[Federal Register Volume 75, Number 227 (Friday, November 26, 2010)]
[Rules and Regulations]
[Pages 72679-72682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29761]


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DEPARTMENT OF THE INTERIOR

Bureau of Ocean Energy Management, Regulation and Enforcement

30 CFR Part 285

[Docket ID: BOEM-2010-0045]
RIN 1010-AD71


Renewable Energy Alternate Uses of Existing Facilities on the 
Outer Continental Shelf--Acquire a Lease Noncompetitively

AGENCY: Bureau of Ocean Energy Management, Regulation and Enforcement 
(BOEMRE), Interior.

ACTION: Direct Final rule.

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SUMMARY: BOEMRE is revising regulations that pertain to noncompetitive 
acquisition of an Outer Continental Shelf (OCS) renewable energy lease. 
We are taking this action because the current regulations covering 
noncompetitive leasing of an OCS renewable energy lease and an 
unsolicited request for an OCS renewable energy lease are inconsistent. 
This rulemaking will make the two processes consistent with each other 
by eliminating an extra step in the noncompetitive leasing process.

DATES: Effective Date: This rule becomes effective on January 25, 2011 
unless BOEMRE publishes a notice withdrawing this rule before that 
date.
    Comment Due Date: Submit comments on the direct final rule by 
December 27, 2010.

FOR FURTHER INFORMATION CONTACT: Timothy Redding at (703) 787-1219.

[[Page 72680]]


ADDRESSES: You may submit comments on the rulemaking by any of the 
following methods. Please use the Regulation Identifier Number (RIN) 
1010-AD71 as an identifier in your message. See also Public 
Availability of Comments under Procedural Matters.
    <bullet> Federal eRulemaking Portal:  http://www.regulations.gov. 
In the entry titled ``Enter Keyword or ID,'' enter BOEM-2010-0045, then 
click search. Follow the instructions to submit public comments and 
view supporting and related materials available for this rulemaking. 
BOEMRE will post all comments.
    <bullet> Mail or hand-carry comments to the Department of the 
Interior; Bureau of Ocean Energy Management, Regulation and 
Enforcement; Attention: Regulations and Standards Branch (RSB); 381 
Elden Street, MS-4024, Herndon, Virginia 20170-4817. Please reference 
``Acquire a Lease Noncompetitively, 1010-AD71'' in your comments and 
include your name and address.

SUPPLEMENTARY INFORMATION 

Background

    The regulations at 30 CFR part 285 cover renewable energy and 
alternative uses of existing facilities on the OCS. This direct final 
rule revises the regulations at Sec. Sec.  285.231 and 285.232. The 
regulations at Sec.  285.231 cover unsolicited requests for 
noncompetitive leases. The regulations at Sec.  285.232 cover 
acquisition of noncompetitive leases in response to a Request for 
Interest (RFI) or a Call for Information and Nomination (Call). The 
process outlined in these two sections is currently inconsistent now 
for awarding of noncompetitive leases.
    As currently written, Sec.  285.231 allows for the awarding of a 
noncompetitive lease after BOEMRE receives an unsolicited request for a 
noncompetitive lease, and after BOEMRE determines that there is no 
competitive interest after publishing a single notice of a request for 
interest relating to the unsolicited request for a noncompetitive 
lease. As currently written, Sec.  285.232 provides that if a 
respondent to an RFI or a Call submits an area of leasing interest to 
BOEMRE for which no other nominations are submitted, BOEMRE may offer a 
lease through a noncompetitive process. However, the process requires 
publication of a second RFI notice to confirm the absence of 
competition before proceeding with the noncompetitive process. We 
believe that this requirement for a second notice is unnecessarily 
redundant and at odds with the noncompetitive process prescribed for 
cases in which a party submits an unsolicited request for an OCS 
renewable energy lease, where BOEMRE is required to publish only a 
single notice.
    To remedy this inconsistency, BOEMRE is revising Sec.  
285.231(d)(1) to say that we will publish in the Federal Register a 
notice that there is no competitive interest. We will also revise Sec.  
285.232(c) to cite Sec.  285.231(d) through (i) instead of the current 
Sec.  285.231(b) through (i).
    This is a direct final rulemaking with request for comments. We 
have provided a 30-day comment period for this direct final rule. We 
believe that 30 days is sufficient time for comments because this 
rulemaking is noncontroversial, and the revision was recommended by the 
American Wind Energy Association, the Atlantic Offshore Wind Energy 
Consortium (established by the Secretary of the Interior), and 
individual coastal states. If we receive no significant adverse comment 
during the 30-day comment period, this rule will go into effect 30 days 
after the end of the comment period. However, if a significant adverse 
comment is received, BOEMRE will withdraw the rule by publishing a 
notice of withdrawal in the Federal Register within 30 days after the 
public comment period closes and will publish a notice of proposed 
rulemaking. A significant adverse comment is a comment where the 
commenter explains why the rule would be inappropriate, including 
challenges to the rule's underlying premise or approach or would be 
ineffective and unacceptable without a change.

