68460 Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Rules and Regulations 

1See 43 CFR 46.205. 

2See 43 CFR 46.215. 

DEPARTMENT OF THE INTERIOR 

Bureau of Ocean Energy Management 

30 CFR Part 585 

[Docket No: BOEM–2023–0035] 

RIN 1010–AE20 

Conformity With the Inflation 

Reduction Act for Renewable Energy 

on the Outer Continental Shelf 

AGENCY: Bureau of Ocean Energy 

Management (BOEM), Department of the 

Interior. 

ACTION: Direct final rule. 

SUMMARY: The Bureau of Ocean Energy 

Management (BOEM) is amending its 

renewable energy regulations to update 

the definition of Outer Continental Shelf 

and add the definition of State in 

conformity with the Inflation Reduction 

Act. 

DATES: This direct final rule is effective 

on December 4, 2023 without further 

notice, unless BOEM receives adverse 

comments by November 3, 2023. If 

BOEM receives adverse comment that 

leads it to conclude that the rule is 

controversial, BOEM will publish a 

timely withdrawal in the Federal 

Register informing the public that the 

rule will not take effect. 

ADDRESSES: You may send comments 

regarding the substance of this rule, 

identified by docket number BOEM– 

2023–0035 and regulation identifier 

number (RIN) 1010–AE20, using any of 

the following methods: 

• Federal Rulemaking Portal: https:// 

www.regulations.gov. Search for BOEM– 

2023–0035. Follow the instructions to 

submit public comments and view 

supporting and related materials 

available for this rulemaking. 

• U.S. Postal Service or other mail 

delivery service: Address comments to 

Office of Regulations, Bureau of Ocean 

Energy Management, Department of the 

Interior, Attention: Peter Meffert, 45600 

Woodland Road, Mailstop: DIR–BOEM, 

Sterling, VA 20166. All comments 

received by BOEM will be reviewed and 

may be posted to https://

www.regulations.gov, including any 

personal information provided with the 

submission. 

FOR FURTHER INFORMATION CONTACT: 

Peter Meffert, Office of Regulations, 

BOEM, at (703) 787–1620 or 

peter.meffert@boem.gov; or Karen 

Thundiyil, Chief, Office of Regulations, 

BOEM, at (202) 742–0970 or 

karen.thundiyil@boem.gov. 

SUPPLEMENTARY INFORMATION: 

I. Legal Authority 

OCSLA authorizes the Secretary of the 

Interior (the Secretary) to regulate 

certain activities on the OCS of the 

United States. Under section 8(p)(1)(C) 

of OCSLA, BOEM, acting on behalf of 

the Secretary, may grant a lease, right of 

use and easement (RUE), or right of way 

(ROW) to support the development of 

renewable energy projects on the OCS. 

The IRA amendments to OCSLA 

authorize BOEM to issue such leases, 

RUEs, and ROWs in support of 

renewable energy activities offshore 

U.S. territories. 

II. Background and Purpose 

The Inflation Reduction Act (IRA) 

Public Law 117–169, amended the 

definition of ‘‘Outer Continental Shelf 

(OCS)’’ in the Outer Continental Shelf 

Lands Act (OCSLA) to include 

submerged lands within the exclusive 

economic zone (EEZ) adjacent to all U.S. 

territories. The IRA also amended 

OCSLA by adding a definition of 

‘‘State’’ to include each of the several 50 

States of the Union, the Commonwealth 

of Puerto Rico, Guam, American Samoa, 

U.S. Virgin Islands, and the 

Commonwealth of the Northern Mariana 

Islands. In a subsection entitled, 

‘‘Offshore Wind for the Territories,’’ the 

IRA also imposed several deadlines for 

wind energy leasing offshore the U.S. 

territories. Inflation Reduction Act, 

Public Law 117–169, section 

50251(b)(2), 136 Stat. 1818, 2054–55 

(2022). In section 50251(b))(2), the IRA 

directs the Secretary to issue an initial 

call for information and nominations no 

later than September 30, 2025, and 

authorizes the Secretary to conduct 

wind energy lease sales within the EEZs 

of the five self-governing U.S. territories 

in areas deemed feasible and of 

sufficient interest, after the Secretary 

has consulted with the territorial 

governor. 

To satisfy these new OCSLA 

requirements, BOEM is incorporating 

the revised definitions of ‘‘outer 

Continental Shelf’’ and ‘‘State’’ into its 

existing regulations governing offshore 

wind energy leasing. See 30 CFR 

585.113 (Definitions). These 

amendments will simply conform 

BOEM’s pre-IRA regulations governing 

offshore wind energy leasing to 

Congress’ command to initiate the 

regulatory process for wind leasing 

offshore certain territories by a date 

certain. The Department of the Interior 

is publishing this rule as a direct final 

rule without prior notice and public 

procedure because it views this action 

as an administrative, noncontroversial 

action and anticipates no adverse 

comment. This direct final rule does not 

change any other provisions of BOEM’s 

regulations related to the issuance of 

leases, RUEs, ROWs, or the approval of 

plans to support the development of 

renewable energy activities on the OCS. 

