# Reorganization of Title 30-Renewable Energy and Alternate Uses of Existing Facilities on the Outer Continental Shelf > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A2023-00871 ## Record - **Collection:** Federal Register - **Document type:** Rule - **Published:** January 31, 2023 - **Citation:** 88 FR 6376 ## Text 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. 1 Specifically, the 2005 Act amended OCSLA to add a new subsection 8(p). 2 Under subsection 8(p), the Secretary has the authority to issue leases, easements, and ROWs for activities that produce, or that support the production, transportation, or transmission of, energy from sources other than oil and gas. The 2005 Act also allows the Secretary to authorize the use of existing OCS facilities for energy- and marine-related activities. The Secretary is required to award any lease, ROW, or RUE competitively unless the Secretary determines, after public notice, that competitive interest does not exist. 3 The Secretary also has authority to issue regulations to implement OCSLA section 8(p). 4 1 Public Law 109-58, 119 Stat. 594. 2 OCSLA is codified at 43 U.S.C. 1331 et seq. Subsection 8(p) of OCSLA is codified at 43 U.S.C. 1337(p). 3 43 U.S.C. 1337(p)(3). 4 Id. 1337(p)(8). 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. 5 5 Minerals Management Service Reorganization: Special Hearing Before the Subcomm. on Dept. of the Interior, Environment & Related Agencies of the S. Comm. On Appropriations, S. Hrg. 111-1035, at 12 (2010) (statement of Ken Salazar, Sec'y of the Interior). Pursuant to section 3 of Secretary's Order 3299, Amendment No. 2, BOEM “exercise[s] the conventional ( e.g., oil and gas) and renewable energy-related management functions of the [MMS] not otherwise transferred pursuant to this Order including, but not limited to, activities involving resource evaluation, planning, and leasing.” 6 Under section 4 of Secretary's Order 3299, Amendment No. 2, BSEE exercises “safety and environmental enforcement functions,” including “the authority to inspect, investigate, summon witnesses and produce evidence, levy penalties, cancel or suspend activities, and oversee safety, response, and removal preparedness.” 7 Under section 5 of Secretary's Order 3299, Amendment 2, ONRR exercises the royalty and revenue management functions of the former MMS, including “royalty and revenue collection, distribution, auditing and compliance, investigation and enforcement, and asset management for both onshore and offshore activities.” 8 6 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. 7 Id. 8 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].” 9 On October 18, 2011, in connection with the reorganization of the former MMS into BOEM and BSEE and the associated redistribution of the existing regulations at 30 CFR Chapter II, the offshore renewable energy regulations previously located in part 285 were assigned to BOEM and recodified in a newly created 30 CFR part 585. 10 9 Id. This arrangement was noted in the final rule reorganizing and reassigning the former MMS regulations between BOEM and BSEE in October 2011. “At this time, the renewable energy program will be managed under BOEM. At a later date, the renewable energy program will be reorganized and a determination will be made regarding what functions will be administered by which agency.” Reorganization of Title 30, 76 FR 64432, 64434 Table A (Oct. 18, 2011) (, discussion of then-current part 285). 10 76 FR 64432 (Oct. 18, 2011). C. Need for Rulemaking In September 2013, the DOI OIG issued a report supporting the policy of independent regulatory oversight and enforcement in the renewable energy program and recommending implementation of that policy through a transfer of those responsibilities from BOEM to BSEE. 11 The OIG noted that “allowing the bureau responsible for planning and leasing renewable energy projects [ i.e., BOEM] to also formulate the policies for inspection and enforcement is contrary to the independent oversight and separation of duties envisioned in [Secretary's Order 3299] as originally issued.” 12 11 Office of Inspector Gen., Dep't of Interior, U.S. Department of the Interior's Offshore Renewable Energy Program 9 (2013) (Report No. CR-EV-BOEM-0001-2013). 12 Id. In December 2020, pursuant to Secretary's Order 3299, Amendment 2, section 4, the Principal Deputy Assistant Secretary for Land and Minerals Management, acting with the authority of the Assistant Secretary for Land and Minerals Management, determined that OCS renewable energy activities have “reached the threshold envisioned by SO 3299, as amended.” The Secretary has since executed the necessary redelegation of authorities through the Departmental Manual. 13 This rulemaking reassigns certain regulations from BOEM to BSEE consistent with the authorities identified in the Departmental Manual, and to further Secretary's Order 3299 Amendment 2 and the Assistant Secretary's direction to “transfer . . . the safety and environmental oversight and compliance functions, including inspection and enforcement, for the Department's Offshore Renewable Energy Program from BOEM to BSEE.” 13 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. 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). 