12676 Federal Register / Vol. 78, No. 37 / Monday, February 25, 2013 / Proposed Rules 

DEPARTMENT OF THE INTERIOR 

Bureau of Ocean Energy Management 

30 CFR Parts 585 and 590 

[Docket ID: BOEM–2012–0077] 

RIN 1010–AD77 

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) 

AGENCIES: Bureau of Ocean Energy 

Management (BOEM); Interior. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule would 

amend the timing requirements for 

submitting a Site Assessment Plan 

(SAP) or General Activities Plan (GAP) 

pursuant to the regulations governing 

renewable energy and alternate uses of 

existing facilities on the Outer 

Continental Shelf (OCS). Under this 

proposed 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 

SAPs and GAPs that have proven to be 

impractical. 

DATES: Effective Date: Submit comments 

by March 27, 2013. BOEM may not fully 

consider comments received after this 

date. 

Instructions: Direct your comments to 

Docket ID No. BOEM–2012–0077. 

BOEM’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

the disclosure of which is restricted by 

statute. Do not submit information that 

you consider to be CBI or otherwise 

protected through www.regulations.gov 

or by email. The www.regulations.gov 

Web site is an ‘‘anonymous access’’ 

system, which means BOEM will not 

know your identity or contact 

information unless you provide it in the 

body of your comment. If you send an 

email comment directly to BOEM 

without going through 

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, BOEM 

recommends that you include your 

name and other contact information in 

the body of your comment along with 

any disk or CD–ROM you submit. If 

BOEM cannot read your comment due 

to technical difficulties and cannot 

contact you for clarification, BOEM may 

not be able to consider your comment. 

Electronic files should avoid the use of 

special characters or any form of 

encryption, and be free of any defects or 

viruses. 

ADDRESSES: Please use the Regulation 

Identifier Number (RIN) 1010–AD77 for 

comments directed to BOEM. 

You may submit comments on the 

rulemaking by any of the following 

methods. See also Public Availability of 

Comments under Procedural Matters. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. In the entry titled 

‘‘Enter Keyword or ID,’’ enter BOEM– 

2012–0077, then click search. Follow 

the instructions to submit public 

comments and view supporting and 

related materials available for this 

rulemaking. We will post all comments. 

• Mail or hand-carry BOEM 

comments to the Department of the 

Interior; Bureau of Ocean Energy 

Management; Attention: Office of 

Policy, Regulations and Analysis 

(OPRA); 381 Elden Street, MS–4001, 

Herndon, Virginia 20170–4817. Please 

reference ‘‘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 your 

comments and include your name and 

return address. 

• If you believe that this rule imposes 

any new information collection 

requirement(s), send your comments on 

the information collection in this rule to: 

Interior Desk Officer 1010–AD77, Office 

of Management and Budget; 202–395– 

5806 (fax); email: 

oira_docket@omb.eop.gov. Please also 

send a copy of these comments to 

BOEM. Docket: All documents in the 

docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy. 

Publicly available docket materials are 

available either electronically in 

www.regulations.gov or in hard copy 

during normal business hours at the 

Office of Policy, Regulations and 

Analysis, Bureau of Ocean Energy 

Management, U.S. Department of the 

Interior, 381 Elden Street, Herndon, 

Virginia 20170. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Golladay, Office of Renewable 

Energy Programs, at 

jennifer.golladay@boem.gov or 703– 

787–1688; or Peter Meffert, BOEM, 

Office of Policy, Regulations and 

Analysis, at Peter.Meffert@boem.gov or 

703–787–1610. 

SUPPLEMENTARY INFORMATION: This rule 

is designed to increase efficiency and 

reduce 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 approved while a 

GAP is still pending. 

Summary of Proposed Changes 

30 CFR Part 585 

This proposed rule would amend the 

timing requirements for submitting a 

Site Assessment Plan (SAP) or General 

Activities Plan (GAP) pursuant to the 

regulations governing renewable energy 

and alternate uses of existing facilities 

on the Outer Continental Shelf in 30 

CFR part 585. Under the proposed 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. 

