Renewable Energy Alternate Uses of Existing Facilities on the Outer Continental Shelf-Acquire a Lease Noncompetitively, 72679-72682 [2010-29761]
Download as PDF
<![CDATA[
Federal Register / Vol. 75, No. 227 / Friday, November 26, 2010 / Rules and Regulations
72679
COORDINATION OF RETIREMENT AND EFFECTIVE DATES TABLE—Continued
Existing approved
standard
Requirement to be
retired or replaced
Proposed
standard
New requirement
to be implemented
Date for concurrent retirement and implementation
R2.1
PER–004–1 ....................
PER–002–0 ....................
R3
R4
R4
PER–005–1
R3
1st day of 1st calendar quarter after regulatory approval.
PER–004–1 ....................
PER–004–1 ....................
R2
R1
PER–004–2
R1
1st day of 1st calendar quarter after regulatory approval.
N/A ..................................
R5
N/A
PER–005–1
R2
R3.1
1st day of 1st calendar quarter 36 months after
regulatory approval.
List of Subjects in 21 CFR Part 510
Administrative practice and
procedure, Animal drugs, Labeling,
Reporting and recordkeeping
requirements.
■ Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs and redelegated to
the Center for Veterinary Medicine, 21
CFR part 510 is amended as follows:
[FR Doc. 2010–29717 Filed 11–24–10; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 510
[Docket No. FDA–2010–N–0002]
■
AGENCY:
1. The authority citation for 21 CFR
part 510 continues to read as follows:
Food and Drug Administration,
HHS.
ACTION:
BILLING CODE 4160–01–P
DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management,
Regulation and Enforcement
Final rule.
The Food and Drug
Administration (FDA) is amending the
animal drug regulations to reflect a
change of sponsor’s name from Belcher
Pharmaceuticals, Inc., to Belcher
Pharmaceuticals, LLC. The sponsor’s
mailing address will also be changed.
DATES: This rule is effective November
26, 2010.
FOR FURTHER INFORMATION CONTACT:
Steven D. Vaughn, Center for Veterinary
Medicine (HFV–100), Food and Drug
Administration, 7520 Standish Pl.,
Rockville, MD 20855; 240–276–8300, email: steven.vaughn@fda.hhs.gov.
SUPPLEMENTARY INFORMATION: Belcher
Pharmaceuticals, Inc., 12393 Belcher
Rd., suite 420, Largo, FL 33773 has
informed FDA that it has changed its
name and address to Belcher
Pharmaceuticals, LLC, 6911 Bryan Dairy
Rd., Largo, FL 33777. Accordingly, the
Agency is amending the regulations in
21 CFR 510.600 to reflect this change.
This rule does not meet the definition
of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because
it is a rule of ‘‘particular applicability.’’
Therefore, it is not subject to the
congressional review requirements in 5
U.S.C. 801–808.
VerDate Mar<15>2010
18:10 Nov 24, 2010
Jkt 223001
30 CFR Part 285
[Docket ID: BOEM–2010–0045]
Authority: 21 U.S.C. 321, 331, 351, 352,
353, 360b, 371, 379e.
RIN 1010–AD71
2. In § 510.600, in the table in
paragraph (c)(1), revise the entry for
‘‘Belcher Pharmaceuticals, Inc.’’; and in
the table in paragraph (c)(2), revise the
entry for ‘‘062250’’ to read as follows:
Renewable Energy Alternate Uses of
Existing Facilities on the Outer
Continental Shelf—Acquire a Lease
Noncompetitively
■
SUMMARY:
srobinson on DSKHWCL6B1PROD with RULES
[FR Doc. 2010–29693 Filed 11–24–10; 8:45 am]
PART 510—NEW ANIMAL DRUGS
New Animal Drugs; Change of
Sponsor’s Name and Address
Dated: November 19, 2010.
Elizabeth Rettie,
Deputy Director, Office of New Animal Drug
Evaluation, Center for Veterinary Medicine.
Bureau of Ocean Energy
Management, Regulation and
Enforcement (BOEMRE), Interior.
ACTION: Direct Final rule.
AGENCY:
§ 510.600 Names, addresses, and drug
labeler codes of sponsors of approved
applications.
*
*
*
(c) * * *
(1) * * *
*
*
Drug labeler code
Firm name and address
*
*
*
*
*
Belcher Pharmaceuticals, LLC,
062250
6911 Bryan Dairy Rd., Largo,
FL 33777.