Thus, the Department for good cause 

finds that notice and public procedure 

are unnecessary here. 

III. Procedural Requirements 

A. Statutes 

1. National Environmental Policy Act 

This direct final rule does not 

constitute a major Federal action 

significantly affecting the quality of the 

human environment. A detailed 

statement under the National 

Environmental Policy Act (NEPA, 42 

U.S.C. 4321 et seq.) is not required 

because, as a regulation of an 

administrative nature, this rule is 

covered by a categorical exclusion.1

This rule meets the criteria for a 

categorical exclusion because the 

proposed activities fall within the 

bounds of 43 CFR 46.210(i), which 

address regulatory functions ‘‘that are of 

an administrative, financial, legal, 

technical, or procedural nature; or 

whose environmental effects are too 

broad, speculative, or conjectural to 

lend themselves to meaningful analysis 

and will later be subject to the NEPA 

process, either collectively or case-bycase.’’ See also 516 DM 15.4.C(1). This 

rule does not authorize any activities, it 

is fundamentally administrative and 

technical, and it does not have the 

potential to cause significant individual 

or cumulative effects on the quality of 

the human environment. No activities 

on the OCS (e.g., site characterization 

and site assessment activities) are 

expected to occur until leases are 

issued. BOEM will draft and publish an 

environmental analysis document prior 

to issuance of any lease. 

Finally, BOEM has determined that 

this direct final rule would not involve 

any of the extraordinary circumstances 

listed in 43 CFR 46.215 that require 

further analysis under NEPA.2

2. Data Quality Act 

In developing this direct final rule, 

BOEM 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). 

3. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA, 

5 U.S.C. 601 et seq.) requires an agency 


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Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Rules and Regulations 68461 

to prepare a regulatory flexibility 

analysis for all rules unless the agency 

certifies that the rule will not have a 

significant economic impact on a 

substantial number of small entities. 

The RFA applies only to rules for which 

an agency is required to first publish a 

proposed rule. See 5 U.S.C. 603(a) and 

604(a). Because this rule simply 

conforms BOEM’s regulations to the 

updated version of OCSLA, the RFA 

does not apply. 

4. Paperwork Reduction Act 

This direct final rule does not contain 

information collection requirements, 

and, therefore, a submission to OMB 

under the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.) is not required. We 

may not conduct or sponsor, and you 

are not required to respond to, a 

collection of information unless it 

displays a currently valid OMB control 

number. 

5. Unfunded Mandates Reform Act 

This direct final rule does not impose 

an unfunded mandate on State, local, or 

Tribal governments, or on the private 

sector, of more than $100 million per 

year. The rule does not have a 

significant or unique effect on State, 

local, or Tribal governments, or on the 

private sector. Therefore, a statement 

containing the information required by 

the Unfunded Mandates Reform Act (2 

U.S.C. 1531 et seq.) is not required. 

6. Congressional Review Act 

This action is subject to the CRA, 5 

U.S.C. 801 et seq. BOEM will submit a 

rule report to each chamber of Congress 

and to the Comptroller General of the 

United States. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2) because 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; and 

(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. 

B. Executive Orders (E.O.) 

1. Governmental Actions and 

Interference With Constitutionally 

Protected Property Rights (E.O. 12630) 

This direct final rule would have no 

implications for any constitutionally 

protected private property rights and 

would not interfere with any other 

procedures or undertakings of the 

Federal Government. 

2. Takings Implication Assessment (E.O. 

12630) 

This direct final rule does not effect 

a taking of private property or otherwise 

have takings implications under E.O. 

12630. Therefore, a takings implication 

assessment is not required. 

3. Regulatory Planning and Review (E.O. 

12866); as Amended by Executive Order 

14094, Modernizing Regulatory Review, 

and Executive Order 13563, Improving 

Regulation and Regulatory Review 

Executive Order 12866, as amended 

by Executive Order 14094, provides that 

the Office of Information and Regulatory 

Affairs (OIRA) in the Office of 

Management and Budget (OMB) will 

review all significant rules. OIRA has 

determined that this direct final rule is 

not a significant regulatory action, and 

therefore, it was not submitted to OMB 

for review. 

Executive Order 13563 reaffirms the 

principles of Executive Order 12866, as 

amended by Executive Order 14094, 

while calling for improvements in the 

Nation’s regulatory system to promote 

predictability and reduce uncertainty 

and to use the best, most innovative, 

and least burdensome tools for 

achieving regulatory ends. Executive 

Order 13563 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. BOEM has developed this 

rule in a manner consistent with these 

requirements. 