The current 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 

process. In cases where a lease or grant 

is issued noncompetitively, the current 

regulations require the requestor to 

submit a SAP or GAP within 60 days 

after BOEM issues a determination of no 

competitive interest and before the 

issuance of either a grant or a lease. In 

communications with BOEM, 

prospective OCS renewable energy 

lessees and grantees have indicated 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 submission. Moreover, 

seasonal weather conditions may 

exacerbate time constraints associated 

with the preparation of a SAP or GAP. 

The proposed rule would create 

additional flexibility for the program by 

amending pertinent sections of the 

regulations at 30 CFR part 585 as 

follows: 

(1) Deleting the requirement for 

submission of a SAP within 60 days of 


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a notice of a determination of no 

competitive interest and removing 

related references (§§ 585.212 and 

585.231) to that requirement; 

(2) Changing the preliminary lease 

term from six months to 12 months and 

deleting the statements that leases 

issued noncompetitively do not have a 

preliminary term (§§ 585.235 and 

585.236); removing the current (a)(2) in 

§ 585.235 and redesignating (a)(3) as 

(a)(2). 

(3) Providing a preliminary grant term 

of 12 months (§ 585.303); 

(4) Deleting the requirement for 

submission of a GAP within 60 days of 

a notice of determination of no 

competitive interest (§ 585.306); 

(5) Deleting the requirement for 

approving a GAP before issuing a grant 

(§ 585.309); 

(6) Replacing references to the sixmonth preliminary lease term with 

references to the 12-month preliminary 

term in the sections pertaining to 

payment of rent (§§ 585.500, 585.503, 

and 585.505); and 

(7) Changing the deadline for SAP and 

GAP submission for leases and grants. 

Currently, for commercial leases issued 

competitively, there is a six months 

deadline after lease issuance to submit 

a SAP or a GAP. For a non-competitive 

lease, the current requirement is that a 

SAP or GAP be submitted 60 days after 

the determination of no competitive 

interest (DNCI). Both of these 

timeframes would be changed under 

this rule, which would provide that any 

lease or grant have a preliminary term 

of 12 months for submitting the required 

plan. In addition, some minor revisions 

or deletions of related references are 

made in §§ 585.601, 585.611, 585.612, 

585.640, 585.646, and 585.647. Related 

provisions and references concerning 

compliance with Coastal Zone 

Management Act (CZMA) federal 

consistency requirements would be 

revised in these sections, as well as in 

§§ 585.230 and 585.305. 

The original timing requirements 

were designed to encourage diligent 

development and to enable efficient 

review and approval processes for lease 

issuance and plan approval. The 

original timeframes and approaches still 

may be achieved under the amended 

regulations. Since lessees or grantees 

would have up to 12 months to submit 

a SAP or a GAP, any person who wishes 

to do so within the original timeframes 

may still do so. Likewise, if a 

prospective lessee or grantee desires and 

is able to take advantage of the 

efficiency associated with coupling 

review and approval of a lease or grant 

request with a SAP or GAP, by 

submitting the plan soon after a DNCI, 

in the case of a non-competitive lease, 

or upon lease execution, in the case of 

a competitive lease, it still may do so. 

The new timing requirements in this 

proposed rule are intended to strike a 

proper balance between promoting 

diligent activity on OCS renewable 

energy leases and grants and aligning 

with the needs and expectations of OCS 

renewable energy developers in 

planning and implementing their 

projects. Comments are requested as to 

whether the proposed amendments 

would provide adequate time for project 

planning and implementation, and, if 

not, how much time should be 

provided. 

