Federal Register / Vol. 79, No. 74 / Thursday, April 17, 2014 / Rules and Regulations 21617 

Executive Orders 12372 and 13132 

This rulemaking will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with Executive Order 13132, 

the Department has determined that this 

rulemaking does not have sufficient 

federalism implications to require 

consultations or warrant the preparation 

of a federalism summary impact 

statement. The regulations 

implementing Executive Order 12372 

regarding intergovernmental 

consultation on Federal programs and 

activities do not apply to this 

rulemaking. 

Executive Orders 12866 and 13563 

Executive Orders 12866 and 13563 

direct agencies to assess costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributed impacts, and equity). 

These executive orders stress the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This rule has been 

designated a ‘‘significant regulatory 

action,’’ although not economically 

significant, under section 3(f) of 

Executive Order 12866. Accordingly, 

this rule has been reviewed by the 

Office of Management and Budget 

(OMB). 

Executive Order 12988 

The Department of State reviewed this 

rulemaking in light of Executive Order 

12988 to eliminate ambiguity, minimize 

litigation, establish clear legal 

standards, and reduce burden. 

Executive Order 13175 

The Department of State determined 

that this rulemaking will not have tribal 

implications, will not impose 

substantial direct compliance costs on 

Indian tribal governments, and will not 

preempt tribal law. Accordingly, the 

requirements of Executive Order 13175 

do not apply to this rulemaking. 

Paperwork Reduction Act 

This rule does not impose any new 

reporting or recordkeeping requirements 

subject to the Paperwork Reduction Act, 

44 U.S.C. Chapter 35. 

List of Subjects in 22 CFR Part 126 

Arms and munitions, Exports. 

For the reasons set forth above, Title 

22, Chapter I, Subchapter M, part 126 is 

amended as follows: 

PART 126—GENERAL POLICIES AND 

PROVISIONS 

■ 1. The authority citation for part 126 

continues to read as follows: 

Authority: Secs. 2, 38, 40, 42, and 71, Pub. 

L. 90–629, 90 Stat. 744 (22 U.S.C. 2752, 2778, 

2780, 2791, and 2797); 22 U.S.C. 2651a; 22 

U.S.C. 287c; E.O. 12918, 59 FR 28205; 3 CFR, 

1994 Comp., p. 899; Sec. 1225, Pub. L. 108– 

375; Sec. 7089, Pub. L. 111–117; Pub. L. 111– 

266; Sections 7045 and 7046, Pub. L. 112–74; 

E.O. 13637, 78 FR 16129. 

■ 2. Section 126.1(u) is added to read as 

follows: 

§ 126.1 Prohibited exports, imports, and 

sales to or from certain countries. 

* * * * * 

(u) Central African Republic. It is the 

policy of the United States to deny 

licenses or other approvals for exports 

or imports of defense articles and 

defense services destined for or 

originating in the Central African 

Republic, except that a license or other 

approval may be issued, on a case-bycase basis, for: 

(1) Defense articles intended solely for 

the support of or use by the 

International Support Mission to the 

Central African Republic (MISCA); the 

UN Integrated Peacebuilding Office in 

the Central African Republic (BINUCA) 

and its guard unit, the African Union 

Regional Task Force (AU–RTF); and the 

French forces and European Union 

operation deployed in the Central 

African Republic; 

(2) Non-lethal military equipment, 

and related technical assistance and 

training, when intended solely for 

humanitarian and protective use, as 

approved in advance by the Committee 

of the Security Council concerning the 

Central African Republic; 

(3) Personal protective gear 

temporarily exported to the Central 

African Republic by United Nations 

personnel, representatives of the media, 

and humanitarian and developmental 

workers and associated personnel, for 

their personal use only; 

(4) Small arms and related equipment 

intended solely for use in international 

patrols providing security in the Sangha 

River Tri-national Protected Area to 

defend against poaching, smuggling of 

ivory and arms, and other activities 

contrary to the laws of the Central 

African Republic or its international 

legal obligations; 

(5) Arms and related lethal military 

equipment for Central African Republic 

security forces, intended solely for 

support of or use in security sector 

reform, as approved in advance by the 

Committee of the Security Council 

concerning the Central African 

Republic; or 

(6) Other sales or supply of arms and 

related materiel, or provision of 

assistance or personnel, as approved in 

advance by the Committee of the 

Security Council concerning the Central 

African Republic. 

* * * * * 

Rose E. Gottemoeller, 

Under Secretary, Arms Control and 

International Security, Department of State. 

[FR Doc. 2014–08781 Filed 4–16–14; 8:45 am] 

BILLING CODE 4710–25–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

Returns of Information of Brokers and 

Barter Exchanges; Furnishing 

Statement Required With Respect to 

Certain Substitute Payments 

CFR Correction 

In Title 26 of the Code of Federal 

Regulations, Part 1 (§ 1.151 to end of 

part 1), revised as of April 1, 2013, on 

page 258, § 1.6045–1T is removed, and 

on page 263, § 1.6045–2T is removed. 

[FR Doc. 2014–08935 Filed 4–16–14; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF THE INTERIOR 

Bureau of Ocean Energy Management 

30 CFR parts 585 and 590 

[Docket ID: BOEM–2012–0077] 

RIN 1010–AD77 

MMAA104000; Timing Requirements 

for the Submission of a Site 

Assessment Plan (SAP) or General 

Activities Plan (GAP) for a Renewable 

Energy Project on the Outer 

Continental Shelf (OCS) 

AGENCY: Bureau of Ocean Energy 

Management (BOEM), Interior. 

ACTION: Final rule. 

SUMMARY: This rule amends the timing 

requirements for submitting a SAP or 

GAP. Under the rule, all OCS renewable 

energy leases and grants will have a 

preliminary term of 12 months in which 

a lessee or grantee must submit a SAP 

or a GAP. BOEM is taking this action 

because the current regulations provide 

timing requirements for submission of 


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21618 Federal Register / Vol. 79, No. 74 / Thursday, April 17, 2014 / Rules and Regulations 

SAPs and GAPs that have proven to be 

impractical. In addition, this rule 

amends various other regulatory 

provisions, such as those pertaining to 

a lessee’s first rent payment. 

DATES: This final rule is effective May 

19, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Golladay, BOEM Office of 

Renewable Energy, at 

Jennifer.Golladay@boem.gov or 703– 

787–1688. 