*
*
*
*
*
(2) * * *
Drug labeler code
Firm name and address
*
*
*
*
*
062250 .... Belcher Pharmaceuticals, LLC,
6911 Bryan Dairy Rd., Largo,
FL 33777.
PO 00000
*
*
Frm 00027
BOEMRE is revising
regulations that pertain to
noncompetitive acquisition of an Outer
Continental Shelf (OCS) renewable
energy lease. We are taking this action
because the current regulations covering
noncompetitive leasing of an OCS
renewable energy lease and an
unsolicited request for an OCS
renewable energy lease are inconsistent.
This rulemaking will make the two
processes consistent with each other by
eliminating an extra step in the
noncompetitive leasing process.
DATES: Effective Date: This rule becomes
effective on January 25, 2011 unless
BOEMRE publishes a notice
withdrawing this rule before that date.
Comment Due Date: Submit
comments on the direct final rule by
December 27, 2010.
FOR FURTHER INFORMATION CONTACT:
Timothy Redding at (703) 787–1219.
SUMMARY:
*
Fmt 4700
*
Sfmt 4700
*
E:\FR\FM\26NOR1.SGM
26NOR1
72680
Federal Register / Vol. 75, No. 227 / Friday, November 26, 2010 / Rules and Regulations
You may submit comments
on the rulemaking by any of the
following methods. Please use the
Regulation Identifier Number (RIN)
1010–AD71 as an identifier in your
message. See also Public Availability of
Comments under Procedural Matters.
• Federal eRulemaking Portal:
https://www.regulations.gov. In the entry
titled ‘‘Enter Keyword or ID,’’ enter
BOEM–2010–0045, then click search.
Follow the instructions to submit public
comments and view supporting and
related materials available for this
rulemaking. BOEMRE will post all
comments.
• Mail or hand-carry comments to the
Department of the Interior; Bureau of
Ocean Energy Management, Regulation
and Enforcement; Attention:
Regulations and Standards Branch
(RSB); 381 Elden Street, MS–4024,
Herndon, Virginia 20170–4817. Please
reference ‘‘Acquire a Lease
Noncompetitively, 1010–AD71’’ in your
comments and include your name and
address.
ADDRESSES:
srobinson on DSKHWCL6B1PROD with RULES
SUPPLEMENTARY INFORMATION
Background
The regulations at 30 CFR part 285
cover renewable energy and alternative
uses of existing facilities on the OCS.
This direct final rule revises the
regulations at §§ 285.231 and 285.232.
The regulations at § 285.231 cover
unsolicited requests for noncompetitive
leases. The regulations at § 285.232
cover acquisition of noncompetitive
leases in response to a Request for
Interest (RFI) or a Call for Information
and Nomination (Call). The process
outlined in these two sections is
currently inconsistent now for awarding
of noncompetitive leases.
As currently written, § 285.231 allows
for the awarding of a noncompetitive
lease after BOEMRE receives an
unsolicited request for a noncompetitive
lease, and after BOEMRE determines
that there is no competitive interest after
publishing a single notice of a request
for interest relating to the unsolicited
request for a noncompetitive lease. As
currently written, § 285.232 provides
that if a respondent to an RFI or a Call
submits an area of leasing interest to
BOEMRE for which no other
nominations are submitted, BOEMRE
may offer a lease through a
noncompetitive process. However, the
process requires publication of a second
RFI notice to confirm the absence of
competition before proceeding with the
noncompetitive process. We believe that
this requirement for a second notice is
unnecessarily redundant and at odds
with the noncompetitive process
prescribed for cases in which a party
VerDate Mar<15>2010
16:10 Nov 24, 2010
Jkt 223001
submits an unsolicited request for an
OCS renewable energy lease, where
BOEMRE is required to publish only a
single notice.
To remedy this inconsistency,
BOEMRE is revising § 285.231(d)(1) to
say that we will publish in the Federal
Register a notice that there is no
competitive interest. We will also revise
§ 285.232(c) to cite § 285.231(d) through
(i) instead of the current § 285.231(b)
through (i).
This is a direct final rulemaking with
request for comments. We have
provided a 30-day comment period for
this direct final rule. We believe that 30
days is sufficient time for comments
because this rulemaking is
noncontroversial, and the revision was
recommended by the American Wind
Energy Association, the Atlantic
Offshore Wind Energy Consortium
(established by the Secretary of the
Interior), and individual coastal states. If
we receive no significant adverse
comment during the 30-day comment
period, this rule will go into effect 30
days after the end of the comment
period. However, if a significant adverse
comment is received, BOEMRE will
withdraw the rule by publishing a
notice of withdrawal in the Federal
Register within 30 days after the public
comment period closes and will publish
a notice of proposed rulemaking. A
significant adverse comment is a
comment where the commenter
explains why the rule would be
inappropriate, including challenges to
the rule’s underlying premise or
approach or would be ineffective and
unacceptable without a change.
