Reorganization of Title 30-Renewable Energy and Alternate Uses of Existing Facilities on the Outer Continental Shelf

Federal RegisterJan 31, 2023

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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.

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:

regs@bsee.gov;

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:

Georgeann.Smale@boem.gov;

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.

Specifically, the 2005 Act amended OCSLA to add a new subsection 8(p).

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.

The Secretary also has authority to issue regulations to implement OCSLA section 8(p).

Public Law 109-58, 119 Stat. 594.

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).

43 U.S.C. 1337(p)(3).

Id.

1337(p)(8).

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.

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.

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.”

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.”

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.”

Sec'y of the Interior Order 3299, as amended and issued Aug. 29, 2011, available at

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.

Id.

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].”

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.

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).

76 FR 64432 (Oct. 18, 2011).

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.

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.”

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).

Id.

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.

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.”

DOI Departmental Manual 218 DM 1, as amended and issued Sept. 14, 2022, available at

chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.doi.gov/sites/doi.gov/files/elips/documents/218-dm-1_2.pdf.

DOI Departmental Manual 219 DM 1, as amended and issued Sept. 14, 2022, available at

chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.doi.gov/sites/doi.gov/files/elips/documents/219-dm-1_0.pdf

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.

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.

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).

BOEM and BSEE intend to issue further guidance to help industry to understand the transfer of functions reflected in this rule.

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,

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:

➢ Updated cross-references to reflect the reorganized regulations and the division of responsibilities between BOEM and BSEE.

➢ Changed references from BOEM to BSEE as applicable.

➢ Changed references from “subchapter” to “part” where appropriate.

➢ Corrected spelling and grammar.

➢ Changed physical and website addresses.

➢ Updated organizational titles.

➢ 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

https://publications.api.org.

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

www.api.org/publications-standards-and-statistics/publications/government-cited-safety-documents.

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 § 585.115 to the new § 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

Table A—Derivation Table

BSEE Part 285

section

(new section)

BOEM Part 585 section

(existing section)

Description of reorganized sections

Subpart A—General Provisions

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.”

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 § 285.100 in part 285.

285.101

What is the purpose of this part?

585.101

What is the purpose of this part?

In part 585, references to the alternate use RUEs are removed. Existing paragraphs (b) and (c) of § 585.101 are included in § 285.101. The paragraphs are renumbered accordingly.

285.102

What are BSEE's responsibilities under this part?

585.102

What are BOEM's responsibilities under this part?

This section remains in part 585. In part 285, paragraphs (a)(8)-(11) and (e) of § 585.102 are not included in § 285.102. The paragraphs are renumbered accordingly.

285.103

When may BSEE prescribe or approve departures from these regulations?

585.103

When may BOEM prescribe or approve departures from these regulations?

This section remains in existing part 585 and is included in part 285.

285.104 [Reserved]

585.104

Do I need a BOEM lease or other authorization to produce or support the production of electricity or other energy product from a renewable energy resource on the OCS?

This section remains in part 585 only. Section 285.104 is reserved in part 285.

285.105

What are my responsibilities under this part?

585.105

What are my responsibilities under this part?

This section remains in part 585 and is included in part 285.

285.106 [Reserved]

585.106

Who can hold a lease or grant under this part?

This section is replaced with a new § 585.106

What happens if I fail to comply with this part?,

formerly numbered § 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 § 585.106 is renumbered to 585.107. Section 285.106 is reserved in part 285.

285.107 [Reserved]

585.107

How do I show that I am qualified to be a lessee or grant holder?

This section is renumbered to 585.108. Section 285.107 is reserved in part 285.

285.108 [Reserved]

585.108

When must I notify BOEM if an action has been filed alleging that I am insolvent or bankrupt?

This section is renumbered to 585.109. Section 285.108 is reserved in part 285.

285.109 [Reserved]

585.109

When must I notify BOEM of mergers, name changes, or changes of business form?

This section is renumbered to 585.110. Section 285.109 is reserved in part 285.

285.110

How do I submit applications, reports, or notices required by this part?

585.110

How do I submit plans, applications, or notices required by this part?

This section is renumbered to 585.111 and is included in part 285.

285.111

When and how does BSEE charge me processing fees on a case-by-case basis?

585.111

When and how does BOEM charge me processing fees on a case-by-case basis?

This section is renumbered to 585.112 and is included in part 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 and information obtained by BSEE under this part be disclosed to the public?

585.113

How will data and information obtained by BOEM under this part be disclosed to the public?

This section is renumbered to 585.114 and is included in part 285.

285.114

Paperwork Reduction Act statements—information collection

585.114

Paperwork Reduction Act statements—information collection

This section is renumbered to 585.115 and is included in part 285.

285.115

Documents incorporated by reference

585.115

Documents incorporated by reference

The content of existing 585.115 is removed from 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.

285.116

Requests for information on the state of the offshore renewable energy industry

585.116

Requests for information on the state of the offshore renewable energy industry

This section remains in part 585.116 and is included in part 285. Paragraph (b) of existing 585.116 was not moved to 285.116. The paragraphs in § 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 appeal rights?

585.118

What are my appeal rights?

This section remains in part 585 and is included in part 285. Only paragraphs (a) and (b) are moved to § 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 are granted with a lease issued under this part?

This section remains in part 585 only.

585.201

How will BOEM issue leases?

This section remains in part 585 only.

585.202

What types of leases will BOEM issue?

This section remains in part 585 only.

585.203

With whom will BOEM consult before issuance of a lease?

This section remains in part 585 only.

585.204

What areas are available for leasing consideration?

This section remains in part 585 only.

585.205

How will leases be mapped?

This section remains in part 585 only.

585.206

What is the lease size?

This section remains in part 585 only.

585.207-585.209 [Reserved]

These sections remain reserved in part 585.

Competitive Lease Process

585.210

How does BOEM initiate the competitive leasing process?

This section remains in part 585 only.

585.211

What is the process for competitive issuance of leases?

This section remains in part 585 only.

585.212

What is the process BOEM will follow if there is reason to believe that competitors have withdrawn before the Final Sale Notice is issued?

This section remains in part 585 only.

585.213

What must I submit in response to a Request for Interest or a Call for Information and Nominations?

This section remains in part 585 only.

585.214

What will BOEM do with information from the Requests for Information or Calls for Information and Nominations?

This section remains in part 585 only.

585.215

What areas will BOEM offer in a lease sale?