Procedural Matters

Regulatory Planning and Review (Executive Order (E.O.) 12866)

    This rule is not a significant rule as determined by the Office of 
Management and Budget (OMB) and is not subject to review under E.O. 
12866.
    (1) This rule will not have an annual effect of $100 million or 
more on the economy. It will not adversely affect in a material way the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities.
    (2) This rule will not create a serious inconsistency or otherwise 
interfere with an action taken or planned by another agency. The rule 
is intended to eliminate unnecessary redundancy and inefficiency.
    (3) This rule will not alter the budgetary effects of entitlements, 
grants, user fees, or loan programs or the rights or obligations of 
their recipients.
    (4) This rule will not raise novel legal or policy issues arising 
out of legal mandates, the President's priorities, or the principles 
set forth in E.O. 12866.

Regulatory Flexibility Act

    The Department of the Interior certifies that this rule will not 
have a significant economic effect on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
The Department prepared a regulatory flexibility analysis for 30 CFR 
part 285, and concluded that the regulations will impact a substantial 
number of small entities but will not have a significant economic 
impact on the small entities in comparison to the impacts on large 
entities. That analysis was discussed in detail in the Notice of 
Proposed Rulemaking published in the Federal Register on July 9, 2008 
(73 FR 39376).
    The North American Industry Classification System (NAICS) code for 
the industries affected by this rule is 221119 (Other Electric Power 
Generation). The definition for this code is:

    <bullet> ``This U.S. industry comprises establishments primarily 
engaged in operating electric power generation facilities (except 
hydroelectric, fossil fuel, nuclear). These facilities convert other 
forms of energy, such as solar, wind, or tidal power, into 
electrical energy. The electric energy produced in these 
establishments is provided to electric power transmission systems or 
to electric power distribution systems.''

    It is possible that this rule could eventually affect entities that 
produce hydrogen and fall under NAICS Code 325120 (Industrial Gas 
Manufacturing). The definition for this code is:

    <bullet> ``This industry comprises establishments primarily 
engaged in manufacturing industrial organic and inorganic gases in 
compressed, liquid, or solid forms.''

    Given the original findings of the regulatory flexibility analysis 
done for 30 CFR part 285, as well as the minor adjustment to the 
renewable energy leasing process that is entailed, the revised rule 
will not have a significant effect on a substantial number of small 
entities.
    Your comments are important. The Small Business and Agriculture 
Regulatory Enforcement Ombudsman and 10 Regional Fairness Boards were 
established to receive comments from small businesses about Federal 
agency enforcement actions. The Ombudsman will annually evaluate the 
enforcement activities and rate each agency's responsiveness to small 
business. If you wish to comment on the actions of BOEMRE, call 1-888-
734-3247. You may comment to the Small Business

[[Page 72681]]

Administration without fear of retaliation. Allegations of 
discrimination/retaliation filed with the Small Business Administration 
will be investigated for appropriate action.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under the Small Business Regulatory 
Enforcement Fairness Act (5 U.S.C. 801 et seq.). This rule:
    a. Will not have an annual effect on the economy of $100 million or 
more.
    b. Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions.
    c. Will not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises. The 
requirements will apply indiscriminately to entities operating on the 
OCS to lease and develop renewable energy under 30 CFR part 285.

Unfunded Mandate Reform Act of 1995

    This rule will not impose an unfunded mandate on State, local, or 
tribal governments or the private sector of more than $100 million per 
year. The rule will not have a significant or unique effect on State, 
local, or tribal governments or the private sector. A statement 
containing the information required by the Unfunded Mandates Reform Act 
(2 U.S.C. 1501 et seq.) is not required.

Takings Implication Assessment (E.O. 12630)

    Under the criteria in E.O. 12630, this rule does not have 
significant takings implications. The rule is not a governmental action 
capable of interference with constitutionally protected property 
rights. A Takings Implication Assessment is not required.

Federalism (E.O. 13132)

    Under the criteria in E.O. 13132, this rule does not have 
federalism implications. This rule will not substantially and directly 
affect the relationship between the Federal and State governments. To 
the extent that State and local governments have a role in OCS 
activities, this rule will not affect that role. A Federalism 
Assessment is not required.

Civil Justice Reform (E.O. 12988)

    This rule complies with the requirements of E.O. 12988. 
Specifically, this rule:
    (a) Meets the criteria of section 3(a) requiring that all 
regulations be reviewed to eliminate errors and ambiguity and be 
written to minimize litigation; and
    (b) Meets the criteria of section 3(b)(2) requiring that all 
regulations be written in clear language and contain clear legal 
standards.