Procedural Matters
(4) This rule will not raise novel legal
or policy issues arising out of legal
mandates, the President’s priorities, or
the principles set forth in E.O. 12866.
Regulatory Flexibility Act
The Department of the Interior
certifies that this rule will not have a
significant economic effect on a
substantial number of small entities
under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.). The Department
prepared a regulatory flexibility analysis
for 30 CFR part 285, and concluded that
the regulations will impact a substantial
number of small entities but will not
have a significant economic impact on
the small entities in comparison to the
impacts on large entities. That analysis
was discussed in detail in the Notice of
Proposed Rulemaking published in the
Federal Register on July 9, 2008 (73 FR
39376).
The North American Industry
Classification System (NAICS) code for
the industries affected by this rule is
221119 (Other Electric Power
Generation). The definition for this code
is:
• ‘‘This U.S. industry comprises
establishments primarily engaged in
operating electric power generation facilities
(except hydroelectric, fossil fuel, nuclear).
These facilities convert other forms of energy,
such as solar, wind, or tidal power, into
electrical energy. The electric energy
produced in these establishments is provided
to electric power transmission systems or to
electric power distribution systems.’’
It is possible that this rule could
eventually affect entities that produce
hydrogen and fall under NAICS Code
325120 (Industrial Gas Manufacturing).
The definition for this code is:
Regulatory Planning and Review
(Executive Order (E.O.) 12866)
This rule is not a significant rule as
determined by the Office of
Management and Budget (OMB) and is
not subject to review under E.O. 12866.
(1) This rule will not have an annual
effect of $100 million or more on the
economy. It will not adversely affect in
a material way the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or tribal governments or
communities.
(2) This rule will not create a serious
inconsistency or otherwise interfere
with an action taken or planned by
another agency. The rule is intended to
eliminate unnecessary redundancy and
inefficiency.
(3) This rule will not alter the
budgetary effects of entitlements, grants,
user fees, or loan programs or the rights
or obligations of their recipients.
• ‘‘This industry comprises establishments
primarily engaged in manufacturing
industrial organic and inorganic gases in
compressed, liquid, or solid forms.’’
Given the original findings of the
regulatory flexibility analysis done for
30 CFR part 285, as well as the minor
adjustment to the renewable energy
leasing process that is entailed, the
revised rule will not have a significant
effect on a substantial number of small
entities.
Your comments are important. The
Small Business and Agriculture
Regulatory Enforcement Ombudsman
and 10 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
BOEMRE, call 1–888–734–3247. You
may comment to the Small Business
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
E:\FR\FM\26NOR1.SGM
26NOR1
Federal Register / Vol. 75, No. 227 / Friday, November 26, 2010 / Rules and Regulations
Administration without fear of
retaliation. Allegations of
discrimination/retaliation filed with the
Small Business Administration will be
investigated for appropriate action.
Small Business Regulatory Enforcement
Fairness Act
This rule is not a major rule under the
Small Business Regulatory Enforcement
Fairness Act (5 U.S.C. 801 et seq.). This
rule:
a. Will not have an annual effect on
the economy of $100 million or more.
b. Will not cause a major increase in
costs or prices for consumers,
individual industries, Federal, State, or
local government agencies, or
geographic regions.
c. Will not have significant adverse
effects on competition, employment,
investment, productivity, innovation, or
the ability of U.S.-based enterprises to
compete with foreign-based enterprises.
The requirements will apply
indiscriminately to entities operating on
the OCS to lease and develop renewable
energy under 30 CFR part 285.
Unfunded Mandate Reform Act of 1995
This rule will not impose an
unfunded mandate on State, local, or
tribal governments or the private sector
of more than $100 million per year. The
rule will 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.
srobinson on DSKHWCL6B1PROD with RULES
Takings Implication Assessment (E.O.
12630)
Under the criteria in E.O. 12630, this
rule does not have significant takings
implications. The rule is not a
governmental action capable of
interference with constitutionally
protected property rights. A Takings
Implication Assessment is not required.
Federalism (E.O. 13132)
Under the criteria in E.O. 13132, this
rule does not have federalism
implications. This rule will not
substantially and directly affect the
relationship between the Federal and
State governments. To the extent that
State and local governments have a role
in OCS activities, this rule will not
affect that role. A Federalism
Assessment is not required.