SUPPLEMENTARY INFORMATION: This rule 

increases efficiency and reduces the 

burden of regulations, since it extends 

the timeframes for lessees and operators 

to submit plans and makes it possible 

for a Right of Use and Easement (RUE) 

to be issued while a GAP is still 

pending. BOEM published a proposed 

rule soliciting comments in the Federal 

Register on February 25, 2013 (78 FR 

12676). 

Executive Summary 

Current BOEM regulations require a 

lessee to submit a SAP or a GAP, and 

a grantee to submit a GAP, within six 

months of lease or grant issuance in 

cases where the lease or grant is issued 

following completion of a competitive 

bidding process. In cases where a lease 

or grant is issued on a noncompetitive 

basis, the regulations require the 

requestor to submit a SAP or GAP 

within 60 days after BOEM makes and 

publishes a ‘‘Determination of No 

Competitive Interest.’’ In 

communications with prospective OCS 

renewable energy lessees and grantees 

that took place after the current 

regulations were issued, BOEM learned 

that these timeframes—especially the 

60-day requirement—are too short, and 

that most developers intend to request 

departures from the regulatory 

requirements pertaining to the timing of 

SAP and GAP submissions. In part, this 

is because site characterization activities 

necessary to support the submission of 

a SAP or GAP are significantly affected 

and controlled by seasonal weather 

conditions. This rule addresses the 

difficulties associated with the current 

timing requirements by lengthening the 

timeframe for submission of SAPs and 

GAPs to 12 months following lease/

grant issuance for both competitivelyissued and noncompetitively-issued 

leases and grants. 

This rule makes various 

administrative corrections and 

clarifications to BOEM’s renewable 

energy regulations. 

Summary of Changes 

30 CFR Part 585 

This rule amends the timing 

requirements for submitting a SAP or 

GAP pursuant to the regulations 

governing renewable energy and 

alternate uses of existing facilities on 

the OCS in 30 CFR part 585. Under the 

rule, all OCS renewable energy leases 

and grants would have a preliminary 

term of 12 months in which the lessee 

or grantee must submit a SAP or a GAP. 

BOEM is proposing these changes 

because the current regulations specify 

timing requirements for submission of 

SAPs and GAPs that have proven to be 

impractical. This rule addresses the 

difficulties associated with the current 

timing requirements by lengthening the 

timeframe for submission of SAPs and 

GAPs to 12 months following lease/

grant issuance in all cases for both 

competitively-issued and 

noncompetitively-issued leases and 

grants. 

Changes Made Between Proposed and 

Final Rule 

In the proposed rule, BOEM proposed 

to add definitions of the terms ‘‘CZMA 

State’’ and ‘‘State CZMA Agency’’ to the 

regulations. This was intended to enable 

BOEM to clarify which regulatory 

provisions apply to states with rights 

and responsibilities under the Coastal 

Zone Management Act, as opposed to 

the states that fall under the general 

definition of ‘‘Affected State’’ under the 

Outer Continental Shelf Lands Act 

(OCSLA). However, the definition of 

‘‘Affected State’’ in BOEM’s renewable 

energy regulations is different from the 

definition in OCSLA, and ‘‘Affected 

State’’ is not used in the regulations 

describing the CZMA compliance 

process (e.g., 30 CFR 585.612, 628, and 

647). After receiving comments and 

considering the potential changes 

further, BOEM decided against adding 

the new definitions, since the proposed 

additions would likely have caused 

confusion and redundancy rather than 

clarity. The current regulations at 30 

CFR part 585 include a definition of 

‘‘affected state’’ that fully addresses the 

needs of BOEM’s renewable energy 

program. Therefore, BOEM will 

continue to use the term ‘‘affected state’’ 

in the following sections: 30 CFR 

585.102, 585.112, 585.203, 585.211, 

585.231, 585.238, 585.306, and 585.902 

to implement this decision. 

In addition to the changes to the 

proposed rule which are discussed in 

the section ‘‘Response to Comments 

Matrix and Other Preamble Text,’’ the 

following clarifying edits and/or 

technical corrections have been made to 

the current regulations: 

• 30 CFR 585.112—BOEM made 

minor changes that expand the 

definition of ‘‘you and your’’ to include 

designated agents of all entities listed, 

and corrected a minor grammatical error 

in this definition. 

• 30 CFR 585.203—BOEM made a 

small grammatical edit to the last 

sentence. 

• 30 CFR 585.211—BOEM made a 

small grammatical edit and a small 

wording change to the first sentence in 

(c). 

• 30 CFR 585.224—BOEM edited this 

provision to ensure consistency with 30 

CFR 585.503 regarding a lessee’s first 

rent payment, and made a small 

grammatical edit. 

• 30 CFR 585.231—BOEM made 

small changes and some grammatical 

edits in (d), (e), and (f), and changed the 

number of months of rent owed in (g)(2). 

• 30 CFR 585.235—BOEM made 

small wording changes in (a)(1), (a)(3), 

and (a)(4), clarified the language about 

the start of the operations term in the 

event a SAP/Construction and 

Operations Plan (COP) is submitted in 

(a)(3), and moved text from the second 

to third column in (a)(4). 

• 30 CFR 585.236—BOEM 

reformatted the table slightly. 

• 30 CFR 585.303—BOEM edited (a) 

to make a small grammatical change and 

mirror the title of the provision in the 

regulatory text, and added clarifying 

language in (b). 

• 30 CFR 585.500, 503, and 505— 

BOEM coordinated with the Department 

of the Interior’s Office of Natural 

Resources Revenue (ONRR) and 

determined that certain citations to the 

ONRR regulations in the proposed rule 

were incorrect. Accordingly, sections 

500(a) & (b), 503 (a)(1) and 505(b) were 

revised. In addition, edits were made to 

ensure consistency with requirements in 

other regulatory provisions and to 

effectively communicate to lessees how 

to make first-year rent payments. BOEM 

also made a small grammatical edit in 

30 CFR 585.500. 

• 30 CFR 585.611—BOEM edited this 

provision to align the language with 

BOEM’s standard for determining if 

previous environmental analyses 

adequately cover the proposed activities 

for environmental review purposes by, 

for example, replacing ‘‘substantially 

inconsistent’’ with ‘‘significantly 

different.’’ Additionally, BOEM made 

small grammatical edits and eliminated 

the passive voice. 

