Renewable Energy Alternate Uses of Existing Facilities on the Outer Continental Shelf-Acquire a Lease Noncompetitively, 72679-72682 [2010-29761]

Download as PDF 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]


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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