Civil Justice Reform (E.O. 12988)
This rule complies with the
requirements of E.O. 12988.
Specifically, this rule:
(a) Meets the criteria of section 3(a)
requiring that all regulations be
VerDate Mar<15>2010
18:10 Nov 24, 2010
Jkt 223001
reviewed to eliminate errors and
ambiguity and be written to minimize
litigation; and
(b) Meets the criteria of section 3(b)(2)
requiring that all regulations be written
in clear language and contain clear legal
standards.
Consultation With Indian Tribes (E.O.
13175)
Under the criteria in E.O. 13175, we
have evaluated this rule and determined
that it has no substantial effects on
federally recognized Indian tribes.
Paperwork Reduction Act (PRA)
This rulemaking contains no new
reporting or recordkeeping
requirements; therefore, an Office of
Management and Budget (OMB)
submission under the PRA (44 U.S.C.
3501 et seq.) is not required. The PRA
provides that an agency may not
conduct or sponsor a collection of
information unless it displays a
currently valid OMB control number.
Until OMB approves a collection of
information and assigns a control
number, you are not required to
respond. The revisions in this
rulemaking refer to, but do not change,
information collection requirements in
30 CFR part 285. The OMB approved
the referenced information collection
requirements under OMB Control
Number 1010–0176 (expiration 3/31/
2013).
National Environmental Policy Act of
1969
This rule does not constitute a major
Federal action significantly affecting the
quality of the human environment.
BOEMRE has analyzed this rule under
the criteria of the National
Environmental Policy Act and 516
Departmental Manual 15. This rule
meets the criteria set forth in 516
Departmental Manual 2 (Appendix 1.10)
for a Departmental ‘‘Categorical
Exclusion’’ in that this proposed rule is
‘‘* * * of an administrative, financial,
legal, technical, or procedural nature
and whose environmental effects are too
broad, speculative, or conjectural to
lend themselves to meaningful analysis
* * * This rule also meets the criteria
set forth in 516 Departmental Manual
15.4(C)(1) for a BOEMRE ‘‘Categorical
Exclusion’’ in that its impacts are
limited to administration, economic or
technological effects. Further, BOEMRE
has analyzed this rule to determine if it
meets any of the extraordinary
circumstances that would require an
environmental assessment or an
environmental impact statement as set
forth in 516 Departmental Manual 2.3,
and Appendix 2. BOEMRE concluded
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
72681
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, BOEMRE did
not conduct or use a study, experiment,
or survey requiring peer review under
the Data Quality Act (Pub. L. 106–554,
app. C section 515, 114 Stat. 2763,
2763A–153–154).
Effects on the Energy Supply (E.O.
13211)
This rule is not a significant energy
action under the definition in E.O.
13211. A Statement of Energy Effects is
not required.
Clarity of This Regulation
We are required by E.O. 12866, E.O.
12988, and by the Presidential
Memorandum of June 1, 1998, to write
all rules in plain language. This means
that each rule we publish must:
(a) Be logically organized;
(b) Use the active voice to address
readers directly;
(c) Use clear language rather than
jargon;
(d) Be divided into short sections and
sentences; and
(e) Use lists and tables wherever
possible.
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 us revise the
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 will be able to
do so.
List of Subjects in 30 CFR Part 285
Continental shelf, Environmental
protection, Public lands.
E:\FR\FM\26NOR1.SGM
26NOR1
72682
Federal Register / Vol. 75, No. 227 / Friday, November 26, 2010 / Rules and Regulations
Dated: November 12, 2010.
Wilma A. Lewis,
Assistant Secretary for Land and Minerals
Management.
For the reasons stated in the preamble,
the Bureau of Ocean Energy
Management, Regulation and
Enforcement (BOEMRE) amends 30 CFR
part 285 as follows:
■
Authority: 43 U.S.C. 1331 et seq., 43 U.S.C.
1337.
In § 285.231, revise the section
heading and paragraph (d)(1) to read as
follows:
■
§ 285.231 How will BOEMRE process my
unsolicited request for a noncompetitive
lease?
*
*
*
*
*
(d) * * *
(1) We will publish in the Federal
Register a notice that there is no
competitive interest; and
*
*
*
*
*
■ Amend § 285.232 by revising
paragraph (c) to read as follows:
Comments
§ 285.232 May I acquire a lease
noncompetitively after responding to a
Request for Interest or Call for Information
and Nominations under § 285.213?
*
*
*
*
*
(c) After receiving the acquisition fee,
BOEMRE will follow the process
outlined in § 285.231(d) through (i).