The proposed amendment to part 585, 

to provide a preliminary term of 12 

months for all OCS renewable energy 

leases and grants, would affect many 

sections. Provisions in §§ 585.212, 

585.230, 585.231, 585.235, and 585.236 

would be changed to implement the 

universal 12-month preliminary lease 

term and to revise the related lease 

issuance process accordingly. Sections 

585.303, 585.305, 585.306, and 585.309 

would be changed to implement the 

universal 12-month preliminary grant 

term and revise the related grant 

issuance process accordingly. Sections 

585.500, 585.503, and 585.505 would be 

changed to provide for the submission 

of rent payments in accordance with the 

new 12-month term. Sections 585.601, 

585.611, 585.612, 585.640, 585.646, and 

585.647 would be changed to reflect the 

effects of providing the universal 12- 

month preliminary term and to revise 

the related plan review and approval 

processes accordingly. 

In addition to the changes described 

above, the proposed rule would make 

conforming changes to part 585 that 

would incorporate the Coastal Zone 

Management Act (CZMA) terminology 

included in part 500 to assure that 

BOEM coordinates with the appropriate 

State CZMA agencies. Sections affected 

would include: §§ 585.102, 585.203, 

585.211, 585.238, 585.306, and 585.902. 

Section 585.112. ‘‘CZMA State’’ 

Definition 

The proposed rule would add a new 

definition of the term ‘‘CZMA State’’ to 

delineate more accurately which States 

can review an OCS activity for 

consistency with a State’s approved 

coastal zone management program 

under the Coastal Zone Management 

Act, 16 U.S.C. 1451 et seq. The 

proposed rule would provide that a 

‘‘CZMA State’’ means any State in 

which a particular activity on the OCS 

would have a reasonably foreseeable 

direct or indirect effect on any coastal 

use or resource of that State. The 

definition would contain a cross 

reference to the National Oceanic and 

Atmospheric Administration (NOAA) 

regulation, 15 CFR 930.11(g), defining 

the term ‘‘effect on any coastal use or 

resource.’’ 

The Federal consistency concept 

under the CZMA is different from the 

‘‘Affected State’’ concept under the 

Outer Continental Shelf Lands Act 

(OCSLA), 43 U.S.C. 1331 et seq. The 

CZMA does not use the term ‘‘Affected 

State;’’ the phrase in the CZMA is 

‘‘affects any land or water use or natural 

resource of the coastal zone,’’ 16 U.S.C. 

1456(c). The proposed rule is based on 

CZMA regulations that use the phrase 

‘‘effects on any coastal use or resource,’’ 

15 CFR 930.11 and 930.33. Under the 

CZMA, only a State that demonstrates a 

reasonably foreseeable coastal effect 

from a particular activity can review an 

activity for consistency with its 

approved coastal management program 

(CMP) (this is the ‘‘effects test’’). As 

NOAA stated in the preamble to its 2006 

regulations, ‘‘[t]here are no geographical 

boundaries to the application of the 

effects test.’’ (71 FR 788 (2006)). 

OCSLA, however, uses the term 

‘‘Affected State’’ to identify which 

States are entitled to participate in 

BOEM’s leasing program. OCSLA 

defines ‘‘Affected State’’ to include any 

State for which an activity would be 

within the State ‘‘if its boundaries were 

extended seaward to the outer margin of 

the outer Continental Shelf,’’ 43 U.S.C. 

1331 and 1333(a)(2)(A). OCSLA uses the 

words ‘‘Affected State’’ whenever it 

intends to invoke that definition. But 

significantly, when OCSLA refers to 

compliance with the CZMA, it does not 

use the term ‘‘Affected State;’’ instead, 

it uses the language of the CZMA. See 

43 U.S.C. 1351(d). 

BOEM’s current regulations do not 

make clear the distinction between 

CZMA and OCSLA requirements. When 

the current BOEM regulations 

implement the sections of OCSLA that 

mention the CZMA, they use the term 

‘‘Affected State’’ instead of the CZMA 

concept ‘‘affecting any land use or water 

use in the coastal zone of a State.’’ The 

dual usage of this term is seen, for 

example, in § 585.611 or § 585.628, 

because these sections attempt to 

implement 43 U.S.C. 1351(a)(3)— 

concerning sending a SAP or COP to an 

‘‘affected State’’ under the OCSLA—and 

43 U.S.C. 1351(d)—concerning sending 

consistency certifications to States when 

their land use or water use in the coastal 

zone is affected under the CZMA. 

