Rule2025-15325
Rescission of Expired 1-Year Grace Period for Data Extensions
Primary source
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Published
August 12, 2025
Effective
August 12, 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 the portion of a section, describing a grace period for release of geophysical data, that expired in 2010. This portion of the section is not necessary because it has expired. DOI is also making minor modifications effecting this rescission to another portion of the section.
Full Text
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<title>Federal Register, Volume 90 Issue 153 (Tuesday, August 12, 2025)</title>
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[Federal Register Volume 90, Number 153 (Tuesday, August 12, 2025)]
[Rules and Regulations]
[Pages 38705-38707]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-15325]
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Rules and Regulations
Federal Register
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having general applicability and legal effect, most of which are keyed
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Federal Register / Vol. 90, No. 153 / Tuesday, August 12, 2025 /
Rules and Regulations
[[Page 38705]]
DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
30 CFR Part 551
[Docket ID: BOEM-2025-0038]
RIN 1010-AE34
Rescission of Expired 1-Year Grace Period for Data Extensions
AGENCY: Bureau of Ocean Energy Management, Interior.
ACTION: 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 the portion of a section,
describing a grace period for release of geophysical data, that expired
in 2010. This portion of the section is not necessary because it has
expired. DOI is also making minor modifications effecting this
rescission to another portion of the section.
DATES: This final rule is effective on August 12, 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#b5dfd0dbdbdcd3d0c79bdfdadbd0c6f5d7dad0d89bd2dac3"><span class="__cf_email__" data-cfemail="fe949b909097989b8cd09491909b8dbe9c919b93d0999188">[email protected]</span></a>, or at telephone number (202) 571-8664.
SUPPLEMENTARY INFORMATION:
Background information. This final rule revises the Department's
regulations, which are administered by BOEM, that contain a provision
which mentions that there was a 1-year grace period expiring September
14, 2010, for releasing reprocessed geophysical data in sections 551.14
(b)(5) and (6), and a cross reference to the 1-year grace period in
section 551.14 (b)(2) of title 30 of the Code of Federal Regulations.
Upon reviewing this regulation, the Department has determined that it
should be rescinded because this grace period has expired and is no
longer needed. The Department has determined that this reason,
independently and alone, justifies revision of 30 CFR 551.14 (b)(2) and
rescission of sections 551.14 (b)(5) and (6). The Department has no
interest in maintaining a rule that is unnecessary.
The Department has determined that this rule is not subject to the
notice and comment requirements of the Administrative Procedure Act
(APA). Additionally, the Department 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. The Department 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. 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. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
L. Congressional Review Act (CRA)
I. General Information
A. Purpose of This Regulatory Action and Summary
30 CFR 551.14 (b)(5) and (6) refer to a grace period between
September 14, 2009, and September 14, 2010, during which BOEM did not
release eligible reprocessed geophysical data if an extension was filed
and approved. Geophysical data that was reprocessed 20 or more years
after a permit was issued is subject to multiple requirements in
551.14, and subject to release to the public following the timeline
table in 551.14 (b)(1). Section 551.14 (b)(2) contains a cross
reference to the 1-year grace period mentioned in section 551.14
(b)(5). After this grace period expired in 2010, BOEM resumed releasing
eligible reprocessed information under the original 25-year proprietary
term, unless an extension was granted. This grace period has expired,
and the section does not regulate the public. BOEM does not wish to
maintain unnecessary rules, and this section will be removed. This
final action revises 30 CFR 551.14 (b)(2) and removes sections
551.14(b)(5) and (6).
B. Does this action apply to me?
30 CFR 551.14 (b)(5), and (6) and a portion of (b)(2) do not
regulate the public and no longer applies, given expiration of the 1-
year grace period at issue. This is an administrative change only, and
its removal does not affect any legal rights, obligations, or interests
of any affected party.
[[Page 38706]]
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. Statutory and Regulatory Authority
Section 5 of Outer Continental Shelf Lands Act (OCSLA) (43 U.S.C.
1334) authorizes the Secretary of the Interior 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
E.O. 12866.
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 interagency 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, 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 portion of a regulation that has already expired
and therefore is no longer needed and 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, Governmental Actions and Interference with
Constitutionally Protected Property Rights, 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 affect 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
[[Page 38707]]
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. 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.
L. 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 551
Freedom of information, Oil and gas exploration, Reporting and
recordkeeping requirements, Research.
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 551 as follows:
PART 551--GEOLOGICAL AND GEOPHYSICAL (G&G) EXPLORATIONS OF THE
OUTER CONTINENTAL SHELF
0
1. The authority citation for part 551 continues to read as follows:
Authority: Section 104, Public Law 97-451, 96 Stat. 2451 (30
U.S.C. 1714), Public Law 109-432, Div C, Title I, 120 Stat. 3000; 30
U.S.C. 1751; 31 U.S.C. 9701; 43 U.S.C. 1334; 33 U.S.C. 2704, 2716;
E.O. 12777, as amended; 43 U.S.C. 1331 et seq., 43 U.S.C. 1337.
0
2. Amend Sec. 551.14 by revising paragraph (b)(2) and removing and
reserving paragraphs (b)(5) and (6) to read as follows:
Sec. 551.14 Protecting and disclosing data and information submitted
to BOEM under a permit
* * * * *
(b) * * *
(2) Permittees and third parties may apply to BOEM for an extension
of the 25-year proprietary term for geophysical information reprocessed
20 or more years after BOEM issued the germane permit. You must submit
the application to BOEM within 90 days after completion of the
reprocessing. Filing locations are listed in Sec. 551.5(d). Your
application must include:
* * * * *
(5) [Removed and Reserved]
(6) [Removed and Reserved]
* * * * *
[FR Doc. 2025-15325 Filed 8-11-25; 8:45 am]
BILLING CODE 4340-98-P
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