4. Civil Justice Reform (E.O. 12988) 

This direct final rule complies with 

the requirements of E.O. 12988. 

Specifically, this rule meets the criteria 

of: 

(a) Section 3(a), which requires that 

all regulations be reviewed to eliminate 

errors and ambiguity and be written to 

minimize litigation; and 

(b) Section 3(b)(2), which requires 

that all regulations be written in clear 

language and contain clear legal 

standards. 

5. Federalism (E.O. 13132) 

Under the criteria in section one of 

E.O. 13132, this direct final rule does 

not have sufficient federalism 

implications to warrant the preparation 

of a federalism summary impact 

statement. This rule merely conforms 

the terms in 30 CFR part 585 with those 

in OCSLA. Therefore, a federalism 

summary impact statement is not 

required. 

6. Consultation and Coordination With 

Indian Tribal Governments (E.O. 13175 

and Departmental Policy) 

Executive Order 13175 defines 

‘‘policies that have tribal implications’’ 

as regulations, legislative comments, 

proposed legislation, and other policy 

statements or actions that have 

substantial direct effects on one or more 

Indian Tribes, or on the relationship 

between the Federal Government and 

one or more Indian Tribes. 

We have evaluated this direct final 

rule under E.O. 13175 and Department 

of the Interior consultation policies and 

have determined that this direct final 

rule would not have implications for 

any federally recognized Indian Tribe or 

Alaska Native Claims Settlement Act 

corporation. As noted in the NEPA 

discussion above, this direct final rule is 

fundamentally administrative in nature. 

This rule simply implements a statutory 

direction. No activities on the OCS (e.g., 

site characterization and site assessment 

activities) are expected to occur until 

leases are issued, and BOEM will 

consider Tribal implications of any 

particular proposed leases before any 

lease sale. 

7. Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use (E.O. 13211) 

The IRA amendments to OCSLA 

granted the Secretary the authority to 

issue leases for renewable energy 

activities to take place offshore the U.S. 

territories. This direct final rule only 

conforms BOEM’s existing regulations 

for wind energy leasing with that 

authorization and with Congress’ 

mandate to initiate the regulatory 

planning process for wind leases 

offshore certain territories by a date 

certain. Further, this rule does not 

authorize any specific activities. 

Consequently, this rule is not a 

significant regulatory action under E.O. 

12866, and it does not have a significant 

adverse effect on the supply, 

distribution, or use of energy. 

8. Clarity of This Regulation 

BOEM is 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 that BOEM publishes 

must: 

(1) Be logically organized; 

(2) Use the active voice to address 

readers directly; 

(3) Use clear language rather than 

jargon; 


lotter on DSK11XQN23PROD with RULES1
68462 Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Rules and Regulations 

(4) Be divided into short sections and 

sentences; and 

(5) Use lists and tables wherever 

possible. 

If you feel that BOEM has not met 

these requirements, send comments by 

one of the methods listed in the 

ADDRESSES section. 

List of Subjects in 30 CFR Part 585 

Administrative practice and 

procedure, Continental shelf, Energy, 

Intergovernmental relations, Marine 

resources, Natural resources, Renewable 

energy, Rights-of-way. 

This action by the Principal Deputy 

Assistant Secretary is taken herein 

pursuant to an existing delegation of 

authority. 

Laura Daniel-Davis, 

Principal Deputy Assistant Secretary, Land 

and Minerals Management. 

For the reasons stated in the 

preamble, the BOEM amends 30 CFR 

part 585 as follows: 

PART 585—RENEWABLE ENERGY ON 

THE OUTER CONTINENTAL SHELF 

■ 1. The authority citation for part 585 

continues to read as follows: 

Authority: 43 U.S.C. 1337. 

■ 2. Amend § 585.113 by revising the 

definition of ‘‘Outer Continental Shelf 

(OCS)’’ and by adding the definition of 

‘‘State’’ in alphabetical order to read as 

follows: 

§ 585.113 Definitions. 

* * * * * 

Outer Continental Shelf (OCS) means 

all submerged lands lying seaward and 

outside of the area of lands beneath 

navigable waters as defined in the 

Submerged Lands Act (43 U.S.C. 1301) 

and of which the subsoil and seabed 

appertain to the United States and are 

subject to its jurisdiction and control or 

within the exclusive economic zone of 

the United States and adjacent to any 

territory of the United States; and does 

not include any area conveyed by 

Congress to a territorial government for 

administration. 

* * * * * 

State means: 

(1) Each of the several States; 

(2) The Commonwealth of Puerto 

Rico; 

(3) Guam; 

(4) American Samoa; 

(5) The United States Virgin Islands; 

and 

(6) The Commonwealth of the 

Northern Mariana Islands. 

