Bureau of Ocean Energy Management 2024 – Federal Register Recent Federal Regulation Documents

The Department of the Interior (the Department or DOI), acting through the Bureau of Ocean Energy Management (BOEM), is amending its risk management and financial assurance regulations. This final rule revises criteria for determining whether oil, gas, and sulfur lessees, right-of-use and easement (RUE) grant holders, and pipeline right-of- way (ROW) grant holders are required to provide financial assurance above the current minimum bonding levels to ensure compliance with their Outer Continental Shelf Lands Act (OCSLA) obligations. This final rule streamlines the criteria for evaluating the financial health of lessees and grantees, codifies the use of the Bureau of Safety and Environmental Enforcement's (BSEE) probabilistic estimates of decommissioning costs in setting the level of demands for supplemental financial assurance, removes restrictive provisions for third-party guarantees and decommissioning accounts, adds new criteria for cancelling supplemental financial assurance, and clarifies bonding requirements for RUEs serving Federal leases. BOEM estimates that a total of $6.9 billion in new supplemental financial assurance will be required from lessees and grant holders under this final rule to cover potential costs of decommissioning activities. This final rule significantly increases the amount of financial assurance available to the U.S. Government in the case of a lessee default and meaningfully reduces the risk to the government and consequently to the U.S. taxpayer. This final rulemaking does not apply to renewable energy activities.

On March 25, 2024, the Bureau of Ocean Energy Management (BOEM) published the "Notice of Intent to Prepare an Environmental Impact Statement for the Proposed Vineyard Northeast Project on the U.S. Outer Continental Shelf Offshore Massachusetts" in the Federal Register (89 FR 20691). That document contained incorrect in-person meeting addresses for both venues. The correct addresses are: Wednesday, April 17, 2024, 5 p.m.-9 p.m., Clarke Center Auditorium, Mitchell College, 682 Montauk Avenue, New London, Connecticut 06320; and Thursday, April 18, 2024, 5 p.m.-9 p.m., Westport High School Cafeteria, 400 Old County Road, Westport, Massachusetts 02790.

The Bureau of Ocean Energy Management (BOEM) announces the availability of the joint record of decision (ROD) on the Final Environmental Impact Statement (EIS) for the construction and operations plan (COP) submitted by Sunrise Wind, LLC (Sunrise Wind) for its proposed Sunrise Wind Offshore Wind Farm Project (Project), offshore New York, Massachusetts, and Rhode Island. The joint ROD includes the Department of the Interior's (DOI's) decision regarding the COP, the National Park Service's (NPS) decision regarding special use permits (SUPs) and a Right-of-Way (ROW) permit, and the National Marine Fisheries Service's (NMFS) plans for decision, pending completion of all statutory processes, regarding Sunrise Wind's requested Incidental Take Regulations (ITR) and an associated Letter of Authorization (LOA) under the Marine Mammal Protection Act (MMPA). NMFS has adopted the final EIS to support its decision of whether or not to promulgate the requested ITR under the MMPA. The NPS has adopted the final EIS to support its decision to issue a ROW permit and SUPs. The joint ROD concludes the National Environmental Policy Act process for each agency.

The Bureau of Ocean Energy Management (BOEM) proposes to hold Gulf of Mexico Wind Lease Sale (GOMW-2) for multiple lease areas (Lease Areas) using a multiple-factor bidding auction format. BOEM will use new auction software for the lease sale, resulting in changes to its previous auction rules. This Proposed Sale Notice (PSN) contains information pertaining to the areas available for leasing, certain lease provisions and conditions, auction details, lease forms, criteria for evaluating competing bids, award procedures, appeal procedures, and lease execution procedures. The issuance of any lease resulting from this sale would not constitute approval of project-specific plans to develop offshore wind energy. Such plans, if submitted by the Lessee, would be subject to subsequent environmental, technical, and public reviews prior to a BOEM decision whether or not to approve them.

The Bureau of Ocean Energy Management (BOEM) announces its intent to prepare an environmental impact statement (EIS) for a construction and operations plan (COP) of a proposed offshore wind energy project submitted by Atlantic Shores Offshore Wind, LLC (Atlantic Shores). This notice of intent (NOI) initiates the public scoping and comment process under the National Environmental Policy Act (NEPA) and under section 106 of the National Historic Preservation Act (NHPA). Atlantic Shores proposes to construct and operate the project in Renewable Energy Lease Area OCS-A 0549 (Lease Area), which is approximately 81,129 acres and located 8.4 statute miles (mi) (7.3 nautical miles) offshore New Jersey and approximately 60 mi offshore New York State. Atlantic Shores proposes to develop the entire Lease Area, known as the Atlantic Shores North Project (the Project).

In accordance with the Paperwork Reduction Act of 1995, the Bureau of Ocean Energy Management (BOEM) proposes this information collection request (ICR) to renew Office of Management and Budget (OMB) control number 1010-0057.

On January 12, 2024, the Bureau of Ocean Energy Management (BOEM) published a notice of availability (NOA) in the Federal Register announcing a public comment period for the draft programmatic environmental impact statement (PEIS) that analyzes the potential impacts of wind energy development in six lease areas of the New York (NY) Bight. BOEM is extending the comment period on the draft PEIS. This notice announces an extension of the public comment period, which will now end on March 13, 2024. After BOEM addresses comments provided, BOEM will publish a final PEIS.

In accordance with the Paperwork Reduction Act of 1995, the Bureau of Ocean Energy Management (BOEM) proposes a new information collection request (ICR).

This final rule implements the 2024 inflation adjustments to the maximum daily civil monetary penalties in the Bureau of Ocean Energy Management's (BOEM) regulations for violations of the Outer Continental Shelf Lands Act (OCSLA) and the Oil Pollution Act of 1990 (OPA). These inflation adjustments are made pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Improvements Act) and Office of Management and Budget (OMB) memorandum M-24-07. The 2024 adjustment multiplier of 1.03241 accounts for 1 year of inflation from October 2022 through October 2023.

The Bureau of Ocean Energy Management (BOEM) announces the availability of a draft environmental assessment (EA) to consider the potential environmental impacts associated with possible wind energy- related leasing, site assessment, and site characterization activities on the U.S. Atlantic Outer Continental Shelf (OCS). This notice of availability (NOA) announces the start of the public review and comment period, as well as the dates and times for public meetings on the draft EA. After BOEM holds the public meetings and addresses public comments submitted during the review period, BOEM will publish a final EA. The EA will inform BOEM's decision whether to issue wind energy leases in the Central Atlantic Wind Energy Areas (WEAs).

The Department of the Interior (DOI) is publishing this correction to certain collections of information described in the preamble of the proposed rule titled ``Renewable Energy Modernization Rule'' (Proposed Rule) for public notice and comment. BSEE, in coordination with BOEM, is correcting and soliciting comments related to the preamble discussion of certain information collection burdens that subsequently transferred to BSEE under the rule titled ``Reorganization of Title 30-Renewable Energy and Alternate Uses of Existing Facilities on the Outer Continental Shelf'' (Reorganization Rule).