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[Federal Register Volume 78, Number 37 (Monday, February 25, 2013)]
[Proposed Rules]
[Pages 12676-12684]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03992]

[[Page 12676]]

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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.

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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

[[Page 12677]]

a notice of a determination of no competitive interest and removing 
related references (Sec. Sec.  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 (Sec. Sec.  585.235 and 585.236); 
removing the current (a)(2) in Sec.  585.235 and redesignating (a)(3) 
as (a)(2).
    (3) Providing a preliminary grant term of 12 months (Sec.  
585.303);
    (4) Deleting the requirement for submission of a GAP within 60 days 
of a notice of determination of no competitive interest (Sec.  
585.306);
    (5) Deleting the requirement for approving a GAP before issuing a 
grant (Sec.  585.309);
    (6) Replacing references to the six-month preliminary lease term 
with references to the 12-month preliminary term in the sections 
pertaining to payment of rent (Sec. Sec.  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 
Sec. Sec.  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 Sec. Sec.  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 Sec. Sec.  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: Sec. Sec.  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 Sec.  585.611 or Sec.  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

[[Page 12678]]

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 Sec.  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

[[Page 12679]]

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 Sec.  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

0
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.

0
2. Revise Sec.  585.102 paragraph (e) to read as follows:

Sec.  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.
0
3. Amend Sec.  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:

Sec.  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.
* * * * *

[[Page 12680]]

    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.
* * * * *
0
4. Revise Sec.  585.203 to read as follows:

Sec.  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).
0
5. Revise Sec.  585.211 paragraph (c) to read as follows:

Sec.  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.
* * * * *
0
6. Revise Sec.  585.212 paragraph (a) to read as follows:

Sec.  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 Sec.  585.231(d) through (i) 
following receipt of the acquisition fee specified in Sec.  585.502(a).
* * * * *
0
7. In Sec.  585.230 redesignate paragraphs (e) through (g) as 
paragraphs (f) through (h) and add new paragraph (e) to read as 
follows:

Sec.  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.
* * * * *
0
8. Revise Sec.  585.231 paragraphs (d), (e), (f) and (g)(2) to read as 
follows:

Sec.  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 Sec.  585.503.
* * * * *
0
9. Revise Sec.  585.235 paragraph (a) to read as follows:

Sec.  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   If BOEM receives a SAP that           The SAP must meet the requirements
 a preliminary term of 12 months,      satisfies the requirements of Sec.    of Sec.  Sec.   585.605 through
 within which must be submitted: (i)   Sec.   585.605 through 585.613 or a   585.613. The SAP/COP must meet the
 a SAP; or (ii) a combined SAP and     SAP/COP that satisfies the            requirements of Sec.  Sec.
 Construction and Operations Plan      requirements of Sec.  Sec.            585.605 through 585.613 and Sec.
 (COP). The preliminary term begins    585.605 through 585.613 and Sec.      Sec.   585.620 through 585.629.
 on the effective date of the lease.   Sec.   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.
(2) A commercial lease will have a    If we receive a COP that satisfies    The COP must meet the requirements
 site assessment term of five years    the requirements of Sec.  Sec.        of Sec.  Sec.   585.620 through
 to conduct site assessment            585.620 through 585.629, the site     585.629 of this part.
 activities and to submit a COP, if    assessment term will be
 a SAP/COP has not been submitted.     automatically extended for the
 Your site assessment term begins      period of time necessary for us to
 when BOEM approves your SAP or SAP/   conduct technical and environmental
 COP.                                  reviews of the COP.