Although BOEM is already required by 

statute to comply with the terms of the 

CZMA, adding conforming terminology 


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12678 Federal Register / Vol. 78, No. 37 / Monday, February 25, 2013 / Proposed Rules 

in these regulations is intended to 

provide clarity and avoid confusion. 

In addition to proposing a new 

definition, we propose to substitute the 

newly defined term ‘‘CZMA State’’ for 

the term ‘‘Affected State’’ in a number 

of regulatory sections in part 585 that 

are intended to implement the CZMA 

requirements rather than OCSLA 

requirements. 

The proposed rule would also revise 

the definition of the terms You and your 

to include contractors and 

subcontractors of the listed entities. 

Section 585.500(a). 

The proposed rule would revise 

§ 585.500(a) by providing the correct 

Web site to the BOEM Fees for Services 

page (application fees) for electronic 

payments. 

Section 590.4(b)(1). 

The proposed rule would provide the 

correct Web site to the BOEM Fees for 

Services page (application fees) for 

electronic payments. 

Legal Authority 

The authority for this rulemaking is 

the broad rulemaking provision of 

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. 

The 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, is Section 

8(p)(8) of OCSLA (43 U.S.C. 1337(p)(8)), 

which authorizes the Secretary to issue 

any necessary regulations to carry out 

Subsection 8(p) of OCSLA. 

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. OIRA 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 proposed 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 proposes 

administrative corrections and 

clarifications to the existing regulations. 

Other changes consist of the 

reorganization of selected renewable 

energy regulations. 

Because this proposed rule otherwise 

does not propose to alter or change 

requirements for leasing, compliance, or 

enforcement from those set forth in 

existing regulations, no costs are 

estimated for this rulemaking. We 

welcome comments on any unidentified 

new compliance costs or benefits 

expected to be realized by this proposed 

rule. 

(1) This proposed rule would 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 proposed rule would not 

create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency. 

(3) This proposed rule would not alter 

the budgetary effects of entitlements, 

grants, user fees, or loan programs or the 

rights or obligations of their recipients. 

(4) This proposed rule would 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 proposed rule would 

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 

would 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 proposed rule is not a major rule 

under the Small Business Regulatory 

Enforcement Fairness Act (5 U.S.C. 801 

et seq.). This proposed rule: 

(a) Would not have an annual effect 

on the economy of $100 million or 

more. 

(b) Would not cause a major increase 

in costs or prices for consumers, 

individual industries, Federal, state, or 

local government agencies, or 

geographic regions. 

(c) Would 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 proposed rule would not impose 

an unfunded mandate on state, local, or 

tribal governments, or the private sector, 

of more than $100 million per year. This 

proposed rule would 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 

proposed rule would not have 

significant takings implications. This 

proposed rule would 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 

proposed rule would not have 

federalism implications. This proposed 

rule would not substantially affect the 

relationship between the Federal and 

state governments. To the extent that 


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state and local governments have a role 

in OCS activities, this proposed rule 

would not affect that role. A Federalism 

Assessment is not required. 

Civil Justice Reform (E.O. 12988) 

This proposed rule would comply 

with the requirements of E.O. 12988. 

Specifically, this rule: 

(a) Would meet 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) Would meet 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 proposed rule 

and determined that it would have no 

substantial effects on federally 

recognized Indian tribes. 

