energy Management, Interior.
ACTION: Direct final rule.
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SUMMARY: The Department of the Interior (the Department or DOI), acting
through the Bureau of Ocean Energy Management (BOEM), is amending the
Department's regulations to rescind a section that provides for
publishing a renewable energy leasing schedule every 2 years. This
section is not necessary because it is not mandated by the statute for
renewable energy regulations.
DATES: This direct final rule is effective on September 4, 2025 without
further action, unless significant adverse comment is received by
August 20, 2025 If adverse comment is received, BOEM will publish a
timely withdrawal of the rule in the Federal Register.
ADDRESSES: BOEM has established a docket for this action under Docket
ID
[[Page 37387]]
No. BOEM-2025-0036. All documents in the docket are listed on the
website at <a href="http://www.regulations.gov">http://www.regulations.gov</a> and can be found by entering the
Docket ID in the ``Enter Keyword or ID'' search box and clicking
``search''.
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#ff959a919196999a8dd19590919a8cbf9d909a92d1989089"><span class="__cf_email__" data-cfemail="5c36393232353a392e72363332392f1c3e333931723b332a">[email protected]</span></a>, or at telephone number (202) 571-8664.
SUPPLEMENTARY INFORMATION:
Background information. This direct final rule revises the
Department's regulations, which are administered by BOEM, that contain
a provision specifying that at least every 2 years, the Secretary of
the Interior (Secretary) will publish a 5-year schedule of anticipated
lease sales in section 585.150 of title 30 of the Code of Federal
Regulations. Upon reviewing this regulation, the Department has
determined that it should be rescinded because this schedule of
anticipated lease sales is not mandated by the authorizing statute, the
Outer Continental Shelf Lands Act (OCSLA), and unnecessarily limits the
Secretary's discretion over scheduling renewable lease sales. Moreover,
on January 20, 2025, President Trump invoked section 12(a) of OCSLA (43
U.S.C. 1341(a)) to temporarily but indefinitely withdraw unleased areas
on the OCS from wind leasing, and, because that withdrawal prevents
future renewable energy leasing while it is in effect, it serves no
purpose for the Department to publish a schedule of sales every 2
years. The Department has determined that these reasons justify
rescission of 30 CFR 585.150. The Department has no interest in
maintaining a rule that is unnecessary.
The Department has determined that this rule is not controversial
and is administrative in nature and is therefore issuing this action as
a direct final rule. Rescinding Sec. 585.150 does not prevent BOEM
from publishing a schedule of renewable lease sales if the Secretary
determines that such a schedule is warranted, and, indeed, BOEM had
done so in the past before Sec. 585.150 was promulgated. Moreover,
publication of a renewable lease sale schedule does not mandate that
BOEM ultimately hold any particular lease sale. This rescission will be
effective September 4, 2025 unless significant adverse comments are
received by August 20, 2025. For purposes of this section, an adverse
comment is one which explains why the rule would be inappropriate,
including a challenge to the rule's underlying premise or approach, or
why the rule would be ineffective or unacceptable without changes.
Comments that are insubstantial or opinion only will not be considered
adverse under this procedure. A comment recommending a rule change in
addition to the rule will not be considered an adverse comment, unless
there is a statement of why the rule would be unacceptable without the
additional change.
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. 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 585.150 directs a schedule for publication of projected
renewable energy lease sales. A projected schedule of lease sales is
not mandated by the authorizing statute, the OCSLA. The Department does
not wish to maintain unnecessary rules, and this section will be
removed. This final action removes 30 CFR 585.150.
B. Does this action apply to me?
30 CFR 585.150 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 direct 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. Statutory and Regulatory Authority
Section 5 of OCSLA (43 U.S.C. 1334) authorizes the Secretary to
issue regulations to administer leasing 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.
Also, subsection 8(p)(8) of OCSLA (43 U.S.C. 1337(p)(8)) authorizes the
Secretary to ``issue any necessary regulations to carry out this
subsection.'' This rule only makes administrative changes to remove a
section from part 585 of title 30 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
[[Page 37388]]
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 Administrative Procedure Act
(APA) unless the rule will not have a significant economic impact on a
substantial number of small entities. The RFA generally requires
agencies to analyze the economic impact of regulations when there is
likely to be a significant economic impact on a substantial number of
small entities and to consider regulatory alternatives that will
achieve the agency's goals while minimizing the burden on small
entities. This action will not have a significant economic impact on
small entities under the RFA because it does not impose any
requirements on small entities. The rescission of section 585.150 does
not regulate the public.
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, 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 (64 FR 43255, August 4, 1999) 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.
[[Page 37389]]
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. A Statement of Energy Effects 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
``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 585
Administrative practice and procedure, Continental shelf, Energy,
Marine resources, Natural resources, Renewable energy, Reporting and
recordkeeping requirements, Rights-of-way.
This action by the Assistant Secretary is taken 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 585.150 as follows:
PART 585--RENEWABLE ENERGY ON THE OUTER CONTINENTAL SHELF
0
1. The authority citation for part 585 continues to read as follows:
Authority: 43 U.S.C. 1337.
Subpart B--[Removed and reserved]
0
2. Remove and reserve subpart B.
[FR Doc. 2025-14805 Filed 8-4-25; 8:45 am]
BILLING CODE 4340-98-P
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