This section remains in part 585 only.

585.216

What information will BOEM publish in the Proposed Sale Notice and Final Sale Notice?

This section remains in part 585 only.

585.217-585.219 [Reserved]

These sections remain reserved in part 585.

Competitive Lease Award Process

585.220

What auction format may BOEM use in a lease sale?

This section remains in part 585 only.

585.221

What bidding systems may BOEM use for commercial leases and limited leases?

This section remains in part 585 only.

585.222

What does BOEM do with my bid?

This section remains in part 585 only.

585.223

What does BOEM do if there is a tie for the highest bid?

This section remains in part 585 only.

585.224

What happens if BOEM accepts my bid?

This section remains in part 585 only.

585.225

What happens if my bid is rejected, and what are my appeal rights?

This section remains in part 585 only.

585.226-585.229 [Reserved]

These sections remain reserved in part 585.

Noncompetitive Lease Award Process

585.230

May I request a lease if there is no Call?

This section remains in part 585 only.

585.231

How will BOEM process my unsolicited request for a noncompetitive lease?

This section remains in part 585 only.

585.232

May I acquire a lease noncompetitively after responding to a Request for Interest or Call for Information and Nominations?

This section remains in part 585 only.

585.233 and 585.234 [Reserved]

These sections remain reserved in part 585.

Commercial and Limited Lease Terms

585.235

If I have a commercial lease, how long will my lease remain in effect?

This section remains in part 585 only.

585.236

If I have a limited lease, how long will my lease remain in effect?

This section remains in part 585 only.

585.237,

What is the effective date of a lease?

This section remains in part 585 only.

585.238,

Are there any other renewable energy research activities that will be allowed on the OCS?

This section is renumbered to § 585.239 and replaced with § 585.238

May I develop my commercial 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 activities are authorized by ROW grants and RUE grants issued under this part?

This section remains in part 585 only.

585.301

What do ROW grants and RUE grants include?

This section remains in part 585 only.

585.302

What are the general requirements for ROW grant and RUE grant holders?

This section remains in part 585 only.

585.303

How long will my ROW grant or RUE grant remain in effect?

This section remains in part 585 only.

585.304 [Reserved]

This section remains reserved in part 585.

Obtaining ROW Grants and RUE Grants

585.305

How do I request a ROW grant or RUE grant?

This section remains in part 585 only.

585.306

What action will BOEM take on my request?

This section remains in part 585 only.

585.307

How will BOEM determine whether competitive interest exists for ROW grants and RUE grants?

This section remains in part 585 only.

585.308

How will BOEM conduct an auction for ROW grants and RUE grants?

This section remains in part 585 only.

585.309

When will BOEM issue a noncompetitive ROW grant or RUE grant?

This section remains in part 585 only.

585.310

What is the effective date of a ROW grant or RUE grant?

This section remains in part 585 only.

585.311-585.314 [Reserved]

These sections remain reserved in part 585.

Financial Requirements for ROW Grants and RUE Grants

585.315

What deposits are required for a competitive ROW grant or RUE grant?

This section remains in part 585 only.

585.316

What payments are required for ROW grants or RUE grants?

This section remains in part 585 only. The reference to BOEM in 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 § 285.401 only.)

285.400

What happens if I fail to comply with this part?

585.400

What happens if I fail to comply with this part?

This part is included in part 285. In part 585, 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 issue a cessation order?

585.401

When may BOEM issue a cessation order?

This section is removed and reserved in part 585 and is included in part 285.

285.402

What is the effect of a cessation order?

585.402

What is the effect of a cessation order?

This section is removed and reserved in part 585 and is included in part 285.

285.403 and 285.404 [Reserved]

585.403 and 585.404 [Reserved]

These sections remain 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 designate an operator?

This section remains in part 585 and is included as reserved in part 285.

285.406

Who is responsible for fulfilling lease and grant obligations?

585.406

Who is responsible for fulfilling lease and grant obligations?

This section remains in part 585 and is included in part 285. Existing paragraph (b) is modified in § 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 my lease or grant interest?

This section remains in part 585 and is included as reserved in part 285.

285.409 [Reserved]

585.409

How do I request approval of a lease or grant assignment?

This section remains in part 585 and is included as reserved in part 285.

285.410 [Reserved]

585.410

How does an assignment affect the assignor's liability?

This section remains in part 585 and is included as reserved in part 285.

285.411 [Reserved]

585.411

How does an assignment affect the assignee's liability?

This section remains in part 585 and is included as reserved in part 285.

285.412-285.414 [Reserved]

585.412-585.414 [Reserved]

These sections remain reserved in part 585 and are included as reserved in part 285.

Lease or Grant Suspension

285.415

What is a lease or grant suspension?

585.415

What is a lease or grant suspension?

This section remains in part 585 and is included in part 285.

285.416 [Reserved]

585.416

How do I request a lease or grant suspension?

This section remains in part 585 and is included as reserved in part 285.

285.417

When may BSEE order a suspension?

585.417

When may BOEM order a suspension?

This section remains in 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 § 585.417 into a single paragraph.

285.418

How will BSEE issue a suspension?

585.418

How will BOEM issue a suspension?

This section remains in part 585 and is included in part 285.

285.419

What are my immediate responsibilities if I receive a suspension order?

585.419

What are my immediate responsibilities if I receive a suspension order?

This section remains in part 585 and is included in part 285.

285.420

What effect does a suspension order have on my payments?

585.420

What effect does a suspension order have on my payments?

This section remains in part 585 and is included in part 285. Only existing paragraph (c) is included in part 285.

285.421

How long will a suspension be in effect?

585.421

How long will a suspension be in effect?

This section remains in part 585 and is included in part 285.

285.422-285.424 [Reserved]

585.422- 585.424 [Reserved]

Existing section 585.437 is moved to § 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 a renewal of my lease or grant before it terminates?

This section remains in part 585 and is included as reserved in part 285.

285.426 [Reserved]

585.426

When must I submit my request for renewal?

This section remains in part 585 and is included as reserved in part 285.

285.427 [Reserved]

585.427

How long is a renewal?

This section remains in part 585 and is included as reserved in part 285.

285.428 [Reserved]

585.428

What effect does applying for a renewal have on my activities and payments?

This section remains in part 585 and is included as reserved in part 285.

285.429 [Reserved]

585.429

What criteria will BOEM consider in deciding whether to renew a lease or grant?

This section remains in part 585 and is included as reserved in part 285.