[FR Doc. 2010–29761 Filed 11–23–10; 4:15 pm]
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 108
[Docket ID: DOD–2009–OS–0036]
RIN 0790–AI52
Health Care Eligibility Under the
Secretarial Designee Program and
Related Special Authorities
Department of Defense (DoD).
Final rule.
srobinson on DSKHWCL6B1PROD with RULES
AGENCY:
This rule establishes policy
and assigns responsibilities for health
care eligibility under the Secretarial
Designee Program. It also implements
the requirement that the United States
receive reimbursement for inpatient
Jkt 223001
The Department of Defense published
a proposed rule on April 9, 2010 (75 FR
18138–18142). One public comment
was received that was in full support of
the rule.
Other changes have been incorporated
into the rule text based on additional
internal coordination within the
Department to provide clarity. The
responsibilities of the Assistant
Secretary of Defense for Health Affairs
under the proposed rule moved to the
Under Secretary of Defense for
Personnel and Readiness.
Executive Order 12866, ‘‘Regulatory
Planning and Review’’
BILLING CODE 4310–MR–P
16:10 Nov 24, 2010
This rule
establishes policy and assigns
responsibilities under 10 U.S.C. 1074(c)
for health care eligibility under the
Secretarial Designee Program. It also
implements the requirement of 10
U.S.C. 2559 that the United States
receive reimbursement for inpatient
health care provided in the United
States to foreign military or diplomatic
personnel or their dependents, except in
certain cases covered by Reciprocal
Health Care Agreements (RHCAs)
between the Department of Defense and
a foreign country.
SUPPLEMENTARY INFORMATION:
The authority citation for part 285
continues to read as follows:
VerDate Mar<15>2010
Col
Michael Skidmore, (703) 614–4157.
■
SUMMARY:
Effective Date: This rule is
effective December 27, 2010.
DATES:
FOR FURTHER INFORMATION CONTACT:
PART 285—RENEWABLE ENERGY
ALTERNATE USES OF EXISTING
FACILITIES ON THE OUTER
CONTINENTAL SHELF
ACTION:
health care provided in the United
States to foreign military or diplomatic
personnel or their dependents, except in
certain cases covered by Reciprocal
Health Care Agreements (RHCAs)
between the Department of Defense and
a foreign country.
It has been certified that 32 CFR part
108 does not:
(1) Have an annual effect on the
economy of $100 million or more or
adversely affect in a material way the
economy; a section of the economy;
productivity; competition; jobs; the
environment; public health or safety; or
State, local, or tribunal governments or
communities;
(2) Create a serious inconsistency or
otherwise interfere with an action taken
or planned by another Agency;
(3) Materially alter the budgetary
impact of entitlements, grants, user fees,
or loan programs, or the rights and
obligations of recipients thereof; or
(4) Raise novel legal or policy issues
arising out of legal mandates, the
President’s priorities, or the principles
set forth in this Executive Order.
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
Sec. 202, Pub. L. 104–4, ‘‘Unfunded
Mandates Reform Act’’
It has been certified that 32 CFR part
108 does not contain a Federal mandate
that may result in the expenditure by
State, local and tribunal governments, in
aggregate, or by the private sector, of
$100 million or more in any one year.
Public Law 96–354, ‘‘Regulatory
Flexibility Act’’ (5 U.S.C. 601)
It has been certified that 32 CFR part
108 is not subject to the Regulatory
Flexibility Act (5 U.S.C. 601) because it
would not, if promulgated, have a
significant economic impact on a
substantial number of small entities.
Public Law 96–511, ‘‘Paperwork
Reduction Act’’ (44 U.S.C. Chapter 35)
It has been certified that 32 CFR part
108 does not impose reporting or
recordkeeping requirements under the
Paperwork Reduction Act of 1995.
Executive Order 13132, ‘‘Federalism’’
It has been certified that 32 CFR part
108 does not have federalism
implications, as set forth in Executive
Order 13132. This rule does not have
substantial direct effects on:
(1) The States;
(2) The relationship between the
National Government and the States; or
(3) The distribution of power and
responsibilities among the various
levels of Government.
List of Subjects in 32 CFR Part 108
Diplomatic personnel, Health care,
Military personnel.
■ Accordingly, 32 CFR part 108 is
added to read as follows.
PART 108—HEALTH CARE
ELIGIBILITY UNDER THE
SECRETARIAL DESIGNEE PROGRAM
AND RELATED SPECIAL
AUTHORITIES
Sec.