• 30 CFR 585.612—In this section, 

and in all other sections where the term 

‘‘State CZM agency’’ was used, BOEM 

replaced this term with a new reference 


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Federal Register / Vol. 79, No. 74 / Thursday, April 17, 2014 / Rules and Regulations 21619 

to ‘‘applicable State CZMA agency or 

agencies,’’ consistent with the approach 

used in new text included in 30 CFR 

585.306 and 231. BOEM also changed 

the wording in the first row of the table. 

• 30 CFR 585.627—BOEM edited (a) 

to eliminate the references to 

competitive and noncompetitive leasing 

and make small grammatical changes, 

and corrected statutory and regulatory 

references in (b). 

• 30 CFR 585.628—BOEM edited (c) 

to: (1) Provide consistent terminology 

(‘‘applicable State CZMA agency or 

agencies’’) and, (2) clarify that the 

developer is responsible for providing 

this set of information to the applicable 

State CZMA agency or agencies in the 

event that the COP is submitted to 

BOEM prior to lease issuance, pursuant 

to 15 CFR part 930, subpart D. 

• 30 CFR 585.646—BOEM made 

small changes to (a) of this provision to 

ensure that the text mirrors the language 

in 30 CFR 585.611 and to eliminate the 

passive voice. BOEM edited (b) to align 

the language with BOEM’s standard for 

determining if previous environmental 

analyses adequately cover the proposed 

activities for environmental review 

purposes by, for example, replacing 

‘‘substantially inconsistent’’ with 

‘‘significantly different,’’ to remove an 

unnecessary reference to CZMA, to 

make small grammatical changes, and to 

eliminate the passive voice. 

• 30 CFR 585.647—BOEM changed 

some of the wording to align with the 

new text included in 30 CFR 585.306 

and 231, (‘‘applicable State CZMA 

agency or agencies’’), to fix an incorrect 

regulatory citation, and to change the 

wording in the first row of the table. 

Finally, BOEM made certain other 

changes to the regulatory text included 

in the proposed rule based on comments 

received, as described below in the 

Response to Comments Matrix. 

Legal Authority 

The authority for this rulemaking is 

the broad rulemaking provision of the 

OCSLA, as set forth in 43 U.S.C. 

1334(a), that authorizes the Secretary of 

the Interior to prescribe and amend such 

rules and regulations as may be 

necessary to administer a leasing 

program, or necessary and proper in 

order to provide for the prevention of 

waste and conservation of natural 

resources of the OCS. 

Section 8(p)(8) of OCSLA (43 U.S.C. 

1337(p)(8)) provides authority for the 

portion of this rulemaking dealing with 

the production, transportation, or 

transmission of energy from sources 

other than oil and gas, and alternate 

uses of the OCS, which authorizes the 

Secretary to issue any necessary 

regulations to carry out subsection 8(p) 

of OCSLA. 

Response to Comments Matrix and 

Other Preamble Text 

BOEM published a proposed rule 

entitled, ‘‘Timing Requirements for the 

Submission of a Site Assessment Plan 

(SAP) or a General Activities Plan (GAP) 

for a Renewable Energy Project on the 

Outer Continental Shelf (OCS)’’ in the 

Federal Register on February 25, 2013, 

with a 30-day request for comments 

period. 

BOEM received nine comment letters 

from interested stakeholders, and 

carefully considered them prior to 

finalizing the rulemaking. Generally, 

commenters were supportive of 

extending the timing requirements for 

developers to submit SAPs and GAPs. 

Some comments suggested edits to the 

text of the rulemaking, requested 

clarifications as to the applicability of 

the rulemaking, and/or raised questions 

about the necessity of the rulemaking. 

Responses to those comments are 

contained in the table below. 

Comment received BOEM response 

BOEM should revise the definition of the term ‘‘CZMA State’’ by cross 

referencing the National Oceanic and Atmospheric Administration’s 

Office of Ocean and Coastal Resource Management’s Federal consistency rules.

BOEM has decided against adding the new term ‘‘CZMA State’’ in this 

rulemaking. 

BOEM should not require that a developer submitting an unsolicited request for a lease or grant include in the request a consistency certification and associated necessary data and information pursuant to 

CZMA regulations at 15 CFR part 930 subpart D.

BOEM has made this requested change and accordingly will not add 

this requirement to 30 CFR 585.230 or 585.305. These developers 

are now required to submit a consistency certification and the associated necessary data and information under CZMA only after BOEM 

has determined that there is no competitive interest in the proposed 

project. 

The proposed rule should address cable-related easements early at the 

lease sale or SAP or GAP stage, rather than later as part of a COP.

BOEM did not make this requested change. The agency believes that 

it would be premature to consider and analyze cable locations until 

commercial wind lessees have conducted necessary surveys and 

lessees are able to consider the layout of their commercial projects 

when making siting decisions about transmission cables. 

BOEM should edit 30 CFR 585.102 to bring it into conformity with 30 

CFR 585.203, such that the first sentence of 30 CFR 585.102(e) 

uses ‘‘and’’ instead of ‘‘or.’’ 

BOEM made this requested change. 

The new proposed 30 CFR 585.612(b) should refer to 15 CFR part 930 

instead of 15 CFR part 93.

BOEM made this requested change. 

To avoid confusion, BOEM should clarify that BOEM regulations (see 

30 CFR 585.231 and 585.306) regarding the applicable CZMA consistency review process do not apply to pending lease applications 

for which BOEM has issued a determination of no competitive interest prior to this rule’s effective date.

BOEM will address any such confusion with the appropriate parties on 

a project-by-project basis. 

Please provide more detail on the number of SAPs and GAPs that 

have been filed, the bureau’s use of this information, the actions 

taken against any companies that have filed plans late, and any requests to change these filing deadlines.

At the time that this proposed rulemaking was published, BOEM had 

only received one such plan. However, after receiving (1) informal 

feedback on these timing requirements from industry and (2) requests to depart from these timing requirements pursuant to 30 CFR 

585.103, BOEM came to the conclusion that the existing timing requirements were impractical. The comments received in response to 

the proposed rulemaking were generally supportive of extending the 

required timelines for plan submission. 


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21620 Federal Register / Vol. 79, No. 74 / Thursday, April 17, 2014 / Rules and Regulations 

Procedural Matters 

Regulatory Planning and Review 

(Executive Orders 12866 and 13563) 

Executive Order 12866 provides that 

the Office of Information and Regulatory 

Affairs (OIRA) will review all significant 

rules. The Office of Information and 

Regulatory Affairs has determined that 

this rule is not significant. 