285.430 and 285.431 [Reserved]

585.430 and 585.431 [Reserved]

These sections remain reserved in part 585 and are included as reserved in part 285.

Lease or Grant Termination

285.432 [Reserved]

585.432

When does my lease or grant terminate?

This section remains in part 585 and is included as reserved in part 285.

285.433

What must I do after my lease or grant terminates?

585.433

What must I do after my lease or grant terminates?

This section remains in part 585 and is included in part 285.

285.434 [Reserved]

585.434 [Reserved]

Existing section 585.909 is moved to § 585.434. This section is included as reserved in part 285.

Lease or Grant Relinquishment

285.435 [Reserved]

585.435

How can I relinquish a lease or a grant or parts of a lease or grant?

This section remains in part 585 and is included as reserved in part 285.

Lease or Grant Contraction

285.436 [Reserved]

585.436

Can BOEM require lease or grant contraction?

This section remains in part 585 and is included as reserved in part 285.

Lease or Grant Cancellation

285.437

When can my lease or grant be cancelled?

585.437

When can my lease or grant be cancelled?

This section is moved in part 585 to 585.422 and 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 payments under this part?

This section remains in part 585 only.

585.501

What deposits must I submit for a competitively issued lease, ROW grant, or RUE grant?

This section remains in part 585 only.

585.502

What initial payment requirements must I meet to obtain a noncompetitive lease, ROW grant, or RUE grant?

This section remains in part 585 only.

585.503

What are the rent and operating fee requirements for a commercial lease?

This section remains in part 585 only.

585.504

How are my payments affected if I develop my lease in phases?

This section remains in part 585 only.

585.505

What are the rent and operating fee requirements for a limited lease?

This section remains in part 585 only.

585.506

What operating fees must I pay on a commercial lease?

This section remains in part 585 only.

585.507

What rent payments must I pay on a project easement?

This section remains in part 585 only.

585.508

What rent payments must I pay on ROW grants or RUE grants associated with renewable energy projects?

This section remains in part 585 only.

585.509

Who is responsible for submitting lease or grant payments to BOEM?

This section remains in part 585 only.

585.510

May BOEM reduce or waive my lease or grant payments?

This section remains in part 585 only.

585.511-585.514 [Reserved]

These sections remain reserved in part 585.

Financial Assurance Requirements for Commercial Leases

585.515

What financial assurance must I provide when I obtain my commercial lease?

This section remains in part 585 only.

585.516

What are the financial assurance requirements for each stage of my commercial lease?

This section remains in part 585 only.

585.517

How will BOEM determine the amounts of the supplemental and decommissioning financial assurance requirements associated with commercial leases?

This section remains in part 585 only.

585.518 and 585.519 [Reserved]

These sections remain reserved in part 585.

Financial Assurance for Limited Leases, ROW Grants, and RUE Grants

585.520

What financial assurance must I provide when I obtain my limited lease, ROW grant, or RUE grant?

This section remains in part 585 only.

585.521

Do my financial assurance requirements change as activities progress on my limited lease or grant?

This section remains in part 585 only.

585.522-585.524 [Reserved]

These sections remain reserved in part 585.

Requirements for Financial Assurance Instruments

585.525

What general requirements must a financial assurance instrument meet?

This section remains in part 585 only.

585.526

What instruments other than a surety bond may I use to meet the financial assurance requirement?

This section remains in part 585 only.

585.527

May I demonstrate financial strength and reliability to meet the financial assurance requirement for lease or grant activities?

This section remains in part 585 only.

585.528

May I use a third-party guaranty to meet the financial assurance requirement for lease or grant activities?

This section remains in part 585 only.

585.529

Can I use a lease- or grant-specific decommissioning account to meet the financial assurance requirements related to decommissioning?

This section remains in part 585 only.

Changes in Financial Assurance

585.530

What must I do if my financial assurance lapses?

This section remains in part 585 only.

585.531

What happens if the value of my financial assurance is reduced?

This section remains in part 585 only.

585.532

What happens if my surety wants to terminate the period of liability of my bond?

This section remains in part 585 only.

585.533

How does my surety obtain cancellation of my bond?

This section remains in part 585 only.

585.534

When may BOEM cancel my bond?

This section remains in part 585 only.

585.535

Why might BOEM call for forfeiture of my bond?

This section remains in part 585 only.

585.536

How will I be notified of a call for forfeiture?

This section remains in part 585 only.

585.537

How will BOEM proceed once my bond or other security is forfeited?

This section remains in part 585 only.

585.538 and 585.539 [Reserved]

These sections remain reserved in part 585.

Revenue Sharing With States

585.540

How will BOEM equitably distribute revenues to the States?

This section remains in part 585 only.

585.541

What is a qualified project for revenue sharing purposes?

This section remains in part 585 only.

585.542

What makes a State eligible for payment of revenues?

This section remains in part 585 only.

585.543

Example of how the inverse distance formula works

This section remains in part 585 only.

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 and information must I submit to BOEM before I conduct activities on my lease or grant?

This section remains in part 585 and is included as reserved in part 285.

285.601 [Reserved]

585.601

When am I required to submit my plans to BOEM?

This section remains in part 585 and is included as reserved in part 285.

285.602

What records must I maintain?

585.602

What records must I maintain?

This section is reserved in part 585 and is included in part 285.

285.603 and 285.604 [Reserved]

585.603 and 585.604 [Reserved]

These sections remain 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 Site Assessment Plan (SAP)?

This section remains in part 585 and is included as reserved in part 285.

285.606 [Reserved]

585.606

What must I demonstrate in my SAP?

This section remains in part 585 and is included as reserved in part 285.

285.607 [Reserved]

585.607

How do I submit my SAP?

This section remains in part 585 and is included as reserved in part 285.

285.608 and 285.609 [Reserved]

585.608 and 585.609 [Reserved]

These sections remain 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 include in my SAP?

This section remains in part 585 and is included as reserved in part 285.

285.611 [Reserved]

585.611

What information and certifications must I submit with my SAP to assist BOEM in complying with NEPA and other relevant laws?

This section remains in part 585 and is included as reserved in part 285.

285.612 [Reserved]

585.612

How will my SAP be processed for Federal consistency under the Coastal Zone Management Act?

This section remains in part 585 and is included as reserved in part 285.

285.613 [Reserved]

585.613

How will BOEM process my SAP?

This section remains in part 585 and is included as reserved in part 285.