108.1 Purpose.
108.2 Applicability.
108.3 Definition.
108.4 Policy.
108.5 Eligible senior officials of the U.S.
Government.
108.6 Responsibilities.
Authority: 10 U.S.C. 1074(c); 10 U.S.C.
2559.
§ 108.1
Purpose.
This part:
(a) Establishes policy and assigns
responsibilities under 10 U.S.C. 1074(c)
for health care eligibility under the
Secretarial Designee Program.
(b) Implements the requirement of 10
U.S.C. 2559 that the United States
receive reimbursement for inpatient
E:\FR\FM\26NOR1.SGM
26NOR1
]]>Agencies
[Federal Register Volume 75, Number 227 (Friday, November 26, 2010)]
[Rules and Regulations]
[Pages 72679-72682]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-29761]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management, Regulation and Enforcement
30 CFR Part 285
[Docket ID: BOEM-2010-0045]
RIN 1010-AD71
Renewable Energy Alternate Uses of Existing Facilities on the
Outer Continental Shelf--Acquire a Lease Noncompetitively
AGENCY: Bureau of Ocean Energy Management, Regulation and Enforcement
(BOEMRE), Interior.
ACTION: Direct Final rule.
-----------------------------------------------------------------------
SUMMARY: BOEMRE is revising regulations that pertain to noncompetitive
acquisition of an Outer Continental Shelf (OCS) renewable energy lease.
We are taking this action because the current regulations covering
noncompetitive leasing of an OCS renewable energy lease and an
unsolicited request for an OCS renewable energy lease are inconsistent.
This rulemaking will make the two processes consistent with each other
by eliminating an extra step in the noncompetitive leasing process.
DATES: Effective Date: This rule becomes effective on January 25, 2011
unless BOEMRE publishes a notice withdrawing this rule before that
date.
Comment Due Date: Submit comments on the direct final rule by
December 27, 2010.
FOR FURTHER INFORMATION CONTACT: Timothy Redding at (703) 787-1219.
[[Page 72680]]
ADDRESSES: You may submit comments on the rulemaking by any of the
following methods. Please use the Regulation Identifier Number (RIN)
1010-AD71 as an identifier in your message. See also Public
Availability of Comments under Procedural Matters.
Federal eRulemaking Portal: https://www.regulations.gov.
In the entry titled ``Enter Keyword or ID,'' enter BOEM-2010-0045, then
click search. Follow the instructions to submit public comments and
view supporting and related materials available for this rulemaking.
BOEMRE will post all comments.
Mail or hand-carry comments to the Department of the
Interior; Bureau of Ocean Energy Management, Regulation and
Enforcement; Attention: Regulations and Standards Branch (RSB); 381
Elden Street, MS-4024, Herndon, Virginia 20170-4817. Please reference
``Acquire a Lease Noncompetitively, 1010-AD71'' in your comments and
include your name and address.
SUPPLEMENTARY INFORMATION
Background
The regulations at 30 CFR part 285 cover renewable energy and
alternative uses of existing facilities on the OCS. This direct final
rule revises the regulations at Sec. Sec. 285.231 and 285.232. The
regulations at Sec. 285.231 cover unsolicited requests for
noncompetitive leases. The regulations at Sec. 285.232 cover
acquisition of noncompetitive leases in response to a Request for
Interest (RFI) or a Call for Information and Nomination (Call). The
process outlined in these two sections is currently inconsistent now
for awarding of noncompetitive leases.
As currently written, Sec. 285.231 allows for the awarding of a
noncompetitive lease after BOEMRE receives an unsolicited request for a
noncompetitive lease, and after BOEMRE determines that there is no
competitive interest after publishing a single notice of a request for
interest relating to the unsolicited request for a noncompetitive
lease. As currently written, Sec. 285.232 provides that if a
respondent to an RFI or a Call submits an area of leasing interest to
BOEMRE for which no other nominations are submitted, BOEMRE may offer a
lease through a noncompetitive process. However, the process requires
publication of a second RFI notice to confirm the absence of
competition before proceeding with the noncompetitive process. We
believe that this requirement for a second notice is unnecessarily
redundant and at odds with the noncompetitive process prescribed for
cases in which a party submits an unsolicited request for an OCS
renewable energy lease, where BOEMRE is required to publish only a
single notice.
To remedy this inconsistency, BOEMRE is revising Sec.
285.231(d)(1) to say that we will publish in the Federal Register a
notice that there is no competitive interest. We will also revise Sec.
285.232(c) to cite Sec. 285.231(d) through (i) instead of the current
Sec. 285.231(b) through (i).