Paperwork Reduction Act (PRA) of 

1995 

This proposed 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 (31,124 

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. This rule 

would meet the criteria for categorical 

exclusion set forth in 43 CFR 46.210(i) 

in that this proposed rule is ‘‘ * * * of 

an administrative, financial, legal, 

technical, or procedural nature * * *’’ 

Furthermore, we have evaluated this 

proposed 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 § 515, 114 Stat. 2763, 2763A–153– 

154). 

Effects of the Nation’s Energy Supply 

(E.O. 13211) 

This proposed 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 more helpful. 

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 BOEM revise this 

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 would be able 

to do so. 

List of Subjects 

30 CFR Part 585 

Bonding, Coastal zone, Continental 

shelf, Electric power, Energy, 

Environmental impact statements, 

Environmental protection, Incorporation 

by Reference, Marine resources, Natural 

resources, Payments, Public lands, 

Public lands—rights-of-way, Reporting 

and recordkeeping requirements, 

Revenue sharing, Solar energy. 

30 CFR Part 590 

Administrative practice and 

procedure. 

Dated: February 14, 2013. 

Tommy P. Beaudreau 

Principal Deputy Assistant Secretary, Land 

and Minerals Management. 

For the reasons stated in the 

preamble, the Bureau of Ocean Energy 

Management (BOEM) proposes to 

amend 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. Revise § 585.102 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 State CZMA 

agency of any CZMA State, or the 

executive of any local government or 

Indian Tribe that may be affected by a 

lease, easement, or ROW under this 

subsection. BOEM may invite any 

affected State Governor, a State CZMA 

agency, an affected Indian Tribe, and/or 

an 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 adding the 

definitions of CZMA State and State 

CZMA Agency in alphabetical order and 

by revising the definition of You and 

your to read as follows: 

§ 585.112 Definitions. 

* * * * * 

CZMA State means any State in which 

an activity on the OCS would have a 

reasonably foreseeable direct or indirect 

effect on any coastal use or resource of 

that State. See 15 CFR 930.11(g). 

* * * * * 

State CZMA Agency means the agency 

within a CZMA State responsible for 

making Federal consistency decisions 

under the State Coastal Management 

Program (CMP) approved under the 

Coastal Zone Management Act (CZMA), 

16 U.S.C. 1451 et seq. 

* * * * * 


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You and your refer to an applicant, 

lessee, the operator, a designated agent 

of the lessee(s) or designated operator, 

ROW grant holder, RUE grant holder, or 

Alternate Use RUE grant holder under 

this part, or the possessive of each, 

depending on the context. The terms 

You and your also includes 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 

CZMA State or of any affected State, the 

State CZMA agency, 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, include 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 preservations officers pursuant 

to the National Historic Preservation Act 

(NHPA). 

■ 5. Revise § 585.211 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 CZMA State or of any 

affected State, the State CZMA agency, 

an affected Indian Tribe, 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. Revise § 585.212 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. In § 585.230 redesignate paragraphs 

(e) through (g) as paragraphs (f) through 

(h) and add new paragraph (e) to read 

as follows: 

§ 585.230 May I request a lease if there is 

no Call? 

* * * * * 

(e) A copy of your consistency 

certification and necessary data and 

information as submitted to the State 

CZMA agency pursuant to 15 CFR part 

930, subpart D. 

* * * * * 

■ 8. Revise § 585.231 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. 

(e) BOEM will coordinate and consult 

with affected Federal agencies, CZMA 

states, and any affected 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. Revise § 585.235 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 must be 

submitted: (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. 


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Lease term Automatic extensions Requirements 

(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 five years after the earliest of the following dates: when BOEM approves the SAP/ 

COP; when fabrication begins; or, when installation commences.

.......................................................................... The lease renewal request must meet the requirements, as provided 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 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. Revise § 585.236 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. 

(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 § 585.238 paragraph (b) to 

read as follows: 

§ 585.238 Are there any other renewable 

energy research activities that will be 

allowed on the OCS? 