Activities Under an Approved SAP

285.614

When may I begin conducting activities under my approved SAP?

585.614

When may I begin conducting activities under my approved SAP?

This section remains in part 585 and is included in part 285.

285.615

What other reports or notices must I submit to BSEE under my approved SAP?

585.615

What other reports or notices must I submit to BOEM under my approved SAP?

This section remains in part 585 and is included in part 285. Only existing paragraph (b) remains in part 585.

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 activities require a revision to my SAP, and when will BOEM approve the revision?

This section remains in part 585 and is included as reserved in part 285.

285.618 [Reserved]

585.618

What must I do upon completion of approved site assessment activities?

This section remains in part 585 and is included as reserved in part 285.

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 Construction and Operations Plan?

This section remains in part 585 and is included as reserved in part 285.

285.621 [Reserved]

585.621

What must I demonstrate in my COP?

This section remains in part 585 and is included as reserved in part 285.

285.622 [Reserved]

585.622

How do I submit my COP?

This section remains in part 585 and is included as reserved in part 285.

285.623-285.625 [Reserved]

585.623-585.625 [Reserved]

These sections remain 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 include in my COP?

This section remains in part 585 and is included as reserved in part 285.

285.627 [Reserved]

585.627

What information and certificates must I submit with my COP to assist the BOEM in complying with NEPA and other relevant laws?

This section remains in part 585 and is included as reserved in part 285. Existing paragraph (c) is modified to read, “You must submit your oil spill response plan 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 process my COP?

This section remains in part 585 and is included as reserved in part 285.

285.629 [Reserved]

585.629

May I develop my lease in phases?

This content of this 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 initiate activities under an approved COP?

585.631

When must I initiate activities under an approved COP?

This section remains in part 585 and is included in part 285.

285.632

What documents must I submit before I may construct and install facilities under my approved COP?

585.632

What documents must I submit before I may construct and install facilities under my approved COP?

This section remains in part 585 and is included in part 285.

285.633

How do I comply with my COP?

585.633

How do I comply with my COP?

This section is removed and reserved in part 585 and is included in part 285.

285.634 [Reserved]

585.634

What activities require a revision to my COP, and when will BOEM approve the revision?

This section remains in part 585 and is included as reserved in part 285.

285.635 [Reserved]

585.635

What must I do if I cease activities approved in my COP before the end of my commercial lease?

This section remains in part 585 and is included as reserved in part 285.

285.636

What notices must I provide BSEE following approval of my COP?

585.636

What notices must I provide BOEM following approval of my COP?

This section is removed and reserved in part 585 and is included in part 285.

285.637

When may I commence commercial operations on my commercial lease?

585.637

When may I commence commercial operations on my commercial lease?

This section is removed and reserved in part 585 and is included in part 285.

285.638

What must I do upon completion of my commercial operations as approved in my COP or FERC license?

585.638

What must I do upon completion of my commercial operations as approved in my COP or FERC license?

This section is removed and reserved in part 585 and is included in part 285.

285.639 [Reserved]

585.639 [Reserved]

This section remains reserved in part 585 and is included as reserved in part 285.

General Activities Plan Requirements for Limited Leases, ROW Grants, and RUE Grants

285.640 [Reserved]

585.640

What is a General Activities Plan (GAP)?

This section remains in part 585 and is included as reserved in part 285.

285.641 [Reserved]

585.641

What must I demonstrate in my GAP?

This section remains in part 585 and is included as reserved in part 285.

285.642 [Reserved]

585.642

How do I submit my GAP?

This section remains in part 585 and is included as reserved in part 285.

285.643 and 285.644 [Reserved]

585.643 and 585.644 [Reserved]

These sections remain 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 include in my GAP?

This section remains in part 585 and is included as reserved in part 285.

285.646 [Reserved]

585.646

What information and certifications must I submit with my GAP to assist BOEM in complying with NEPA and other relevant laws?

This section remains in part 585 and is included as reserved in part 285.

285.647 [Reserved]

585.647

How will my GAP be processed for Federal consistency under the Coastal Zone Management Act?

This section remains in part 585 and is included as reserved in part 285.

285.648 [Reserved]

585.648

How will BOEM process my GAP?

This section remains in 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 begin conducting activities under my GAP?

585.650

When may I begin conducting activities under my GAP?

This section remains in part 585 and is included in part 285.

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?

585.651

When may I construct complex or significant OCS facilities on my limited lease or any facilities on my project easement proposed under my GAP?

This section remains in part 585 and is included in part 285.

285.652 [Reserved]

285.652

How long do I have to conduct activities under an approved GAP?

This section remains in part 585 and is included as reserved in part 285.

285.653

What other reports or notices must I submit to BSEE under my approved GAP?

585.653

What other reports or notices must I submit to BOEM under my approved GAP?

This section remains in part 585 and is included in part 285. Only existing paragraph (b) 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 activities require a revision to my GAP, and when will BOEM approve the revision?

This section remains in part 585 and is included as reserved in part 285.

285.656 [Reserved]

585.656

What must I do if I cease activities approved in my GAP before the end of my term?

This section remains in part 585 and is included as reserved in part 285.

285.657 [Reserved]

585.657 What must I do upon completion of approved activities under my GAP?

This section remains in part 585 and is included as reserved in part 285.

Cable and Pipeline Deviations

285.658 [Reserved]

585.658

Can my cable or pipeline construction deviate from my approved COP or GAP?

This section remains in part 585 and is included as reserved in part 285.

285.659 [Reserved]

585.659

What requirements must I include in my SAP, COP, or GAP regarding air quality?

This section is moved to 585.700 in part 585, under the heading Environmental Protection Requirements Under Approved Plans. Part 585.659 is reserved in part 585 and part 285.

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 must I submit to BSEE before installing facilities described in my approved SAP, COP, or GAP?

585.700

What reports must I submit to BOEM before installing facilities described in my approved SAP, COP, or GAP?

This section is included in part 285. In part 585, the contents of existing section 585.659 are relocated to 585.700, under the heading Environmental Protection Requirements Under Approved Plans.

285.701

What must I include in my Facility Design Report?

585.701

What must I include in my Facility Design Report?

This section is included in part 285. In part 585, the contents of existing section 585.801 are relocated to 585.701, under the heading Environmental Protection Requirements Under Approved Plans.

285.702

What must I include in my Fabrication and Installation Report?

585.702

What must I include in my Fabrication and Installation Report?