This is a direct final rulemaking with request for comments. We
have provided a 30-day comment period for this direct final rule. We
believe that 30 days is sufficient time for comments because this
rulemaking is noncontroversial, and the revision was recommended by the
American Wind Energy Association, the Atlantic Offshore Wind Energy
Consortium (established by the Secretary of the Interior), and
individual coastal states. If we receive no significant adverse comment
during the 30-day comment period, this rule will go into effect 30 days
after the end of the comment period. However, if a significant adverse
comment is received, BOEMRE will withdraw the rule by publishing a
notice of withdrawal in the Federal Register within 30 days after the
public comment period closes and will publish a notice of proposed
rulemaking. A significant adverse comment is a comment where the
commenter explains why the rule would be inappropriate, including
challenges to the rule's underlying premise or approach or would be
ineffective and unacceptable without a change.
Procedural Matters
Regulatory Planning and Review (Executive Order (E.O.) 12866)
This rule is not a significant rule as determined by the Office of
Management and Budget (OMB) and is not subject to review under E.O.
12866.
(1) This rule will not have an annual effect of $100 million or
more on the economy. It will not adversely affect in a material way the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities.
(2) This rule will not create a serious inconsistency or otherwise
interfere with an action taken or planned by another agency. The rule
is intended to eliminate unnecessary redundancy and inefficiency.
(3) This rule will not alter the budgetary effects of entitlements,
grants, user fees, or loan programs or the rights or obligations of
their recipients.
(4) This rule will not raise novel legal or policy issues arising
out of legal mandates, the President's priorities, or the principles
set forth in E.O. 12866.
Regulatory Flexibility Act
The Department of the Interior certifies that this rule will not
have a significant economic effect on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
The Department prepared a regulatory flexibility analysis for 30 CFR
part 285, and concluded that the regulations will impact a substantial
number of small entities but will not have a significant economic
impact on the small entities in comparison to the impacts on large
entities. That analysis was discussed in detail in the Notice of
Proposed Rulemaking published in the Federal Register on July 9, 2008
(73 FR 39376).
The North American Industry Classification System (NAICS) code for
the industries affected by this rule is 221119 (Other Electric Power
Generation). The definition for this code is:
``This U.S. industry comprises establishments primarily
engaged in operating electric power generation facilities (except
hydroelectric, fossil fuel, nuclear). These facilities convert other
forms of energy, such as solar, wind, or tidal power, into
electrical energy. The electric energy produced in these
establishments is provided to electric power transmission systems or
to electric power distribution systems.''
It is possible that this rule could eventually affect entities that
produce hydrogen and fall under NAICS Code 325120 (Industrial Gas
Manufacturing). The definition for this code is:
``This industry comprises establishments primarily
engaged in manufacturing industrial organic and inorganic gases in
compressed, liquid, or solid forms.''
Given the original findings of the regulatory flexibility analysis
done for 30 CFR part 285, as well as the minor adjustment to the
renewable energy leasing process that is entailed, the revised rule
will not have a significant effect on a substantial number of small
entities.
Your comments are important. The Small Business and Agriculture
Regulatory Enforcement Ombudsman and 10 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 BOEMRE, call 1-888-
734-3247. You may comment to the Small Business
[[Page 72681]]
Administration without fear of retaliation. Allegations of
discrimination/retaliation filed with the Small Business Administration
will be investigated for appropriate action.
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under the Small Business Regulatory
Enforcement Fairness Act (5 U.S.C. 801 et seq.). This rule:
a. Will not have an annual effect on the economy of $100 million or
more.
b. Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions.
c. Will not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises. The
requirements will apply indiscriminately to entities operating on the
OCS to lease and develop renewable energy under 30 CFR part 285.
Unfunded Mandate Reform Act of 1995
This rule will not impose an unfunded mandate on State, local, or
tribal governments or the private sector of more than $100 million per
year. The rule will not have a significant or unique effect on State,
local, or tribal governments or the private sector. A statement
containing the information required by the Unfunded Mandates Reform Act
(2 U.S.C. 1501 et seq.) is not required.
Takings Implication Assessment (E.O. 12630)
Under the criteria in E.O. 12630, this rule does not have
significant takings implications. The rule is not a governmental action
capable of interference with constitutionally protected property
rights. A Takings Implication Assessment is not required.
Federalism (E.O. 13132)
Under the criteria in E.O. 13132, this rule does not have
federalism implications. This rule will not substantially and directly
affect the relationship between the Federal and State governments. To
the extent that State and local governments have a role in OCS
activities, this rule will not affect that role. A Federalism
Assessment is not required.