Executive Order 13563 reaffirms the 

principles of E.O. 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. E.O. 13563 emphasizes 

further that regulations must be based 

on the best available science and that 

the rulemaking process must allow for 

public participation and an open 

exchange of ideas. BOEM has developed 

this rule in a manner consistent with 

these requirements. 

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. 

For the most part, this rule makes 

administrative corrections and 

clarifications to the existing regulations. 

Other changes consist of the 

reorganization of selected renewable 

energy regulations. 

Because this rule makes only minor 

alterations and changes to requirements 

for leasing, compliance, or enforcement 

from those set forth in existing 

regulations, no costs are estimated for 

this rulemaking. 

(1) This rule will not have an annual 

effect of $100 million or more on the 

economy. It would 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. 

(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.). This rulemaking will 

affect large and small entities through 

the clarification of the existing 

regulatory requirements under the 

reorganized regulations of part 585. 

Your comments are important. The 

Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and ten 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 

BOEM, call 1–888–734–3247. You may 

comment to the Small Business 

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 apply to all entities 

operating to develop renewable 

resources on the OCS. 

Unfunded Mandates Reform Act of 1995 

This rule does not impose an 

unfunded mandate on state, local, or 

tribal governments, or the private sector, 

of more than $100 million per year. This 

rule does 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 will not have significant takings 

implications. This rule will not be 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 will not have federalism 

implications. This rule will not 

substantially 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, 

BOEM has evaluated this rule and 

determined that it will have no 

substantial effects on federally 

recognized Indian tribes. 

Paperwork Reduction Act (PRA) of 1995 

This rule does not contain new 

information collection requirements, 

and a submission under the PRA is not 

required. Therefore, an information 

collection request is not being submitted 

to the Office of Management and Budget 

(OMB) for review and approval under 

44 U.S.C. 3501 et seq. The rule refers to, 

but does not change, the information 

collection requirements in 30 CFR 585. 

The OMB has approved the referenced 

information collection under OMB 

Control Number 1010–0176 (30,902 

hours and $3,816,000 non-hour cost 

burden). 

National Environmental Policy Act of 

1969 

This rule does not constitute a major 

Federal action significantly affecting the 

quality of the human environment. 

BOEM evaluated this rule under the 

criteria of the National Environmental 

Policy Act, 43 CFR Part 46 and 516 

Departmental Manual 15. The issuance 

of this rule is categorically excluded 

from NEPA review because it meets the 

criteria set forth in 43 CFR 46.210(i) in 

that this rule is ‘‘. . . of an 


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Federal Register / Vol. 79, No. 74 / Thursday, April 17, 2014 / Rules and Regulations 21621 

administrative, financial, legal, 

technical, or procedural nature . . .’’ 

Furthermore, we have evaluated this 

rule to determine if it involves any of 

the extraordinary circumstances that 

would require an environmental 

assessment or an environmental impact 

statement as set forth in 43 CFR 46.215. 

We 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, we did not 

conduct or use a study, experiment, or 

survey requiring peer review under the 

Data Quality Act (Pub. L. 106–554, app. 

C sec. 515, 114 Stat. 2763, 2763A–153– 

154). 

Effects of the Nation’s 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 such 

lists or tables would be helpful. 

If you feel that we have not met these 

requirements, send your comments to 

Mr. Loren Thompson, Regulatory 

Liaison Officer, Office of Policy, 

Regulations and Analysis, Bureau of 

Ocean Energy Management, U.S. 

Department of the Interior, 1849 C St. 

NW., Washington, DC 20240 or to 

Loren.Thompson@boem.gov. 

List of Subjects 

30 CFR Part 585 

Assessment plans, Coastal zone, 

Continental shelf, Electric power, 

Energy, Environmental impact 

statements, Environmental protection, 

Incorporation by reference, Offshore 

energy, Marine resources, Natural 

resources, Planning, Public lands, 

Public lands—rights-of-way, Renewable 

energy, Reporting and recordkeeping 

requirements, Revenue sharing, Solar 

energy, Wind energy. 

30 CFR Part 590 

Administrative practice and 

procedure, Appeals, Payments. 

Dated: April 7, 2014. 

Tommy P. Beaudreau, 

Principal Deputy Assistant Secretary, Land 

and Minerals Management. 

For the reason stated in the preamble, 

the Bureau of Ocean Energy 

Management amends 30 CFR chapter V 

as follows: 

PART 585—RENEWABLE ENERGY 

AND ALTERNATE USES OF EXISTING 

FACILITIES ON THE OUTER 

CONTINENTAL SHELF 

■ 1. The authority citation for part 585 

continues to read as follows: 

Authority: 43 U.S.C. 1331 et seq.; 43 

U.S.C. 1337. 

■ 2. Amend § 585.102 by revising 

paragraph (e) to read as follows: 

§ 585.102 What are BOEM’s 

responsibilities under this part? 

* * * * * 

(e) BOEM will provide for 

coordination and consultation with the 

Governor of any State, the executive of 

any local government, and the executive 

of any Indian Tribe that may be affected 

by a lease, easement, or ROW under this 

subsection. BOEM may invite any 

affected State Governor, representative 

of an affected Indian Tribe, and affected 

local government executive to join in 

establishing a task force or other joint 

planning or coordination agreement in 

carrying out our responsibilities under 

this part. 

■ 3. Amend § 585.112 by revising the 

definition of ‘‘You and your’’ to read as 

follows: 

§ 585.112 Definitions. 

* * * * * 

You and your means an applicant, 

lessee, the operator, or designated 

operator, ROW grant holder, RUE grant 

holder, or Alternate Use RUE grant 

holder under this part, or the designated 

agent of any of these, or the possessive 

of each, depending on the context. The 

terms You and your also include 

contractors and subcontractors of the 

entities specified in the preceding 

sentence. 

* * * * * 

■ 4. Revise § 585.203 to read as follows: 

§ 585.203 With whom will BOEM consult 

before issuance of a lease? 

For leases issued under this part, 

through either the competitive or 

noncompetitive process, BOEM, prior to 

issuing the lease, will coordinate and 

consult with relevant Federal agencies 

(including, in particular, those agencies 

involved in planning activities that are 

undertaken to avoid or minimize 

conflicts among users and maximize the 

economic and ecological benefits of the 

OCS, including multifaceted spatial 

planning efforts), the Governor of any 

affected State, the executive of any 

affected local government, and any 

affected Indian Tribe, as directed by 

subsections 8(p)(4) and (7) of the OCS 

Lands Act or other relevant Federal 

laws. Federal statutes that require 

BOEM to consult with interested parties 

or Federal agencies or to respond to 

findings of those agencies, including the 

Endangered Species Act (ESA) and the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(MSA). BOEM also engages in 

consultation with state and tribal 

historic preservation officers pursuant 

to the National Historic Preservation Act 

(NHPA). 