[[Page 12681]]

 
(3) A commercial lease will have an   ....................................  The lease renewal request must meet
 operations term of 25 years, unless                                         the requirements, as provided in
 a longer term is negotiated by the                                          Sec.  Sec.   585.425 through
 parties. A request for lease                                                585.429.
 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.
(4) A commercial lease may have       NOTE: BOEM may order or grant a
 additional time added to the          suspension of the operations term,
 operations term through a lease       as provided in Sec.  Sec.   585.415
 renewal. The term of the lease        through 585.421 thereby effectively
 renewal will not exceed the           extending the term of the lease.
 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.
----------------------------------------------------------------------------------------------------------------

* * * * *
0
10. Revise Sec.  585.236 paragraph (a) to read as follows:

Sec.  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            If we receive a GAP that satisfies the    The GAP must meet the
 preliminary term of 12 months to        requirements of Sec.  Sec.   585.640      requirements of Sec.  Sec.
 submit a GAP. The preliminary term      through 585.648 of this part, the         585.640 through 585.648.
 begins on the effective date of the     preliminary term will be automatically
 lease.                                  extended for the period of time
                                         necessary for us to conduct a technical
                                         and environmental review of the plans.
(2) Each limited lease has an           We may order or grant a suspension of
 operations term of five years for       the operations term as provided in Sec.
 conducting site assessment,              Sec.   585.415 through 585.421.
 technology testing, or other
 activities. The operations term
 begins on the date that we approve
 your GAP.
----------------------------------------------------------------------------------------------------------------

* * * * *
0
11. Revise Sec.  585.238 paragraph (b) to read as follows:

Sec.  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.
* * * * *
0
12. Amend Sec.  585.303 by:
0
a. Redesignating the existing text as paragraph (b); and
0
b. Adding new paragraph (a) to read as follows:

Sec.  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.
* * * * *
0
13. Amend Sec.  585.305 by adding a new paragraph (e) to read as 
follows:

Sec.  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.
0
14. Amend Sec.  585.306 by revising the introductory text, paragraph 
(b) and by removing paragraph (c) to read as follows:

Sec.  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 
Sec.  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.
0
15. In Sec.  585.309 revise the introductory paragraph to read as 
follows:

[[Page 12682]]

Sec.  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.
* * * * *
0
16. Revise Sec.  585.500 paragraphs (a) and (b) to read as follows:

Sec.  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.
* * * * *
0
17. Revise Sec.  585.503 paragraph (a)(1) to read as follows:

Sec.  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 
Sec.  585.500, 45 days after BOEM issues your lease, in accordance with 
the payment methodology outlined in ONRR regulations at 30 CFR 
Sec. Sec.  1218.301 and 1218.302, excluding any requirements not 
applicable to renewable energy.
* * * * *
0
18. Revise Sec.  585.505 paragraph (b) to read as follows:

Sec.  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 Sec. Sec.  1218.301 and 
1218.302, the first 12-months' rent when BOEM issues your limited 
lease, as provided in Sec.  585.500, excluding any requirements not 
applicable to renewable energy.
* * * * *
0
19. Amend Sec.  585.601 by:
0
a. Revising both the introductory paragraph and paragraph (a);
0
b. Removing paragraph (b);
0
c. Redesignating paragraphs (c) and (d) as paragraphs (b) and (c), to 
read as follows:

Sec.  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.
* * * * *
0
20. Revise Sec.  585.611 to read as follows:

Sec.  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         Essential fish habitat, refuges, preserves, special management
 habitats.                                     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         As identified by BOEM.
 activities.
----------------------------------------------------------------------------------------------------------------

[[Page 12683]]

0
21. Revise Sec.  585.612 to read as follows:

Sec.  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.
----------------------------------------------------------------------------------------------------------------

0
22. Revise Sec.  585.640 paragraph (b) to read as follows:

Sec.  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.
0
23. Revise Sec.  585.646 to read as follows:

Sec.  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.
----------------------------------------------------------------------------------------------------------------

0
24. Revise Sec.  585.647 to read as follows:

Sec.  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:

[[Page 12684]]

----------------------------------------------------------------------------------------------------------------
            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.
----------------------------------------------------------------------------------------------------------------

0
25. Revise Sec.  585.902 paragraph (f) to read as follows:

Sec.  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

0
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.

0
27. Revise Sec.  590.4 paragraph (b)(1) to read as follows:

Sec.  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
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