Civil Justice Reform (E.O. 12988)
This rule complies with the requirements of E.O. 12988.
Specifically, this rule:
(a) Meets the criteria of section 3(a) requiring that all
regulations be reviewed to eliminate errors and ambiguity and be
written to minimize litigation; and
(b) Meets the criteria of section 3(b)(2) requiring that all
regulations be written in clear language and contain clear legal
standards.
Consultation With Indian Tribes (E.O. 13175)
Under the criteria in E.O. 13175, we have evaluated this rule and
determined that it has no substantial effects on federally recognized
Indian tribes.
Paperwork Reduction Act (PRA)
This rulemaking contains no new reporting or recordkeeping
requirements; therefore, an Office of Management and Budget (OMB)
submission under the PRA (44 U.S.C. 3501 et seq.) is not required. The
PRA provides that an agency may not conduct or sponsor a collection of
information unless it displays a currently valid OMB control number.
Until OMB approves a collection of information and assigns a control
number, you are not required to respond. The revisions in this
rulemaking refer to, but do not change, information collection
requirements in 30 CFR part 285. The OMB approved the referenced
information collection requirements under OMB Control Number 1010-0176
(expiration 3/31/2013).
National Environmental Policy Act of 1969
This rule does not constitute a major Federal action significantly
affecting the quality of the human environment. BOEMRE has analyzed
this rule under the criteria of the National Environmental Policy Act
and 516 Departmental Manual 15. This rule meets the criteria set forth
in 516 Departmental Manual 2 (Appendix 1.10) for a Departmental
``Categorical Exclusion'' in that this proposed rule is ``* * * of an
administrative, financial, legal, technical, or procedural nature and
whose environmental effects are too broad, speculative, or conjectural
to lend themselves to meaningful analysis * * * This rule also meets
the criteria set forth in 516 Departmental Manual 15.4(C)(1) for a
BOEMRE ``Categorical Exclusion'' in that its impacts are limited to
administration, economic or technological effects. Further, BOEMRE has
analyzed this rule to determine if it meets any of the extraordinary
circumstances that would require an environmental assessment or an
environmental impact statement as set forth in 516 Departmental Manual
2.3, and Appendix 2. BOEMRE 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, BOEMRE did not conduct or use a study,
experiment, or survey requiring peer review under the Data Quality Act
(Pub. L. 106-554, app. C section 515, 114 Stat. 2763, 2763A-153-154).
Effects on the Energy Supply (E.O. 13211)
This rule is not a significant energy action under the definition
in E.O. 13211. A Statement of Energy Effects is not required.
Clarity of This Regulation
We are required by E.O. 12866, E.O. 12988, and by the Presidential
Memorandum of June 1, 1998, to write all rules in plain language. This
means that each rule we publish must:
(a) Be logically organized;
(b) Use the active voice to address readers directly;
(c) Use clear language rather than jargon;
(d) Be divided into short sections and sentences; and
(e) Use lists and tables wherever possible.
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 us revise the 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 will be
able to do so.
List of Subjects in 30 CFR Part 285
Continental shelf, Environmental protection, Public lands.
[[Page 72682]]
Dated: November 12, 2010.
Wilma A. Lewis,
Assistant Secretary for Land and Minerals Management.
0
For the reasons stated in the preamble, the Bureau of Ocean Energy
Management, Regulation and Enforcement (BOEMRE) amends 30 CFR part 285
as follows:
PART 285--RENEWABLE ENERGY ALTERNATE USES OF EXISTING FACILITIES ON
THE OUTER CONTINENTAL SHELF
0
The authority citation for part 285 continues to read as follows:
Authority: 43 U.S.C. 1331 et seq., 43 U.S.C. 1337.
0
In Sec. 285.231, revise the section heading and paragraph (d)(1) to
read as follows:
Sec. 285.231 How will BOEMRE process my unsolicited request for a
noncompetitive lease?
* * * * *
(d) * * *
(1) We will publish in the Federal Register a notice that there is
no competitive interest; and
* * * * *
0
Amend Sec. 285.232 by revising paragraph (c) to read as follows:
Sec. 285.232 May I acquire a lease noncompetitively after responding
to a Request for Interest or Call for Information and Nominations under
Sec. 285.213?
* * * * *
(c) After receiving the acquisition fee, BOEMRE will follow the
process outlined in Sec. 285.231(d) through (i).
[FR Doc. 2010-29761 Filed 11-23-10; 4:15 pm]
BILLING CODE 4310-MR-P