Consultation With Indian Tribes (E.O. 13175)

    Under the criteria in E.O. 13175, we have evaluated this rule and 
determined that it has no substantial effects on federally recognized 
Indian tribes.

Paperwork Reduction Act (PRA)

    This rulemaking contains no new reporting or recordkeeping 
requirements; therefore, an Office of Management and Budget (OMB) 
submission under the PRA (44 U.S.C. 3501 et seq.) is not required. The 
PRA provides that an agency may not conduct or sponsor a collection of 
information unless it displays a currently valid OMB control number. 
Until OMB approves a collection of information and assigns a control 
number, you are not required to respond. The revisions in this 
rulemaking refer to, but do not change, information collection 
requirements in 30 CFR part 285. The OMB approved the referenced 
information collection requirements under OMB Control Number 1010-0176 
(expiration 3/31/2013).

National Environmental Policy Act of 1969

    This rule does not constitute a major Federal action significantly 
affecting the quality of the human environment. BOEMRE has analyzed 
this rule under the criteria of the National Environmental Policy Act 
and 516 Departmental Manual 15. This rule meets the criteria set forth 
in 516 Departmental Manual 2 (Appendix 1.10) for a Departmental 
``Categorical Exclusion'' in that this proposed rule is ``* * * of an 
administrative, financial, legal, technical, or procedural nature and 
whose environmental effects are too broad, speculative, or conjectural 
to lend themselves to meaningful analysis * * * This rule also meets 
the criteria set forth in 516 Departmental Manual 15.4(C)(1) for a 
BOEMRE ``Categorical Exclusion'' in that its impacts are limited to 
administration, economic or technological effects. Further, BOEMRE has 
analyzed this rule to determine if it meets any of the extraordinary 
circumstances that would require an environmental assessment or an 
environmental impact statement as set forth in 516 Departmental Manual 
2.3, and Appendix 2. BOEMRE concluded that this rule does not meet any 
of the criteria for extraordinary circumstances as set forth in 516 
Departmental Manual 2 (Appendix 2).

Data Quality Act

    In developing this rule, BOEMRE did not conduct or use a study, 
experiment, or survey requiring peer review under the Data Quality Act 
(Pub. L. 106-554, app. C section 515, 114 Stat. 2763, 2763A-153-154).

Effects on the Energy Supply (E.O. 13211)

    This rule is not a significant energy action under the definition 
in E.O. 13211. A Statement of Energy Effects is not required.

Clarity of This Regulation

    We are required by E.O. 12866, E.O. 12988, and by the Presidential 
Memorandum of June 1, 1998, to write all rules in plain language. This 
means that each rule we publish must:
    (a) Be logically organized;
    (b) Use the active voice to address readers directly;
    (c) Use clear language rather than jargon;
    (d) Be divided into short sections and sentences; and
    (e) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in the ADDRESSES section. To 
better help us revise the rule, your comments should be as specific as 
possible. For example, you should tell us the numbers of the sections 
or paragraphs that you find unclear, which sections or sentences are 
too long, the sections where you feel lists or tables would be useful, 
etc.

Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

List of Subjects in 30 CFR Part 285

    Continental shelf, Environmental protection, Public lands.


[[Page 72682]]


    Dated: November 12, 2010.
Wilma A. Lewis,
Assistant Secretary for Land and Minerals Management.

0
For the reasons stated in the preamble, the Bureau of Ocean Energy 
Management, Regulation and Enforcement (BOEMRE) amends 30 CFR part 285 
as follows:

PART 285--RENEWABLE ENERGY ALTERNATE USES OF EXISTING FACILITIES ON 
THE OUTER CONTINENTAL SHELF

0
The authority citation for part 285 continues to read as follows:

    Authority: 43 U.S.C. 1331 et seq., 43 U.S.C. 1337.


0
In Sec.  285.231, revise the section heading and paragraph (d)(1) to 
read as follows:


Sec.  285.231  How will BOEMRE process my unsolicited request for a 
noncompetitive lease?

* * * * *
    (d) * * *
    (1) We will publish in the Federal Register a notice that there is 
no competitive interest; and
* * * * *

0
Amend Sec.  285.232 by revising paragraph (c) to read as follows:


Sec.  285.232  May I acquire a lease noncompetitively after responding 
to a Request for Interest or Call for Information and Nominations under 
Sec.  285.213?

* * * * *
    (c) After receiving the acquisition fee, BOEMRE will follow the 
process outlined in Sec.  285.231(d) through (i).

 [FR Doc. 2010-29761 Filed 11-23-10; 4:15 pm]
BILLING CODE 4310-MR-P