* * * * * 

(b) In issuing leases, ROW grants, or 

RUE grants to a Federal agency or a 

State on the OCS for renewable energy 

research activities under this provision, 

BOEM will coordinate and consult with 

other relevant Federal agencies, the 

State CZMA agency of each CZMA state, 

any other affected State(s), affected local 

government executives, and affected 

Indian Tribes. 

* * * * * 

■ 12. Amend § 585.303 by: 

■ a. Redesignating the existing text as 

paragraph (b); and 

■ b. Adding new paragraph (a) 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 to continue your 

grant in effect. However you may submit 

a GAP prior to the issuance of your 

ROW or RUE grant. 

* * * * * 

■ 13. Amend § 585.305 by adding a new 

paragraph (e) to read as follows: 

§ 585.305 How do I request an ROW grant 

or RUE grant? 

* * * * * 

(e) A copy of your consistency 

certification and necessary data and 

information as submitted to the State 

CZMA agency pursuant to 15 CFR part 

930, subpart D. 

■ 14. Amend § 585.306 by revising the 

introductory text, paragraph (b) and by 

removing paragraph (c) to read as 

follows: 

§ 585.306 What action will BOEM take on 

my request? 

BOEM will consider requests for ROW 

grants and RUE grants on a case-by-case 

basis and may issue a grant 

competitively, as provided in § 585.308, 

or noncompetitively if BOEM 

determines, after public notice, that 

there is no competitive interest. BOEM 

will coordinate and consult with 

relevant Federal agencies, with the State 

CZMA agency in any CZMA State, the 

Governor of any affected State, and the 

executive of any affected local 

government. 

* * * * * 

(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. We will establish terms 

and conditions for the grant in 

consultation with you. 

■ 15. In § 585.309 revise the 

introductory paragraph to read as 

follows: 


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12682 Federal Register / Vol. 78, No. 37 / Monday, February 25, 2013 / Proposed Rules 

§ 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. 

* * * * * 

■ 16. Revise § 585.500 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 or signed lease 

instrument. 

(b) For rent during the preliminary 

term or for any period subsequent to the 

first 12-months rent or the site 

assessment term; or operating fees 

during the operations term, you must 

make your payments as required in 30 

CFR 1218.51. 

* * * * * 

■ 17. Revise § 585.503 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 first 12- 

months’ rent, as provided in § 585.500, 

45 days after BOEM issues your lease, 

in accordance with the payment 

methodology outlined in ONRR 

regulations at 30 CFR §§ 1218.301 and 

1218.302, excluding any requirements 

not applicable to renewable energy. 

* * * * * 

■ 18. Revise § 585.505 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, in 

accordance with the payment 

methodology outlined in ONRR 

regulations at 30 CFR §§ 1218.301 and 

1218.302, the first 12-months’ rent when 

BOEM issues your limited lease, as 

provided in § 585.500, excluding any 

requirements not applicable to 

renewable energy. 

* * * * * 

■ 19. Amend § 585.601 by: 

■ a. Revising both the introductory 

paragraph and paragraph (a); 

■ b. Removing paragraph (b); 

■ c. Redesignating paragraphs (c) and 

(d) as paragraphs (b) and (c), to 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 the 

lease or grant issuance. 

* * * * * 

■ 20. 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 site assessment activities have 

not previously been reviewed under 

NEPA or other applicable Federal laws 

by BOEM, 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 site assessment activities have 

previously been considered by BOEM 

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 impacts of your SAP are 

substantially inconsistent with those 

previously anticipated, we may 

determine that new 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. 

(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, and 

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. 


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■ 21. Revise § 585.612 to read as 

follows: 

§ 585.612 How will my SAP be processed 

for Federal consistency under the Coastal 

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: 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 State’s CZMA agency 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 93, subpart E to BOEM. BOEM will forward to the State CZMA agency 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. 