■ 5. Amend § 585.211 by revising 

paragraph (c) to read as follows: 

§ 585.211 What is the process for the 

competitive issuance of leases? 

* * * * * 

(c) Proposed Sale Notice. BOEM will 

publish the Proposed Sale Notice in the 

Federal Register and send it to the 

Governor of any affected State, any 

Indian Tribe that might be affected, and 

the executive of any local government 

that might be affected. The comment 

period following issuance of a Proposed 

Sale Notice will be 60 days. 

* * * * * 

■ 6. Amend § 585.212 by revising 

paragraph (a) to read as follows: 

§ 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? 

* * * * * 

(a) If, after reviewing comments in 

response to the notice of Request for 

Interest, BOEM determines that there is 

no competitive interest in the lease area, 

and one party wishes to acquire a lease, 

we will discontinue the competitive 

process and will proceed with the 

noncompetitive process set forth in 

§ 585.231(d) through (i) following 

receipt of the acquisition fee specified 

in § 585.502(a). 

* * * * * 

■ 7. Amend § 585.224 by revising 

paragraph (b) to read as follows: 

§ 585.224 What happens if BOEM accepts 

my bid? 

* * * * * 

(b) Within 45 days after you receive 

the lease copies, you must pay the first 


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12-months’ rent as required in 

§ 585.503. 

* * * * * 

■ 8. Amend § 585.231 by revising 

paragraphs (d), (e), (f), and (g)(2) to read 

as follows: 

§ 585.231 How will BOEM process my 

unsolicited request for a noncompetitive 

lease? 

* * * * * 

(d) If BOEM determines that there is 

no competitive interest in a lease, we 

will publish in the Federal Register a 

notice of Determination of No 

Competitive Interest. After BOEM 

publishes this notice, you will be 

responsible for submitting any required 

consistency certification and necessary 

data and information pursuant to 15 

CFR part 930, subpart D to the 

applicable State CZMA agency or 

agencies and BOEM. 

(e) BOEM will coordinate and consult 

with affected Federal agencies, State, 

and local governments, and affected 

Indian tribes in the review of 

noncompetitive lease requests. 

(f) After completing the review of 

your lease request, BOEM may offer you 

a noncompetitive lease. 

(g) * * * 

(2) Within 45 days after you receive 

the lease copies, you must pay the first 

12-months’ rent, as required in 

§ 585.503. 

* * * * * 

■ 9. Amend § 585.235 by revising 

paragraph (a) to read as follows: 

§ 585.235 If I have a commercial lease, 

how long will my lease remain in effect? 

(a) For commercial leases, the lease 

terms and applicable automatic 

extensions are as shown in the 

following table: 

Lease term Automatic extensions Requirements 

(1) Each commercial lease will have a 

preliminary term of 12 months, within 

which the lessee must submit: (i) a 

SAP; or (ii) a combined SAP and 

Construction and Operations Plan 

(COP). The preliminary term begins 

on the effective date of the lease.

If BOEM receives a SAP that satisfies the requirements of 

§§ 585.605 through 585.613 or a SAP/COP that satisfies 

the requirements of §§ 585.605 through 585.613 and 

§§ 585.620 through 585.629, the preliminary term will be 

extended for the time necessary for us to conduct technical and environmental reviews of the SAP or SAP/COP.

The SAP must meet the requirements 

of §§ 585.605 through 585.613. The 

SAP/COP must meet the requirements of §§ 585.605 through 585.613 

and §§ 585.620 through 585.629. 

(2) A commercial lease will have a site 

assessment term of five years to conduct site assessment activities and to 

submit a COP, if a SAP/COP has not 

been submitted. Your site assessment 

term begins when BOEM approves 

your SAP or SAP/COP.

If we receive a COP that satisfies the requirements of 

§§ 585.620 through 585.629, the site assessment term 

will be automatically extended for the period of time necessary for us to conduct technical and environmental reviews of the COP.

The COP must meet the requirements 

of §§ 585.620 through 585.629 of this 

part. 

(3) A commercial lease will have an operations term of 25 years, unless a 

longer term is negotiated by the parties. A request for lease renewal must 

be submitted two years before the 

end of the operations term. If you submit a COP, your operations term begins on the date that BOEM approves 

the COP. If you submit a SAP/COP, 

your operations term begins on the 

earliest of the following dates: five 

years after BOEM approves the SAP/

COP; when fabrication begins; or, 

when installation commences.

........................................................................................... The lease renewal request must meet 

the requirements in §§ 585.425 

through 585.429. 

(4) A commercial lease may have additional time added to the operations 

term through a lease renewal. The 

term of the lease renewal will not exceed the original term of the lease, 

unless a longer term is negotiated by 

the parties. The lease renewal term 

begins upon expiration of the original 

operations term.

........................................................................................... NOTE: BOEM may also order or grant 

a suspension of the operations term, 

as provided in §§ 585.415 through 

585.421 thereby effectively extending 

the term of the lease. 

* * * * * 

■ 10. Amend § 585.236 by revising 

paragraph (a) to read as follows: 

§ 585.236 If I have a limited lease, how 

long will my lease remain in effect? 

(a) For limited leases, the lease terms 

are as shown in the following table: 

Lease term Extension or suspension Requirements 

(1) Each limited lease has a preliminary 

term of 12 months to submit a GAP. 

The preliminary term begins on the effective date of the lease.

If we receive a GAP that satisfies the requirements of 

§§ 585.640 through 585.648 of this part, the preliminary 

term will be automatically extended for the period of time 

necessary for us to conduct a technical and environmental review of the plans.

The GAP must meet the requirements 

of §§ 585.640 through 585.648. 


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Lease term Extension or suspension Requirements 

(2) Each limited lease has an operations 

term of five years for conducting site 

assessment, technology testing, or 

other activities. The operations term 

begins on the date that we approve 

your GAP.

We may order or grant a suspension of the operations term 

as provided in §§ 585.415 through 585.421.

* * * * * 

■ 11. Revise § 585.303 to read as 

follows: 

§ 585.303 How long will my ROW grant or 

RUE grant remain in effect? 

