MMAA104000; 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), 21617-21626 [2014-08488]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Ocean Energy Management

[Federal Register Volume 79, Number 74 (Thursday, April 17, 2014)]
[Rules and Regulations]
[Pages 21617-21626]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08488]


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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


MMAA104000; 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)

AGENCY: Bureau of Ocean Energy Management (BOEM), Interior.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This rule amends the timing requirements for submitting a SAP 
or GAP. Under the 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

[[Page 21618]]

SAPs and GAPs that have proven to be impractical. In addition, this 
rule amends various other regulatory provisions, such as those 
pertaining to a lessee's first rent payment.

DATES:  This final rule is effective May 19, 2014.

FOR FURTHER INFORMATION CONTACT: Jennifer Golladay, BOEM Office of 
Renewable Energy, at Jennifer.Golladay@boem.gov or 703-787-1688.

SUPPLEMENTARY INFORMATION: This rule increases efficiency and reduces 
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 issued while a GAP is still pending. BOEM 
published a proposed rule soliciting comments in the Federal Register 
on February 25, 2013 (78 FR 12676).

Executive Summary

    Current BOEM 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 bidding process. In cases where a lease or 
grant is issued on a noncompetitive basis, the regulations require the 
requestor to submit a SAP or GAP within 60 days after BOEM makes and 
publishes a ``Determination of No Competitive Interest.'' In 
communications with prospective OCS renewable energy lessees and 
grantees that took place after the current regulations were issued, 
BOEM learned 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 submissions. In part, this is because site characterization 
activities necessary to support the submission of a SAP or GAP are 
significantly affected and controlled by seasonal weather conditions. 
This rule addresses the difficulties associated with the current timing 
requirements by lengthening the timeframe for submission of SAPs and 
GAPs to 12 months following lease/grant issuance for both 
competitively-issued and noncompetitively-issued leases and grants.
    This rule makes various administrative corrections and 
clarifications to BOEM's renewable energy regulations.

Summary of Changes

30 CFR Part 585

    This rule amends the timing requirements for submitting a SAP or 
GAP pursuant to the regulations governing renewable energy and 
alternate uses of existing facilities on the OCS in 30 CFR part 585. 
Under the 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. This rule addresses the 
difficulties associated with the current timing requirements by 
lengthening the timeframe for submission of SAPs and GAPs to 12 months 
following lease/grant issuance in all cases for both competitively-
issued and noncompetitively-issued leases and grants.

Changes Made Between Proposed and Final Rule

    In the proposed rule, BOEM proposed to add definitions of the terms 
``CZMA State'' and ``State CZMA Agency'' to the regulations. This was 
intended to enable BOEM to clarify which regulatory provisions apply to 
states with rights and responsibilities under the Coastal Zone 
Management Act, as opposed to the states that fall under the general 
definition of ``Affected State'' under the Outer Continental Shelf 
Lands Act (OCSLA). However, the definition of ``Affected State'' in 
BOEM's renewable energy regulations is different from the definition in 
OCSLA, and ``Affected State'' is not used in the regulations describing 
the CZMA compliance process (e.g., 30 CFR 585.612, 628, and 647). After 
receiving comments and considering the potential changes further, BOEM 
decided against adding the new definitions, since the proposed 
additions would likely have caused confusion and redundancy rather than 
clarity. The current regulations at 30 CFR part 585 include a 
definition of ``affected state'' that fully addresses the needs of 
BOEM's renewable energy program. Therefore, BOEM will continue to use 
the term ``affected state'' in the following sections: 30 CFR 585.102, 
585.112, 585.203, 585.211, 585.231, 585.238, 585.306, and 585.902 to 
implement this decision.
    In addition to the changes to the proposed rule which are discussed 
in the section ``Response to Comments Matrix and Other Preamble Text,'' 
the following clarifying edits and/or technical corrections have been 
made to the current regulations:
     30 CFR 585.112--BOEM made minor changes that expand the 
definition of ``you and your'' to include designated agents of all 
entities listed, and corrected a minor grammatical error in this 
definition.
     30 CFR 585.203--BOEM made a small grammatical edit to the 
last sentence.
     30 CFR 585.211--BOEM made a small grammatical edit and a 
small wording change to the first sentence in (c).
     30 CFR 585.224--BOEM edited this provision to ensure 
consistency with 30 CFR 585.503 regarding a lessee's first rent 
payment, and made a small grammatical edit.
     30 CFR 585.231--BOEM made small changes and some 
grammatical edits in (d), (e), and (f), and changed the number of 
months of rent owed in (g)(2).
     30 CFR 585.235--BOEM made small wording changes in (a)(1), 
(a)(3), and (a)(4), clarified the language about the start of the 
operations term in the event a SAP/Construction and Operations Plan 
(COP) is submitted in (a)(3), and moved text from the second to third 
column in (a)(4).
     30 CFR 585.236--BOEM reformatted the table slightly.
     30 CFR 585.303--BOEM edited (a) to make a small 
grammatical change and mirror the title of the provision in the 
regulatory text, and added clarifying language in (b).
     30 CFR 585.500, 503, and 505--BOEM coordinated with the 
Department of the Interior's Office of Natural Resources Revenue (ONRR) 
and determined that certain citations to the ONRR regulations in the 
proposed rule were incorrect. Accordingly, sections 500(a) & (b), 503 
(a)(1) and 505(b) were revised. In addition, edits were made to ensure 
consistency with requirements in other regulatory provisions and to 
effectively communicate to lessees how to make first-year rent 
payments. BOEM also made a small grammatical edit in 30 CFR 585.500.
     30 CFR 585.611--BOEM edited this provision to align the 
language with BOEM's standard for determining if previous environmental 
analyses adequately cover the proposed activities for environmental 
review purposes by, for example, replacing ``substantially 
inconsistent'' with ``significantly different.'' Additionally, BOEM 
made small grammatical edits and eliminated the passive voice.
     30 CFR 585.612--In this section, and in all other sections 
where the term ``State CZM agency'' was used, BOEM replaced this term 
with a new reference