This section is included in part 285. In part 585, the contents of existing section 585.802 are relocated to 585.702, under the heading Environmental Protection Requirements Under Approved Plans and

285.703

What reports must I submit for project modifications and repairs?

585.703

What reports must I submit for project modifications and repairs?

This section is included in part 285. In part 585, the contents of existing section 585.803 are relocated to § 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 use a Certified Verification Agent (CVA)?

585.705

When must I use a Certified Verification Agent (CVA)?

This section is removed and reserved in part 585 and is included in part 285.

285.706

How do I nominate a CVA for BSEE approval?

585.706

How do I nominate a CVA for BOEM approval?

This section is removed and reserved in part 585 and is included in part 285.

285.707

What are the CVA's primary duties for facility design review?

585.707

What are the CVA's primary duties for facility design review?

This section is removed and reserved in part 585 and is included in part 285.

285.708

What are the CVA's or project engineer's primary duties for fabrication and installation review?

585.708

What are the CVA's or project engineer's primary duties for fabrication and installation review?

This section is removed and reserved in part 585 and is included in part 285.

285.709

When conducting onsite fabrication inspections, what must the CVA or project engineer verify?

585.709

When conducting onsite fabrication inspections, what must the CVA or project engineer verify?

This section is removed and reserved in part 585 and is included in part 285.

285.710

When conducting onsite installation inspections, what must the CVA or project engineer do?

585.710

When conducting onsite installation inspections, what must the CVA or project engineer do?

This section is removed and reserved in part 585 and is included in part 285.

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 CVA's or project engineer's reporting requirements?

585.712

What are the CVA's or project engineer's reporting requirements?

This section is removed and reserved in part 585 and is included in part 285.

285.713

What must I do after the CVA or project engineer confirms conformance with the Fabrication and Installation Report on my commercial lease?

585.713

What must I do after the CVA or project engineer confirms conformance with the Fabrication and Installation Report on my commercial lease?

This section is removed and reserved in part 585 and is included in part 285.

285.714

What records relating to SAPs, COPs, and GAPs must I keep?

585.714

What records relating to SAPs, COPs, and GAPs must I keep?

This section is removed and reserved in part 585 and is included in part 285.

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 conduct my activities to comply with safety and environmental requirements?

585.800

How must I conduct my activities to comply with safety and environmental requirements?

This section is removed and reserved in part 585 and is included in part 285.

285.801

How must I conduct my approved activities to protect marine mammals, threatened and endangered species, and designated critical habitat?

585.801

How must I conduct my approved activities to protect marine mammals, threatened and endangered species, and designated critical habitat?

This section is moved to 585.701 and reserved in subpart H of part 585, and is included in part 285, as a cross-reference to 585.701.

285.802

What must I do if I discover a potential archaeological resource while conducting my approved activities?

585.802

What must I do if I discover a potential archaeological resource while conducting my approved activities?

This section is moved to § 585.702 and reserved in subpart H of part 585, and is included in part 285, as a cross-reference to 585.702.

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?

585.803

How must I conduct my approved activities to protect essential fish habitats identified and described under the Magnuson-Stevens Fishery Conservation and Management Act?

This section is moved to § 585.703 and reserved in subpart H of part 585, and is included in part 285, as a cross-reference to 585.703.

285.804-285.809 [Reserved]

585.804-585.809 [Reserved]

These sections remain reserved in part 585 and are included as reserved in part 285.

Safety Management Systems

285.810

What must I include in my Safety Management System?

585.810

What must I include in my Safety Management System?

This section is removed and reserved in part 585 and is included in part 285.

285.811

When must I follow my Safety Management System?

585.811

When must I follow my Safety Management System?

This section is removed and reserved in part 585 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 to report removing equipment from service?

585.813

When do I have to report removing equipment from service?

This section is removed and reserved in part 585 and is included in part 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 if I have facility damage or an equipment failure?

585.815

What must I do if I have facility damage or an equipment failure?

This section is removed and reserved in part 585 and is included in part 285.

285.816

What must I do if environmental or other conditions adversely affect a cable, pipeline, or facility?

585.816

What must I do if environmental or other conditions adversely affect a cable, pipeline, or facility?

This section is removed and reserved in part 585 and is included in part 285.

285.817-285.819 [Reserved]

585.817-585.819 [Reserved]

These sections remain reserved in part 585 and are included as reserved in part 285.

Inspections and Assessment

285.820

Will BSEE conduct inspections?

585.820

Will BOEM conduct inspections?

This section is removed and reserved in part 585 and is included in part 285.

285.821

Will BSEE conduct scheduled and unscheduled inspections?

585.821

Will BOEM conduct scheduled and unscheduled inspections?

This section is removed and reserved in part 585 and is included in part 285.

285.822

What must I do when BSEE conducts an inspection?

585.822

What must I do when BOEM conducts an inspection?

This section is removed and reserved in part 585 and is included in part 285.

285.823

Will BSEE reimburse me for my expenses related to inspections?

585.823

Will BOEM reimburse me for my expenses related to inspections?

This section is removed and reserved in part 585 and is included in part 285.

285.824

How must I conduct self-inspections?

585.824

How must I conduct self-inspections?

This section is removed and reserved in part 585 and is included in part 285.

285.825

When must I assess my facilities?

585.825

When must I assess my facilities?

This section is removed and reserved in part 585 and is included in part 285.

285.826-285.829 [Reserved]

585.826-585.829 [Reserved]

These sections remain reserved in part 585 and are included as reserved in part 285.

Incident Reporting and Investigation

285.830

What are my incident reporting requirements?

585.830

What are my incident reporting requirements?

This section is removed and reserved in part 585 and is included in part 285.

285.831

What incidents must I report, and when must I report them?

585.831

What incidents must I report, and when must I report them?

This section is removed and reserved in part 585 and is included in part 285.

285.832

How do I report incidents requiring immediate notification?

585.832

How do I report incidents requiring immediate notification?

This section is removed and reserved in part 585 and is included in part 285.

285.833

What are the reporting requirements for incidents requiring written notification?

585.833

What are the reporting requirements for incidents requiring written notification?

This section is removed and reserved in part 585 and is included in part 285.

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 the decommissioning obligations in this subpart?

585.900

Who must meet the decommissioning obligations in this subpart?

This section is removed in part 585 and is included in part 285.

285.901

When do I accrue decommissioning obligations?

585.901

When do I accrue decommissioning obligations?