(a) Each ROW or RUE grant will have 

a preliminary term of 12 months from 

the date of issuance of the ROW or RUE 

grant within which to submit a GAP. 

The preliminary term begins on the 

effective date of the grant. You must 

submit a GAP no later than the end of 

the preliminary term for your grant to 

remain in effect. However, you may 

submit a GAP prior to the issuance of 

your ROW or RUE grant. 

(b) Except as described in paragraph 

(a) of this section, your ROW grant or 

RUE grant will remain in effect for as 

long as the associated activities are 

properly maintained and used for the 

purpose for which the grant was made, 

unless otherwise expressly stated in the 

grant. 

■ 12. Amend § 585.306 by revising 

paragraph (b) and by removing 

paragraph (c). 

The revision reads as follows: 

§ 585.306 What action will BOEM take on 

my request? 

* * * * * 

(b) If BOEM determines that there is 

no competitive interest in a ROW grant 

or RUE grant, we will publish a notice 

in the Federal Register of such 

determination. After BOEM publishes 

this notice, you will be responsible for 

submitting any required consistency 

certification and necessary data and 

information pursuant to 15 CFR part 

930, subpart D to the applicable State 

CZMA agency or agencies and BOEM. 

We will establish terms and conditions 

for the grant in consultation with you. 

■ 13. Amend § 585.309 by revising the 

introductory text to read as follows: 

§ 585.309 When will BOEM issue a 

noncompetitive ROW grant or RUE grant? 

After completing the review of your 

grant request, BOEM may offer you a 

noncompetitive grant. 

* * * * * 

■ 14. Amend § 585.500 by revising 

paragraphs (a) and (b) to read as follows: 

§ 585.500 How do I make payments under 

this part? 

(a) For acquisition fees or the initial 

12-months’ rent paid for the preliminary 

term of your lease, you must make your 

electronic payments through the Fees 

for Services page on the BOEM Web site 

at http://www.boem.gov, and you must 

include one copy of the Pay.gov 

confirmation receipt page with your 

unsolicited request. 

(b) For all other required rent 

payments and for operating fee 

payments, you must make your 

payments as required in 30 CFR 

1218.51. 

* * * * * 

■ 15. Amend § 585.503 by revising 

paragraph (a)(1) to read as follows: 

§ 585.503 What are the rent and operating 

fee requirements for a commercial lease? 

(a) * * * 

(1) You must pay ONRR the initial 12- 

months’ rent 45 days after you receive 

the lease copies from BOEM in 

accordance with the requirements 

provided in § 585.500(a). 

* * * * * 

■ 16. Amend § 585.505 by revising 

paragraph (b) to read as follows: 

§ 585.505 What are the rent and operating 

fee requirements for a limited lease? 

* * * * * 

(b) You must pay ONRR the initial 12- 

months’ rent 45 days after you receive 

the lease copies from BOEM in 

accordance with the requirements 

provided in § 585.500(a). 

* * * * * 

■ 17. Amend § 585.601 by: 

■ a. Revising the introductory text and 

paragraph (a); 

■ b. Removing paragraph (b); 

■ c. Re-designating paragraphs (c) and 

(d) as paragraphs (b) and (c). 

The revisions read as follows: 

§ 585.601 When am I required to submit 

my plans to BOEM? 

You must submit your plans as 

follows: 

(a) You may submit your SAP or GAP 

prior to lease or grant issuance, but must 

submit your SAP or your GAP no later 

than 12 months from the date of lease 

or grant issuance. 

* * * * * 

■ 18. Revise § 585.611 to read as 

follows: 

§ 585.611 What information and 

certifications must I submit with my SAP to 

assist BOEM in complying with NEPA and 

other relevant laws? 

You must submit, with your SAP, 

detailed information to assist BOEM in 

complying with NEPA and other 

relevant laws as appropriate. 

(a) A SAP submitted for an area in 

which BOEM has not previously 

reviewed site assessment activities 

under NEPA or other applicable Federal 

laws, must describe those resources, 

conditions, and activities listed in the 

following table that could be affected by 

your proposed activities or that could 

affect the activities proposed in your 

SAP. 

(b) For a SAP submitted for an area in 

which BOEM has previously considered 

site assessment activities under 

applicable Federal law (e.g., a NEPA 

analysis and CZMA consistency 

determination for site assessment 

activities), BOEM will review the SAP 

to determine if its impacts are consistent 

with those previously considered. If the 

anticipated effects of your proposed 

SAP activities are significantly different 

than those previously anticipated, we 

may determine that additional NEPA 

and other relevant Federal reviews are 

required. In that case, BOEM will notify 

you of such determination, and you 

must submit a SAP that describes those 

resources, conditions, and activities 

listed in the following table that could 

be affected by your proposed activities 

or that could affect the activities 

proposed in your SAP, including: 

Type of information: Including: 

(1) Hazard information .................... Meteorology, oceanography, sediment transport, geology, and shallow geological or manmade hazards. 

(2) Water quality ............................. Turbidity and total suspended solids from construction. 


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Type of information: Including: 

(3) Biological resources .................. Benthic communities, marine mammals, sea turtles, coastal and marine birds, fish and shellfish, plankton, 

sea grasses, and other plant life. 

(4) Threatened or endangered species.As required by the Endangered Species Act (ESA) of 1973 (16 U.S.C. 1531 et seq.). 

(5) Sensitive biological resources or 

habitats.

Essential fish habitat, refuges, preserves, special management areas identified in coastal management 

programs, sanctuaries, rookeries, hard bottom habitat, chemosynthetic communities, calving grounds, 

barrier islands, beaches, dunes, and wetlands. 

(6) Archaeological resources .......... As required by the NHPA (16 U.S.C. 470 et seq.), as amended. 

(7) Social and economic conditions Employment, existing offshore and coastal infrastructure (including major sources of supplies, services, energy, and water), land use, subsistence resources and harvest practices, recreation, recreational and 

commercial fishing (including typical fishing seasons, location, and type), minority and lower income 

groups, coastal zone management programs, and viewshed. 

(8) Coastal and marine uses .......... Military activities, vessel traffic, and energy and nonenergy mineral exploration or development. 

(9) Consistency Certification ........... If required by CZMA, as appropriate: (i) 15 CFR part 930, subpart D, if the SAP is submitted prior to lease 

issuance; (ii) 15 CFR part 930, subpart E, if the SAP is submitted after lease issuance. 

(10) Other resources, conditions, 

and activities.

As identified by BOEM. 