[[Page 21619]]

to ``applicable State CZMA agency or agencies,'' consistent with the 
approach used in new text included in 30 CFR 585.306 and 231. BOEM also 
changed the wording in the first row of the table.
     30 CFR 585.627--BOEM edited (a) to eliminate the 
references to competitive and noncompetitive leasing and make small 
grammatical changes, and corrected statutory and regulatory references 
in (b).
     30 CFR 585.628--BOEM edited (c) to: (1) Provide consistent 
terminology (``applicable State CZMA agency or agencies'') and, (2) 
clarify that the developer is responsible for providing this set of 
information to the applicable State CZMA agency or agencies in the 
event that the COP is submitted to BOEM prior to lease issuance, 
pursuant to 15 CFR part 930, subpart D.
     30 CFR 585.646--BOEM made small changes to (a) of this 
provision to ensure that the text mirrors the language in 30 CFR 
585.611 and to eliminate the passive voice. BOEM edited (b) to align 
the language with BOEM's standard for determining if previous 
environmental analyses adequately cover the proposed activities for 
environmental review purposes by, for example, replacing 
``substantially inconsistent'' with ``significantly different,'' to 
remove an unnecessary reference to CZMA, to make small grammatical 
changes, and to eliminate the passive voice.
     30 CFR 585.647--BOEM changed some of the wording to align 
with the new text included in 30 CFR 585.306 and 231, (``applicable 
State CZMA agency or agencies''), to fix an incorrect regulatory 
citation, and to change the wording in the first row of the table.
    Finally, BOEM made certain other changes to the regulatory text 
included in the proposed rule based on comments received, as described 
below in the Response to Comments Matrix.

Legal Authority

    The authority for this rulemaking is the broad rulemaking provision 
of the 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.
    Section 8(p)(8) of OCSLA (43 U.S.C. 1337(p)(8)) provides 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, which authorizes the Secretary 
to issue any necessary regulations to carry out subsection 8(p) of 
OCSLA.

Response to Comments Matrix and Other Preamble Text

    BOEM published a proposed rule entitled, ``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 the Federal Register on February 25, 2013, with a 30-
day request for comments period.
    BOEM received nine comment letters from interested stakeholders, 
and carefully considered them prior to finalizing the rulemaking. 
Generally, commenters were supportive of extending the timing 
requirements for developers to submit SAPs and GAPs. Some comments 
suggested edits to the text of the rulemaking, requested clarifications 
as to the applicability of the rulemaking, and/or raised questions 
about the necessity of the rulemaking. Responses to those comments are 
contained in the table below.