This section is removed in part 585 and is included in part 285.

285.902

What are the general requirements for decommissioning for facilities authorized under my SAP, COP, or GAP?

585.902

What are the general requirements for decommissioning for facilities authorized under my SAP, COP, or GAP?

This section is removed in part 585 and is included in part 285.

285.903

What are the requirements for decommissioning FERC-licensed hydrokinetic facilities?

585.903

What are the requirements for decommissioning FERC-licensed hydrokinetic facilities?

This section is removed in part 585 and is included in part 285.

285.904

Can I request a departure from the decommissioning requirements?

585.904

Can I request a departure from the decommissioning requirements?

This section is removed in part 585 and is included in part 285.

Decommissioning Applications

285.905

When must I submit my decommissioning application?

585.905

When must I submit my decommissioning application?

This section is removed in part 585 and is included in part 285.

285.906

What must my decommissioning application include?

585.906

What must my decommissioning application include?

This section is removed in part 585 and is included in part 285.

285.907

How will BSEE process my decommissioning application?

585.907

How will BOEM process my decommissioning application?

This section is removed in part 585 and is included in part 285.

285.908

What must I include in my decommissioning notice?

585.908

What must I include in my decommissioning notice?

This section is removed in part 585 and is included in part 285.

Facility Removal

285.909

When may facilities remain in place following termination of a lease or grant?

585.909

When may BOEM authorize facilities to remain in place following termination of a lease or grant?

This section is removed in part 585 and is included in part 285. The section heading in part 285 is revised.

285.910

What must I do when I remove my facility?

585.910

What must I do when I remove my facility?

This section is removed in part 585 and is included in part 285.

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 a facility, cable, or pipeline, what information must I submit?

585.912

After I remove a facility, cable, or pipeline, what information must I submit?

This section is removed in part 585 and is included in part 285.

Compliance with an Approved Decommissioning Application

285.913

What happens if I fail to comply with my approved decommissioning application?

585.913

What happens if I fail to comply with my approved decommissioning application?

This section is removed in part 585 and is included in part 285.

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 purpose of this part?

Paragraphs (a), (b), (c) and (d) of this section 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 BOEM's responsibilities under this part?

This section is included in part 586 as 586.103, which is a new section under a new Subpart A-General Provisions in a new part 586.

585.103

When may BOEM prescribe or approve departures from these regulations

This section is included in part 586 as 586.104 which is a new section under a new Subpart A-General Provisions.

585.104

Do I need a BOEM lease or other authorization to produce or support the production of electricity

This section is removed in the new part 586.

585.105

What are my responsibilities under this part?

This section is included as 586.105 and the 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 a lease or grant under this part?

This section is included in part 586 as 586.107, 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 that I am qualified to be a lease or grant holder?

This section is included in part 586 and renumbered 586.108. This is a new section under a new Subpart A-General Provisions in a new part 586.

585.108

When must I notify BOEM if an action has been filed alleging that I am insolvent or bankrupt?

This section is included as 586.109. This is a new section under a new Subpart A-General Provisions in a new part 586.

585.109

When must I notify BOEM of mergers, name changes, or changes of business form?

This section is included as 586.110. This is a new section under a new Subpart A-General Provisions in a new part 586.

585.110

How do I submit plans, applications, reports, or notices required in this part?

This section is included as 586.111. This is a new section under a new Subpart A-General Provisions in a new part 586.

585.111

When and how does BOEM charge me processing fees on a case-by-case basis?

This section is included as 586.112. This is a new section under a new 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 and information obtained by BOEM under this part be disclosed to the public?

This section is included as section 586.114. This is a new section under a new Subpart A-General Provisions in a new part 586.

585.114

Paperwork Reduction Act statements-information collection

This section is included as section 586.115. This is a new section under a new Subpart A-General Provisions in a new part 586.

585.116

Requests for information on the state of the offshore renewable energy industry

The content of existing 585.116 is not included in new part 586. Section 586.116 is reserved.

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 appeal rights?

This section is included as 586.118 under a new Subpart A-General Provisions in a new part 586.

285.1000

What activities does this subpart regulate?

585.1000

What activities does this subpart regulate?

This section is removed and its contents relocated to § 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 [Reserved]

585.1001-585.1003 [Reserved]

These sections are 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 do before I request an Alternate Use RUE?

This section is removed and relocated to a new part 586, to § 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 request an Alternate Use RUE?

This section is removed and relocated to a new part 586, to § 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 BOEM decide whether to issue an Alternate Use RUE?

This section is removed and relocated to a new part 586, to § 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 will BOEM use for competitively offering an Alternate Use RUE?

This section is removed and relocated to a new part 586, to § 586.203 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.

285.1008 and 285.1009 [Reserved]

585.1008 and 585.1009 [Reserved]

These sections are 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 I conduct activities under an Alternate Use RUE?

This section is removed and relocated to a new part 586, to § 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 payments are required for an Alternate Use RUE?

This section is removed and relocated to a new part 586, to § 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 financial assurance is required for an Alternate Use RUE?

This section is removed and relocated to a new part 586, to § 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 Alternate Use RUE assignable?

This section is removed and relocated to a new subpart, to § 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 BSEE suspend an Alternate Use RUE?

585.1014

When will BOEM suspend an Alternate Use RUE?

This section is removed and relocated to a new subpart 586, to § 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 relinquish an Alternate Use RUE?

This section is removed and relocated to a new subpart 586, to § 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 Alternate Use RUE be cancelled?

585.1016

When will an Alternate Use RUE be cancelled?

This section is removed and relocated to a new subpart 586, to § 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 responsible for decommissioning an OCS facility subject to an Alternate Use RUE?

585.1018

Who is responsible for decommissioning an OCS facility subject to an Alternate Use RUE?

The content of § 585.1018 is removed. This section is reserved and the content is now in new § 586.218, 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 decommissioning requirements for an Alternate Use RUE?

585.1019

What are the decommissioning requirements for an Alternate Use RUE?

This section is removed and relocated to a new subpart 586, to § 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.

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 § 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

BILLING CODE 4310-MR-P

ER31JA23.000

ER31JA23.001

ER31JA23.002

ER31JA23.003

ER31JA23.004

ER31JA23.005

ER31JA23.006

ER31JA23.007

ER31JA23.008

ER31JA23.009

ER31JA23.010

ER31JA23.011

ER31JA23.012

ER31JA23.013

ER31JA23.014

BILLING CODE 4310-MR-C

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 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

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

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]

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

§ 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

(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.