■ 19. Revise § 585.612 to read as 

follows: 

§ 585.612 How will my SAP be processed 

for Federal consistency under theCoastal 

Zone Management Act? 

Your SAP will be processed based on 

whether it is submitted before or after 

your lease is issued: 

If your SAP is submitted: Consistency review of your SAP will be handled as follows: 

(a) Before lease issuance ............... You will furnish a copy of your SAP, consistency certification, and necessary data and information pursuant to 15 CFR part 930, subpart D, to the applicable State CZMA agency or agencies and BOEM at the 

same time. 

(b) After lease issuance .................. You will submit a copy of your SAP, consistency certification, and necessary data and information pursuant 

to 15 CFR part 930, subpart E to BOEM. BOEM will forward to the applicable State CZMA agency or 

agencies one paper copy and one electronic copy of your SAP, consistency certification, and necessary 

data and information required under 15 CFR part 930, subpart E, after BOEM has determined that all information requirements for the SAP are met. 

■ 20. Amend § 585.627 by revising 

paragraphs (a) and (b) to read as follows: 

§ 585.627 What information and 

certifications must I submit with my COP to 

assist the BOEM in complying with NEPA 

and other relevant laws? 

(a) You must submit with your COP 

detailed information to assist BOEM in 

complying with NEPA and other 

relevant laws. Your COP must describe 

those resources, conditions, and 

activities listed in the following table 

that could be affected by your proposed 

activities, or that could affect the 

activities proposed in your COP, 

including: 

Type of information: Including: 

(1) Hazard information .................... Meteorology, oceanography, sediment transport, geology, and shallow geological or manmade hazards. 

(2) Water quality ............................. Turbidity and total suspended solids from construction. 

(3) Biological resources .................. Benthic communities, marine mammals, sea turtles, coastal and marine birds, fish and shellfish, plankton, 

seagrasses, and plant life. 

(4) Threatened or endangered species.As defined by the ESA (16 U.S.C. 1531 et seq.). 

(5) Sensitive biological resources or 

habitats.

Essential fish habitat, refuges, preserves, special management areas identified in coastal management 

programs, sanctuaries, rookeries, hard bottom habitat, chemosynthetic communities, calving grounds, 

barrier islands, beaches, dunes, and wetlands. 

(6) Archaeological resources .......... As required by the NHPA (16 U.S.C. 470 et seq.), as amended. 

(7) Social and economic resources Employment, existing offshore and coastal infrastructure (including major sources of supplies, services, energy, and water), land use, subsistence resources and harvest practices, recreation, recreational and 

commercial fishing (including typical fishing seasons, location, and type), minority and lower income 

groups, coastal zone management programs, and viewshed. 

(8) Coastal and marine uses .......... Military activities, vessel traffic, and energy and nonenergy mineral exploration or development. 

(9) Consistency Certification ........... As required by the CZMA regulations: 

(i) 15 CFR part 930, subpart D, if your COP is submitted before lease issuance. 

(ii) 15 CFR part 930, subpart E, if your COP is submitted after lease issuance. 

(10) Other resources, conditions, 

and activities.

As identified by BOEM. 


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(b) You must submit one paper copy 

and one electronic copy of your 

consistency certification. Your 

consistency certification must include: 

(1) One copy of your consistency 

certification under either subsection 

307(c)(3)(B) of the CZMA (16 U.S.C. 

1456(c)(3)(B)) and 15 CFR 930.76 or 

subsection 307(c)(3)(A) of the CZMA (16 

U.S.C. 1456(c)(3)(A)) and 15 CFR 

930.57, stating that the proposed 

activities described in detail in your 

plans comply with the State(s) approved 

coastal management program(s) and will 

be conducted in a manner that is 

consistent with such program(s); and 

(2) ‘‘Necessary data and information,’’ 

as required by 15 CFR 930.58. 

* * * * * 

■ 21. Amend § 585.628 by revising 

paragraph (c) to read as follows: 

§ 585.628 How will BOEM process my 

COP? 

* * * * * 

(c) If your COP is submitted after lease 

issuance, BOEM will forward one copy 

of your COP, consistency certification, 

and associated data and information 

under the CZMA to the applicable State 

CZMA agency or agencies after all 

information requirements for the COP 

are met. 

* * * * * 

■ 22. Amend § 585.640 by revising 

paragraph (b) to read as follows: 

§ 585.640 What is a General Activities Plan 

(GAP)? 

* * * * * 

(b) You must receive BOEM approval 

of your GAP before you can begin any 

of the approved activities on your lease 

or grant. You must submit your GAP no 

later than 12 months from the date of 

the lease or grant issuance. 

■ 23. Revise § 585.646 to read as 

follows: 

§ 585.646 What information and 

certifications must I submit with my GAP to 

assist BOEM in complying with NEPA and 

other relevant laws? 

You must submit, with your GAP, 

detailed information to assist BOEM in 

complying with NEPA and other 

relevant laws as appropriate. 

(a) A GAP submitted for an area in 

which BOEM has not reviewed GAP 

activities under NEPA or other 

applicable Federal laws must describe 

those resources, conditions, and 

activities listed in the following table 

that could be affected by your proposed 

activities or that could affect the 

activities proposed in your GAP. 

(b) For a GAP submitted for an area 

in which BOEM has considered GAP 

activities under applicable Federal law 

(e.g., a NEPA analysis and CZMA 

consistency determination for the GAP 

activities), BOEM will review the GAP 

to determine if its impacts are consistent 

with those previously considered. If the 

anticipated effects of your proposed 

GAP activities are significantly different 

than those previously anticipated, we 

may determine that additional NEPA 

and other relevant Federal reviews are 

required. In that case, BOEM will notify 

you of such determination, and you 

must submit a GAP that describes those 

resources, conditions, and activities 

listed in the following table that could 

be affected by your proposed activities 

or that could affect the activities 

proposed in your GAP, including: 

Type of information: Including: 

(1) Hazard information .................... Meteorology, oceanography, sediment transport, geology, and shallow geological or manmade hazards. 

(2) Water quality ............................. Turbidity and total suspended solids from construction. 

(3) Biological resources .................. Benthic communities, marine mammals, sea turtles, coastal and marine birds, fish and shellfish, plankton, 

sea grasses, and other plant life. 

(4) Threatened or endangered species.As required by the ESA (16 U.S.C. 1531 et seq.). 

(5) Sensitive biological resources or 

habitats.