------------------------------------------------------------------------
            Comment received                      BOEM response
------------------------------------------------------------------------
BOEM should revise the definition of     BOEM has decided against adding
 the term ``CZMA State'' by cross         the new term ``CZMA State'' in
 referencing the National Oceanic and     this rulemaking.
 Atmospheric Administration's Office of
 Ocean and Coastal Resource
 Management's Federal consistency rules.
BOEM should not require that a           BOEM has made this requested
 developer submitting an unsolicited      change and accordingly will
 request for a lease or grant include     not add this requirement to 30
 in the request a consistency             CFR 585.230 or 585.305. These
 certification and associated necessary   developers are now required to
 data and information pursuant to CZMA    submit a consistency
 regulations at 15 CFR part 930 subpart   certification and the
 D.                                       associated necessary data and
                                          information under CZMA only
                                          after BOEM has determined that
                                          there is no competitive
                                          interest in the proposed
                                          project.
The proposed rule should address cable-  BOEM did not make this
 related easements early at the lease     requested change. The agency
 sale or SAP or GAP stage, rather than    believes that it would be
 later as part of a COP.                  premature to consider and
                                          analyze cable locations until
                                          commercial wind lessees have
                                          conducted necessary surveys
                                          and lessees are able to
                                          consider the layout of their
                                          commercial projects when
                                          making siting decisions about
                                          transmission cables.
BOEM should edit 30 CFR 585.102 to       BOEM made this requested
 bring it into conformity with 30 CFR     change.
 585.203, such that the first sentence
 of 30 CFR 585.102(e) uses ``and''
 instead of ``or.''
The new proposed 30 CFR 585.612(b)       BOEM made this requested
 should refer to 15 CFR part 930          change.
 instead of 15 CFR part 93.
To avoid confusion, BOEM should clarify  BOEM will address any such
 that BOEM regulations (see 30 CFR        confusion with the appropriate
 585.231 and 585.306) regarding the       parties on a project-by-
 applicable CZMA consistency review       project basis.
 process do not apply to pending lease
 applications for which BOEM has issued
 a determination of no competitive
 interest prior to this rule's
 effective date.
Please provide more detail on the        At the time that this proposed
 number of SAPs and GAPs that have been   rulemaking was published, BOEM
 filed, the bureau's use of this          had only received one such
 information, the actions taken against   plan. However, after receiving
 any companies that have filed plans      (1) informal feedback on these
 late, and any requests to change these   timing requirements from
 filing deadlines.                        industry and (2) requests to
                                          depart from these timing
                                          requirements pursuant to 30
                                          CFR 585.103, BOEM came to the
                                          conclusion that the existing
                                          timing requirements were
                                          impractical. The comments
                                          received in response to the
                                          proposed rulemaking were
                                          generally supportive of
                                          extending the required
                                          timelines for plan submission.
------------------------------------------------------------------------


[[Page 21620]]

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. The Office 
of Information and Regulatory Affairs 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 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 makes administrative corrections 
and clarifications to the existing regulations. Other changes consist 
of the reorganization of selected renewable energy regulations.
    Because this rule makes only minor alterations and changes to 
requirements for leasing, compliance, or enforcement from those set 
forth in existing regulations, no costs are estimated for this 
rulemaking.
    (1) This rule will 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 rule will not create a serious inconsistency or otherwise 
interfere with an action taken or planned by another agency.
    (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.). 
This rulemaking will 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 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 apply to all entities operating to develop renewable 
resources on the OCS.

Unfunded Mandates Reform Act of 1995

    This rule does not impose an unfunded mandate on state, local, or 
tribal governments, or the private sector, of more than $100 million 
per year. This rule does 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 will not have 
significant takings implications. This rule will 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 rule will not have 
federalism implications. This rule will not substantially 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, BOEM has evaluated this rule and 
determined that it will have no substantial effects on federally 
recognized Indian tribes.

Paperwork Reduction Act (PRA) of 1995

    This 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 
(30,902 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. The issuance of this rule 
is categorically excluded from NEPA review because it meets the 
criteria set forth in 43 CFR 46.210(i) in that this rule is ``. . . of 
an

[[Page 21621]]

administrative, financial, legal, technical, or procedural nature . . 
.'' Furthermore, we have evaluated this 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 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 
helpful.
    If you feel that we have not met these requirements, send your 
comments to Mr. Loren Thompson, Regulatory Liaison Officer, Office of 
Policy, Regulations and Analysis, Bureau of Ocean Energy Management, 
U.S. Department of the Interior, 1849 C St. NW., Washington, DC 20240 
or to Loren.Thompson@boem.gov.