14 14 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] 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 reassigns existing regulations governing safety and environmental oversight and enforcement of OCS renewable energy activities from BOEM to BSEE. This rulemaking is neither substantive nor controversial because it merely reorganizes provisions in the Code of Federal Regulations and, therefore, does not affect the legal rights, obligations, and interests of any interested parties. This rule implements Secretary's Order 3299— which reflects the Secretary's prudent and considered policy judgment that independent oversight and enforcement is in the national interest to best address the organizational concerns highlighted by the Deepwater Horizon incident— and revisions made to the Departmental Manual implementing that direction. Specifically, this rule transfers existing safety and environmental oversight and enforcement regulations governing OCS renewable energy activities from 30 CFR part 585, under BOEM's purview, to 30 CFR part 285, under BSEE's purview. This reorganization parallels the bureaus' oversight of oil and gas activities. This transfer includes a reassignment of authority to: oversee facility design, fabrication, installation, and safety management systems; ensure the safety of operations, including inspection programs and incident reporting and investigations; enforce compliance with all applicable safety, environmental, and other laws and regulations through enforcement actions (such as noncompliance notices, cessation orders, and lease suspensions); and oversee decommissioning activities. This rule also moves certain sections pertaining to Alternate Use RUEs from 30 CFR part 585 to a new 30 CFR part 586. This rule is a “rule[ ] of agency organization, procedure, or practice,” 5 U.S.C. 553(b)(A), because it implements the Department's reassignment of responsibility for administering existing regulatory provisions from BOEM to BSEE. This rule reorganizes current regulations to be consistent with Departmental delegations without making substantive changes to those regulations or modifying substantive rights or interests. Nor does the rule impose new rights or duties or change the legal status of regulated parties. No statute requires notice or hearing for this rule. Therefore, this rule is exempt from notice-and-comment rulemaking requirements under 5 U.S.C. 553(b)(A). Additionally, for the same reasons, the Department finds for good cause shown that notice and comment on this rule are unnecessary and contrary to the public interest under 5 U.S.C. 553(b)(B). Further, because this rule makes no changes to the legal obligations or rights of nongovernmental entities, the relevant responsibilities have already been delegated to BSEE, and it is in the public interest for the regulations to reflect that delegation to provide clarity, the Department further finds that good cause exists to make this rule effective upon publication in the Federal Register per 5 U.S.C. 553(d)(3). B. Executive Orders 1. Executive Order 12630—Takings Implication Assessment Under the criteria in Executive Order 12630 section 2(a)(2), this final rule does not have takings implications because it simply reassigns current safety and environmental oversight and enforcement regulations to BSEE from BOEM. This rulemaking is not a Federal action capable of interference with constitutionally protected private property rights. A takings implications assessment is not required. 2. Executive Order 12866—Regulatory Planning and Review, and Executive Order 13563—Improving Regulation and Regulatory Review Executive Order 12866 provides that the Office of Information and Regulatory Affairs in OMB will review all significant rules. The Office of Information and Regulatory Affairs has determined that this rule is not significant. This rule only reassigns current safety and environmental oversight and enforcement regulations from BOEM to BSEE. This rule does not change the substance of existing regulatory requirements. Executive Order 13563 reaffirms the principles of Executive Order 12866 while calling for improvements in the nation's regulatory system to promote predictability, to reduce uncertainty, and to use the best, most innovative, and least burdensome tools for achieving regulatory ends. The executive order directs agencies to consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public where these approaches are relevant, feasible, and consistent with regulatory objectives. We have developed this rule in a manner consistent with these requirements. 3. Executive Order 12988—Civil Justice Reform This rule complies with the requirements of Executive Order 12988. Specifically, this rule meets the criteria of both section 3(a), which requires that all regulations be reviewed to minimize litigation and to eliminate errors and ambiguity, and section 3(b)(2), which requires that all regulations be written clearly and contain clear legal standards. This rule simply reassigns current safety and environmental oversight and enforcement regulations from BOEM to BSEE. This rule does not change the substance of existing regulatory requirements; it retains the substance of the existing part 585, which was promulgated through notice and comment rulemaking. 4. Executive Order 13132—Federalism This rule only transfers current safety and environmental oversight and enforcement regulations from BOEM to BSEE. This rule does not change the substance of existing regulatory requirements. This rule, therefore, does not have substantial direct effects on either the States or the relationship between the Federal and State governments, nor does it affect the distribution of power and 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; (c) Follow up, in writing, any oral request or notification you made, within 3 business days; (d) Comply with the terms, conditions, and provisions of all reports and notices submitted to BSEE, and of all plans, revisions, and other approvals, as provided in this part and in 30 CFR parts 585 and 586; (e) Make all applicable payments on time; (f) Comply with the DOI's nonprocurement debarment regulations at 2 CFR part 1400; (g) Include the requirement to comply with 2 CFR part 1400 in all contracts and transactions related to a lease or grant under this part; (h) Conduct all activities authorized by the lease or grant in a manner consistent with the provisions of subsection 8(p) of the OCS Lands Act; (i) Compile, retain, and make available to BSEE representatives, within the time specified by BSEE, any data and information related to the site assessment, design, and operations of your project; and (j) Respond to requests from the Director in a timely manner. § § 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 unde [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2023-00871. Public record. Not legal advice.