Essential fish habitat, refuges, preserves, special management areas identified in coastal management 

programs, sanctuaries, rookeries, hard bottom habitat, chemosynthetic communities, calving grounds, 

barrier islands, beaches, dunes, and wetlands. 

(6) Archaeological resources .......... As required by NHPA (16 U.S.C. 470 et seq.), as amended. 

(7) Social and economic conditions Employment, existing offshore and coastal infrastructure (including major sources of supplies, services, energy, and water), land use, subsistence resources and harvest practices, recreation, recreational and 

commercial fishing (including typical fishing seasons, location, and type), minority and lower income 

groups, coastal zone management programs, and viewshed. 

(8) Coastal and marine uses .......... Military activities, vessel traffic, and energy and non-energy mineral exploration or development. 

(9) Consistency Certification ........... If required by CZMA, as appropriate: (A) 15 CFR part 930, subpart D, if the GAP is submitted prior to 

lease or grant issuance; (B) 15 CFR part 930, subpart E, if the GAP is submitted after lease or grant 

issuance. 

(10) Other resources, conditions, 

and activities.

As required by BOEM. 

■ 24. Revise § 585.647 to read as 

follows: 

§ 585.647 How will my GAP be processed 

for Federal consistency under the Coastal 

Zone Management Act? 

Your GAP will be processed based on 

whether it is submitted before or after 

your lease or grant is issued: 

If your GAP is submitted: Consistency review of your GAP will be handled as follows: 

(a) Before lease or grant issuance You will furnish a copy of your GAP, consistency certification, and necessary data and information pursuant to 15 CFR part 930, subpart D, to the applicable State CZMA agency or agencies and BOEM at the 

same time. 


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If your GAP is submitted: Consistency review of your GAP will be handled as follows: 

(b) After lease or grant issuance .... You will submit a copy of your GAP, consistency certification, and necessary data and information pursuant to 15 CFR 930, subpart E to BOEM. BOEM will forward to the applicable State CZMA agency or 

agencies one paper copy and one electronic copy of your GAP, consistency certification, and necessary 

data and information required under 15 CFR part 930, subpart E, after BOEM has determined that all information requirements for the GAP are met. 

PART 590—APPEAL PROCEDURES 

■ 25. The authority citation for part 590 

is revised to read as follows: 

Authority: 5 U.S.C. 301 et seq.; 31 U.S.C. 

9701; 43 U.S.C. 1334. 

■ 26. Amend § 590.4 by revising 

paragraph (b)(1) to read as follows: 

§ 590.4 How do I file an appeal? 

* * * * * 

(b) * * * 

(1) You must pay electronically 

through the Fees for Services page on 

the BOEM Web site at http://

www.boem.gov, and you must include a 

copy of the Pay.gov confirmation receipt 

page with your Notice of Appeal. 

* * * * * 

[FR Doc. 2014–08488 Filed 4–16–14; 8:45 am] 

BILLING CODE 4320–MR–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket Number USCG–2014–0248] 

Drawbridge Operation Regulation; 

Upper Mississippi River, Rock Island, 

IL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of deviation from 

drawbridge regulation. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the Rock Island 

Railroad and Highway Drawbridge 

across the Upper Mississippi River, mile 

482.9, at Rock Island, Illinois. The 

deviation is necessary to allow the 

participants of the Quad City Marathon 

to cross the bridge. This deviation 

allows the bridge to be maintained in 

the closed-to-navigation position for 

four hours. 

DATES: This deviation is effective from 

7:30 a.m. to 11:30 a.m., September 28, 

2014. 

ADDRESSES: The docket for this 

deviation, [USCG–2014–0248] is 

available at http://www.regulations.gov. 

Type the docket number in the 

‘‘SEARCH’’ box and click ‘‘SEARCH.’’ 

Click on Open Docket Folder on the line 

associated with this deviation. You may 

also visit the Docket Management 

Facility in Room W12–140 on the 

ground floor of the Department of 

Transportation West Building, 1200 

New Jersey Avenue SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

deviation, call or email Eric A. 

Washburn, Bridge Administrator, 

Western Rivers, Coast Guard; telephone 

314–269–2378, email Eric.Washburn@

uscg.mil. If you have questions on 

viewing the docket, call Cheryl F. 

Collins, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: The U.S. 

Army Rock Island Arsenal requested a 

temporary deviation for the Rock Island 

Railroad and Highway Drawbridge, 

across the Upper Mississippi River, mile 

482.9, at Rock Island, Illinois to remain 

in the closed-to-navigation position for 

a four hour period from 7:30 a.m. to 

11:30 a.m., September 28, 2014, while 

the Quad City Marathon is held between 

the cities of Davenport, IA and Rock 

Island, IL. 

The Rock Island Railroad and 

Highway Drawbridge currently operates 

in accordance with 33 CFR 117.5, which 

states the general requirement that 

drawbridges shall open promptly and 

fully for the passage of vessels when a 

request to open is given in accordance 

with the subpart. 

There are no alternate routes for 

vessels transiting this section of the 

Upper Mississippi River. 

The Rock Island Railroad and 

Highway Drawbridge, in the closed-tonavigation position, provides a vertical 

clearance of 23.8 feet above normal 

pool. Navigation on the waterway 

consists primarily of commercial tows 

and recreational watercraft. This 

temporary deviation has been 

coordinated with waterway users. No 

objections were received. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the effective period of this 

temporary deviation. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 

Dated: April 4, 2014. 

Eric A. Washburn, 

Bridge Administrator, Western Rivers. 

[FR Doc. 2014–08783 Filed 4–16–14; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2013–0926] 

RIN 1625–AA09 

Drawbridge Operation Regulation; New 

Jersey Intracoastal Waterway (NJICW), 

Barnegat Bay, Seaside Heights, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

temporarily modifying the operating 

schedule that governs the S37 Bridge, at 

NJICW mile 14.1 over Barnegat Bay, at 

Seaside Heights, NJ. Over the span of 

two and half years, the bridge will be 

closed to navigation for three fourmonth closure periods. Extensive 

replacement of parts and repairs to the 

bridge necessitate these closures. 

DATES: This temporary final rule is 

effective from 8 a.m., on December 1, 

2015 to 8 p.m., March 31, 2018. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket USCG– 

2013–0926. To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type the docket 

number in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rulemaking. You may also visit the 

Docket Management Facility in Room 

W12–140 on the ground floor of the 

Department of Transportation West 

Building, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or email Mr. Jim Rousseau, 


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