G/TBT/N/USA/1965  
14 February 2023  
(23-1065) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  UNITED STATES OF AMERICA  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:   
Bureau of Ocean Energy Management (BOEM), Department of Interior (DOI) [1997]  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the  notification shall be indicated if different from above:   
Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [X], 2.10.1 [  ], 5.6.2 [X], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Renewable 
energy regulations; Quality (ICS code(s): 03.120); Environmental protection (ICS 
code(s): 13.020); Wind turbine energy systems (ICS code(s): 27.180)  
5. Title, number of pages and language(s) of the notified document:  Renewable 
Energy Modernization Rule; (85 page(s), in English)  
6. Description of content:  Notice of proposed rulemaking - The first Outer Continental 
Shelf (OCS) renewable energy regulations were promulgated in 2009 by BOEM's 
predecessor, the Minerals Management Service (MMS). BOEM's renewable energy 
program has matured over the past 13 years,  during which time BOEM conducted eleven 
auctions and issued and managed 27 active commercial leases. Based on this experience, 
the Department has identified opportunities to modernize its regulations to facilitate the 
development of offshore wind energy r esources to meet U.S. climate and renewable 
energy objectives. This proposed rule contains reforms identified by the Department and 
recommended by industry since 2010, including proposals for incremental funding of 
decommissioning accounts; more flexible g eophysical and geotechnical survey 
submission requirements; streamlined approval of meteorological (met) buoys; revised 
project verification procedures; reform of BOEM's renewable energy auction process; and 
greater clarity regarding safety requirements. T his proposed rule would advance the 
Department of the Interior's (DOI) energy policies in a safe and environmentally sound 
manner that would provide a fair return to the U.S. taxpayer.  
7. Objective and rationale, including the nature of urgent problems wh ere 
applicable:  Protection of human health or safety; Protection of the environment; Quality 
requirements  G/TBT/N/USA/1965  
 
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  8. Relevant documents:   
88 Federal Register (FR) 5968, 13 February 2023; Title 30 Code of Federal Regulations 
(CFR) Part 585:  
https://www.govinfo.gov/content/pkg/FR -2023-01-30/html/2023 -00668.htm  
https://www.govin fo.gov/content/pkg/FR -2023-01-30/pdf/2023 -00668.pdf  
This notice of proposed rulemaking is identified by Docket Number BOEM -2023-0005. The 
Docket Folder is available on Regulations.gov at 
https://www.regulations.gov/docket/BOEM -2023-0005/document  and provides access to 
primary and supporting documents as well as comments received. Documents are also 
accessible from Regulations.gov  by searchi ng the Docket Number. WTO Members and 
their stakeholders are asked to submit comments to the USA TBT Enquiry Point . 
Comments received by the USA TBT Enquiry Point from WTO Members and their 
stakeholders by 4pm Eastern Time  on 31 March 2023 will be shared with the regulator 
and will also be submitted to the Docket  on Regulations.gov if received within the 
comment period.  
Renewable Energy Modernization Rule; Proposed Rule Correction clarifying that the 
proposed rule's Docket Number is BOEM -2023-0005, published 6 February 2023:  
https://www.govinfo.gov/content/pkg/FR -2023-02-06/html/2023 -02398.htm  
https://www.govinfo.gov/content/pkg/FR -2023-02-06/pdf/2023 -02398.pdf  
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  31 March 2023  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
https://members.wto.org/crnattachments/2023/TBT/USA/23_1076_00_e.pdf