§ 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.

§ 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.

§ 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.

§ 285.104

[Reserved]

§ 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;

(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.

§ § 285.106-285.109

[Reserved]

§ 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.

§ 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

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.

§ 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

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.

§ 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.

If you have a . . .

Then BSEE will review data 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.

§ 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.

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

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:

30 CFR 285 subpart and title

Reasons for collecting information 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 Administration

To ensure compliance with regulations pertaining to a lease or grant, and suspension of leases and grants.

(3)Subpart F—Information Requirements

To enable BSEE to comply with Federal laws to ensure the safety of the environment on the OCS.

(4) Subpart G—Facility Design, Fabrication, and Installation

To enable BSEE to review the final 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 Safety Management, Inspections, and Facility Assessments for Activities Conducted Under SAPs, COPs, and GAPs

To ensure that lease and grant operations are conducted in a manner that is safe and protects the environment. To ensure 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 Easement for Energy- and Marine- Related Activities Using Existing OCS Facilities

To enable BSEE to review information regarding the design, installation, and operation of RUEs on the OCS, 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.

§ 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

www.archives.gov/federal-register/cfr/ibr-locations.html

or email

fr.inspection@nara.gov

. 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:

www.api.org

https://publications.api.org

(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 § 285.825(a), (b).

(b) [Reserved]

§ 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

§ 285.117

[Reserved]

§ 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

§ 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

noncompliance within the time limit specified provides the basis for BSEE to issue a cessation order as provided in § 285.401, and/or a cancellation of the lease or grant as provided in § 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.

§ 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 § 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.

§ 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 § 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.

§ 285.403-285.405

[Reserved]

Responsibility for Fulfilling Obligations

§ 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.

§ 285.407-285.414

[Reserved]

Lease or Grant Suspension

§ 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 § 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.

§ 285.416

[Reserved]

§ 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 potential damage, and the available mitigation measures. Other requirements and actions may occur:

(1) You may be required to pay for the study;

(2) You must furnish one paper copy and one electronic copy of the study and results to us;

(3) We will make the results available to other interested parties and to the public; and

(4) We will use the results of the study and any other information that become available:

(i) To decide if the suspension order can be lifted; and

(ii) To determine any actions that you must take to mitigate or avoid any 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.

§ 285.418

How will BSEE issue a suspension?

(a) BSEE will issue a suspension order orally or in writing.

(b) BSEE will send you a written suspension order as soon as practicable after issuing an oral suspension order.

(c) The written order will explain the reasons for its issuance and describe the effect of the suspension order on your lease or grant and any associated activities. BSEE may authorize certain activities during the period of the suspension, as set forth in the suspension order.

§ 285.419

What are my immediate responsibilities if I receive a suspension order?

You must comply with the terms of a suspension order upon receipt and take any action prescribed within the time set forth therein.

§ 285.420

What effect does a suspension order have on my payments?

If BSEE orders a suspension, as provided in § 285.417, your payments, as appropriate for the term that is

suspended, will be waived during the suspension period.

§ 285.421

How long will a suspension be in effect?

A suspension will be in effect for the period specified by BSEE. If BSEE determines that the circumstances giving rise to a suspension ordered under § 285.417 cannot be resolved within 5 years, the Secretary may initiate cancellation of the lease or grant, as provided in § 285.437.

§ 285.422-285.432

[Reserved]

Lease or Grant Termination

§ 285.433

What must I do after my lease or grant terminates?

(a) After your lease or grant terminates, you must:

(1) Make all payments due; and

(2) Perform any other outstanding obligations under the lease or grant within 6 months.

(b) Within 2 years following termination of a lease or grant, you must remove or dispose of all facilities, installations, and other devices permanently or temporarily attached to the seabed on the OCS in accordance with your Plan approved by BOEM under 30 CFR part 585, subpart F, and your application approved by BSEE under subpart I of this part.

(1) BOEM may call for the forfeiture of your financial assurance; and

(2) You remain liable for removal or disposal costs and responsible for accidents or damages that might result from such failure.

§ § 285.434-285.436

[Reserved]

Lease or Grant Cancellation

§ 285.437

When can my lease or grant be canceled?

(a) The Secretary will cancel any lease or grant issued under 30 CFR parts 585 or 586 upon proof that it was obtained by fraud or misrepresentation, and after notice and opportunity to be heard has been afforded to the lessee or grant holder.

(b) The Secretary may cancel any lease or grant issued under 30 CFR parts 585 or 586 when:

(1) The Secretary determines after notice and opportunity for a hearing that, with respect to the lease or grant that would be canceled, the lessee or grantee has failed to comply with any applicable provision of the OCS Lands Act or these regulations; any order of the Director; or any term, condition or stipulation contained in the lease or grant, and that the failure to comply continued 30 days (or other period BSEE specifies) after you receive notice from BSEE. The Secretary will mail a notice by registered or certified letter to the lessee or grantee at its record post office address;

(2) Required by national security or defense; or

(3) The Secretary determines after notice and opportunity for a hearing that continued activity under the lease or grant:

(i) Would cause serious 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;

(ii) That the threat of harm or damage would not disappear or decrease to an acceptable extent within a reasonable period of time; and

(iii) The advantages of cancellation outweigh the advantages of continuing the lease or grant in force.

Subpart E [Reserved]

Subpart F—Information Requirements

§ § 285.600-285.601

[Reserved]

§ 285.602

What records must I maintain?

Until BOEM releases your financial assurance under 30 CFR 585.534, you must maintain and provide to BSEE, upon request, all data and information related to compliance with required terms and conditions of your SAP, COP, or GAP.

§ § 285.603-285.613

[Reserved]

Activities Under an Approved SAP

§ 285.614

When may I begin conducting activities under my approved SAP?

(a) You may begin conducting the activities approved in your SAP following BOEM approval of your SAP.

(b) If you are installing a facility or a combination of facilities deemed by BOEM to be complex or significant, as provided in 30 CFR 585.613(a)(1), you must comply with the requirements of subpart G of this part and submit your safety management system required by § 285.810 before construction may begin.

§ 285.615

What other reports or notices must I submit to BSEE under my approved SAP?

(a) You must notify BSEE in writing within 30 days of completing installation activities approved in your SAP.