* * * * * 

[FR Doc. 2023–21713 Filed 10–3–23; 8:45 am] 

BILLING CODE 4310–MR–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2023–0767] 

Regulated Area; San Francisco Bay 

Navy Fleet Week Parade of Ships and 

Blue Angels Demonstration, San 

Francisco, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the regulated areas in the navigable 

waters of the San Francisco Bay for the 

San Francisco Bay Navy Fleet Week 

Parade of Ships and Blue Angels Survey 

Flight and Demonstration days from 

October 5 through October 8, 2023. This 

action is necessary to ensure the safety 

of event participants and spectators. 

During the enforcement period, 

unauthorized persons or vessels are 

prohibited from entering into, transiting 

through, or anchoring in the regulated 

area, unless authorized by the Patrol 

Commander (PATCOM). This 

notification of enforcement (NOE) 

announces the dates and times for 

enforcement. 

DATES: The regulations in 33 CFR 

100.1105 will be enforced from 12 p.m. 

until 7 p.m. on October 5, 2023; from 

10:30 a.m. until 5 p.m. on October 6, 

2023; and from 11:30 a.m. until 5 p.m. 

daily on October 7, 2023, and October 

8, 2023, for the regulated areas 

identified in the SUPPLEMENTARY

INFORMATION section below for the dates 

and times specified. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

notification of enforcement, call or 

email Lieutenant William Harris, Coast 

Guard Sector San Francisco, Waterways 

Management Division, 415–399–7443, 

SFWaterwasy@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

The Coast Guard will enforce the 

regulated areas for the annual San 

Francisco Bay Navy Fleet Week Parade 

of Ships and Blue Angels Demonstration 

in 33 CFR 100.1105. This NOE 

announces the dates and times that the 

regulated areas will be enforced daily on 

October 5, 2023, through October 8, 

2023, as described in the following 

paragraphs. 

The regulated area ‘‘Alpha’’ in 

§ 100.1105(b)(1) for the Navy Parade of 

Ships will be enforced from 10:30 a.m. 

until 12:30 p.m. on October 6, 2023. The 

regulated area ‘‘Bravo’’ in 

§ 100.1105(b)(2) for the U.S. Navy Blue 

Angels will be enforced from 12 p.m. 

until 7 p.m. on October 5, 2023, and 

11:30 a.m. until 5 p.m. daily from 

October 6, 2023, through October 8, 

2023. 

Regulated area ‘‘Alpha’’ will be 

enforced during the Navy Parade of 

Ships and is bounded by a line 

connecting the following points and 

thence along the shore to the point of 

beginning: 

Latitude Longitude 

37°48′40′′ N 122°28′38′′ W 

37°49′10′′ N 122°28′41′′ W 

37°49′31′′ N 122°25′18′′ W 

37°49′06′′ N 122°24′08′′ W 

37°47′53′′ N 122°22′42′′ W 

37°46′00′′ N 122°22′00′′ W 

37°46′00′′ N 122°23′07′′ W 

Under the provisions of 33 CFR 

100.1105, except for persons or vessels 

authorized by the PATCOM, in 

regulated area ‘‘Alpha’’ no person or 

vessel may enter the parade route or 

remain within 500 yards of any Navy 

parade vessel. No person or vessel shall 

anchor, block, loiter in, or impede the 

through transit of ship parade 

participants or official patrol vessels in 

regulated area ‘‘Alpha.’’ 

Regulated area ‘‘Bravo’’ will be 

enforced during the Navy Blue Angels 

Demonstration and is bounded by a line 

connecting the following points and 

thence along the pierheads and 

bulwarks to the point of beginning: 

Latitude Longitude 

37°48′27.5′′ N 122°24′04′′ W 

37°49′31′′ N 122°24′18′′ W 

37°49′00′′ N 122°27′52′′ W 

37°48′19′′ N 122°27′40′′ W 

Except for persons or vessels 

authorized by the PATCOM, no person 

or vessel may enter or remain within 

regulated area ‘‘Bravo.’’ 

When hailed or signaled by U.S. Coast 

Guard patrol personnel by siren, radio, 

flashing light, or other means, a person 

or vessel shall come to an immediate 

stop. Persons or vessels shall comply 

with all directions given; failure to do 

so may result in expulsion from the 

area, citation for failure to comply, or 

both. The Coast Guard may be assisted 

by other Federal, State, or local law 

enforcement agencies in enforcing this 

regulation. The PATCOM shall be 

designated by the Captain of the Port 

(COTP) San Francisco. The PATCOM is 

empowered to forbid and control the 

movement of all vessels in the regulated 

areas. 

In addition to this notification of 

enforcement in the Federal Register, the 


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