■ 22. Revise § 585.640 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 GAP activities have not 

previously been reviewed by BOEM 

under NEPA/CZMA 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 GAP activities have previously 

been considered by BOEM 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 impacts of your GAP are 

substantially inconsistent with those 

previously anticipated, we may 

determine that new NEPA/CZMA 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. 1531et 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, and 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 nonenergy 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: 


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12684 Federal Register / Vol. 78, No. 37 / Monday, February 25, 2013 / Proposed Rules 

If your GAP is submitted . . . 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 State’s CZM agency and BOEM at the same time. 

(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 93, subpart E to BOEM. BOEM will forward to the State CZMA agency 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. 

■ 25. Revise § 585.902 paragraph (f) to 

read as follows: 

§ 585.902 What are the general 

requirements for decommissioning facilities 

authorized under my SAP, COP, or GAP? 

* * * * * 

(f) Provide BOEM with 

documentation of any coordination 

efforts you have made with the State 

CZMA agencies, and any affected States, 

local, and Tribal governments. 

PART 590—APPEAL PROCEDURES 

■ 26. 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. 

■ 27. Revise § 590.4 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. 2013–03992 Filed 2–22–13; 8:45 am] 

BILLING CODE 4310–MR–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 721 

[EPA–HQ–OPPT–2012–0727; FRL–9376–7] 

RIN 2070–AB27 

Proposed Significant New Use Rules 

on Certain Chemical Substances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing significant 

new use rules (SNURs) under the Toxic 

Substances Control Act (TSCA) for 37 

chemical substances which were the 

subject of premanufacture notices 

(PMNs). Seventeen of these chemical 

substances are subject to TSCA section 

5(e) consent orders issued by EPA. This 

action would require persons who 

intend to manufacture, import, or 

process any of these 37 chemical 

substances for an activity that is 

designated as a significant new use by 

this proposed rule to notify EPA at least 

90 days before commencing that 

activity. The required notification 

would provide EPA with the 

opportunity to evaluate the intended 

use and, if necessary, to prohibit or limit 

that activity before it occurs. 

DATES: Comments must be received on 

or before April 26, 2013. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2012–0727, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Mail: Document Control Office 

(7407M), Office of Pollution Prevention 

and Toxics (OPPT), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460–0001. 

• Hand Delivery: OPPT Document 

Control Office (DCO), EPA East Bldg., 

Rm. 6428, 1201 Constitution Ave., NW., 

Washington, DC. ATTN: Docket ID 

Number EPA–HQ–OPPT–2012–0727. 

The DCO is open from 8 a.m. to 4 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

DCO is (202) 564–8930. Such deliveries 

are only accepted during the DCO’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

docket ID number EPA–HQ–OPPT– 

2012–0727. EPA’s policy is that all 

comments received will be included in 

the docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through regulations.gov or 

email. The regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through 

regulations.gov, your email address will 

be automatically captured and included 

as part of the comment that is placed in 

the docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the docket 

are listed in the docket index available 

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

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available electronically at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPPT 

Docket. The OPPT Docket is located in 

the EPA Docket Center (EPA/DC) at Rm. 

3334, EPA West Bldg., 1301 

Constitution Ave. NW., Washington, 

DC. The EPA/DC Public Reading Room 

hours of operation are 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The telephone number of 

the EPA/DC Public Reading Room is 

(202) 566–1744, and the telephone 

number for the OPPT Docket is (202) 

566–0280. Docket visitors are required 

to show photographic identification, 

pass through a metal detector, and sign 

the EPA visitor log. All visitor bags are 

processed through an X-ray machine 

and subject to search. Visitors will be 

provided an EPA/DC badge that must be 

visible at all times in the building and 

returned upon departure. 

FOR FURTHER INFORMATION CONTACT: For 

technical information contact: Kenneth 

Moss, Chemical Control Division 

(7405M), Office of Pollution Prevention 

and Toxics, Environmental Protection 


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