(b) You must submit a certification of compliance annually (or other frequency as determined by BOEM) with those terms and conditions of your SAP that BOEM identifies under 30 CFR 585.613(e)(1). Together with your certification, you must submit:

(1) Summary reports that show compliance with the terms and conditions which require certification; and

(2) A statement identifying and describing any mitigation measures and monitoring methods and their effectiveness. If you identified measures that were not effective, you must include your recommendations for new mitigation measures or monitoring methods.

§ § 285.616-285.630

[Reserved]

Activities Under an Approved COP

§ 285.631

When must I initiate activities under an approved COP?

After your COP is approved, you must commence construction by the date given in the construction schedule required by 30 CFR 585.626(b)(21), and included as a part of your approved COP, unless BOEM approves a deviation from your schedule.

§ 285.632

What documents must I submit before I may construct and install facilities under my approved COP?

(a) You must submit to BSEE the documents listed in the following table:

Document:

Requirements are found in:

(1) Facility Design Report

§ 285.701

(2) Fabrication and Installation Report

§ 285.702

(b) You must submit your safety management system, as required by § 285.810.

(c) These activities must fall within the scope of your approved COP. If they do not fall within the scope of your approved COP, you will be required to submit a revision to your COP, under 30 CFR 585.634, for BOEM approval before commencing the activity.

§ 285.633

How do I comply with my COP?

(a) You must submit a certification of compliance annually (or other frequency as determined by BOEM) with certain terms and conditions of your COP that BOEM identifies. Together with your certification, you must submit:

(1) Summary reports that show compliance with the terms and conditions which require certification; and

(2) A statement identifying and describing any mitigation measures and monitoring methods, and their

effectiveness. If you identified measures that were not effective, then you must make recommendations for new mitigation measures or monitoring methods.

(b) As provided at § 285.105(i), BSEE may require you to submit any supporting data and information.

§ § 285.634-285.635

[Reserved]

§ 285.636

What notices must I provide BSEE following approval of my COP?

You must notify BSEE in writing of the following events, within the time periods provided:

(a) No later than 30 days after commencing activities associated with the placement of facilities on the lease area under a Fabrication and Installation Report.

(b) No later than 30 days after completion of construction and installation activities under a Fabrication and Installation Report.

§ 285.637

When may I commence commercial operations on my commercial lease?

If you are conducting activities on your lease that:

(a) Do not require a FERC license (

e.g.,

wind), then you may commence commercial operations 30 days after the CVA or project engineer has submitted to BSEE the final Fabrication and Installation Report for the fabrication and installation review, as provided in § 285.708.

(b) Require a FERC license or exemption, then you may commence commercial operations when permitted by the terms of your license or exemption.

§ 285.638

What must I do upon completion of my commercial operations as approved in my COP or FERC license?

(a) Upon completion of your approved activities under your COP, you must initiate the decommissioning process as set forth in subpart I of this part. You must submit your decommissioning application as provided in §§ 285.905 and 285.906.

(b) Upon completion of your approved activities under your FERC license, the terms of your FERC license will govern your decommissioning activities.

§ § 285.639-285.649

[Reserved]

Activities Under an Approved GAP

§ 285.650

When may I begin conducting activities under my GAP?

After BOEM approves your GAP, you may begin conducting the approved activities that do not involve a project easement or the construction of facilities on the OCS that BOEM has deemed to be complex or significant.

§ 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?

If you are applying for a project easement, or installing a facility or a combination of facilities on your limited lease deemed by BOEM to be complex or significant, as provided in 30 CFR 585.648(a)(1), you also must comply with the requirements of subpart G of this part and submit your safety management system description required by § 285.810 before construction may begin.

§ 285.652

[Reserved]

§ 285.653

What other reports or notices must I submit to BSEE under my approved GAP?

(a) You must notify BSEE in writing within 30 days after completing installation activities approved in your GAP

(b) You must annually (or other frequency as determined by BOEM) submit a certification of compliance with those terms and conditions of your GAP that BOEM identifies under 30 CFR 585.648(e)(1). Together with your certification, you must submit:

(1) Summary reports that show compliance with the terms and conditions which require certification; and

§ § 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?

(a) You must submit the following reports to BSEE before installing facilities described in your approved COP (§ 285.632(a)) and, when required by 30 CFR part 585, your SAP (§ 285.614(b)), or GAP (§ 285.651):

(1) A Facility Design Report; and

(2) A Fabrication and Installation Report.

(b) You may begin to fabricate and install the approved facilities after BSEE notifies you that it has received your reports and has no objections. If BSEE receives the reports, but does not respond with objections within 60 days of receipt, or 60 days after BOEM approves your SAP, COP, or GAP if you submitted your report with the plan, BSEE is deemed not to have objections to the reports, and you may commence fabrication and installation of your facility or facilities.

(c) If BSEE has any objections, we will notify you verbally or in writing within 60 days of receipt of the report. Following initial notification of objections, BSEE may follow-up with written correspondence outlining its specific objections to the report and request that certain actions be undertaken. You cannot commence activities addressed in such report until you resolve all objections to BSEE's satisfaction.

§ 285.701

What must I include in my Facility Design Report?

(a) Your Facility Design Report provides specific details of the design of any facilities, including cables and pipelines that are outlined in your BOEM-approved SAP, COP, or GAP. Your Facility Design Report must demonstrate that your design conforms to your responsibilities listed in § 285.105(a). You must include the following items in your Facility Design Report:

Required documents

Required contents

Other requirements

(1) Cover letter

(i) Proposed facility designations;

(ii) Lease, ROW grant or RUE grant number;

(iii) Area; name and block numbers; and

(iv) The type of facility

You must submit 1 paper copy and 1 electronic copy.

(2) Location plat

(i) Latitude and longitude coordinates, Universal Mercator grid-system coordinates, State plane coordinates in the Lambert or Transverse Mercator Projection System;

(ii) Distances in feet from the nearest block lines. These coordinates must be based on the NAD (North American Datum) 83 datum plane coordinate system; and

(iii) The location of any proposed project easement.

Your plat must be drawn to a scale of 1 inch equals 100 feet and include the coordinates of the lease, ROW grant, or RUE grant block boundary lines. You must submit 1 paper copy and 1 electronic copy.

(3) Front, Side, and Plan View drawings

(i) Facility dimensions and orientation;

(ii) Elevations relative to Mean Lower Low Water; and

(iii) Pile sizes and penetration.

Your drawing sizes must not exceed 11″ × 17″. You must submit 1 paper copy and 1 electronic copy.

(4) Complete set o

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