List of Subjects

30 CFR Part 585

    Assessment plans, Coastal zone, Continental shelf, Electric power, 
Energy, Environmental impact statements, Environmental protection, 
Incorporation by reference, Offshore energy, Marine resources, Natural 
resources, Planning, Public lands, Public lands--rights-of-way, 
Renewable energy, Reporting and recordkeeping requirements, Revenue 
sharing, Solar energy, Wind energy.

30 CFR Part 590

    Administrative practice and procedure, Appeals, Payments.

    Dated: April 7, 2014.
Tommy P. Beaudreau,
Principal Deputy Assistant Secretary, Land and Minerals Management.

    For the reason stated in the preamble, the Bureau of Ocean Energy 
Management amends 30 CFR 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. Amend Sec.  585.102 by revising 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 executive of any local government, and the 
executive of any Indian Tribe that may be affected by a lease, 
easement, or ROW under this subsection. BOEM may invite any affected 
State Governor, representative of an affected Indian Tribe, and 
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 revising the definition of ``You and your'' 
to read as follows:


Sec.  585.112  Definitions.

* * * * *
    You and your means an applicant, lessee, the operator, or 
designated operator, ROW grant holder, RUE grant holder, or Alternate 
Use RUE grant holder under this part, or the designated agent of any of 
these, or the possessive of each, depending on the context. The terms 
You and your also include 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 affected State, 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, including 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 
preservation officers pursuant to the National Historic Preservation 
Act (NHPA).

0
5. Amend Sec.  585.211 by revising 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 
affected State, any Indian Tribe that might be affected, 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. Amend Sec.  585.212 by revising 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. Amend Sec.  585.224 by revising paragraph (b) to read as follows:


Sec.  585.224  What happens if BOEM accepts my bid?

* * * * *
    (b) Within 45 days after you receive the lease copies, you must pay 
the first

[[Page 21622]]

12-months' rent as required in Sec.  585.503.
* * * * *
0
8. Amend Sec.  585.231 by revising 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. After BOEM publishes this 
notice, you will be responsible for submitting any required consistency 
certification and necessary data and information pursuant to 15 CFR 
part 930, subpart D to the applicable State CZMA agency or agencies and 
BOEM.
    (e) BOEM will coordinate and consult with affected Federal 
agencies, 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. Amend Sec.  585.235 by revising 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:

------------------------------------------------------------------------
                                       Automatic
           Lease term                 extensions         Requirements
------------------------------------------------------------------------
(1) Each commercial lease will    If BOEM receives a  The SAP must meet
 have a preliminary term of 12     SAP that            the requirements
 months, within which the lessee   satisfies the       of Sec.  Sec.
 must submit: (i) a SAP; or (ii)   requirements of     585.605 through
 a combined SAP and Construction   Sec.  Sec.          585.613. The SAP/
 and Operations Plan (COP). The    585.605 through     COP must meet the
 preliminary term begins on the    585.613 or a SAP/   requirements of
 effective date of the lease.      COP that            Sec.  Sec.
                                   satisfies the       585.605 through
                                   requirements of     585.613 and Sec.
                                   Sec.  Sec.          Sec.   585.620
                                   585.605 through     through 585.629.
                                   585.613 and Sec.
                                   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  If we receive a     The COP must meet
 a site assessment term of five    COP that            the requirements
 years to conduct site             satisfies the       of Sec.  Sec.
 assessment activities and to      requirements of     585.620 through
 submit a COP, if a SAP/COP has    Sec.  Sec.          585.629 of this
 not been submitted. Your site     585.620 through     part.
 assessment term begins when       585.629, the site
 BOEM approves your SAP or SAP/    assessment term
 COP.                              will be
                                   automatically
                                   extended for the
                                   period of time
                                   necessary for us
                                   to conduct
                                   technical and
                                   environmental
                                   reviews of the
                                   COP.
(3) A commercial lease will have  ..................  The lease renewal
 an operations term of 25 years,                       request must meet
 unless a longer term is                               the requirements
 negotiated by the parties. A                          in Sec.  Sec.
 request for lease renewal must                        585.425 through
 be submitted two years before                         585.429.
 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 on
 the earliest of the following
 dates: five years after BOEM
 approves the SAP/COP; when
 fabrication begins; or, when
 installation commences.
(4) A commercial lease may have   ..................  NOTE: BOEM may
 additional time added to the                          also order or
 operations term through a lease                       grant a
 renewal. The term of the lease                        suspension of the
 renewal will not exceed the                           operations term,
 original term of the lease,                           as provided in
 unless a longer term is                               Sec.  Sec.
 negotiated by the parties. The                        585.415 through
 lease renewal term begins upon                        585.421 thereby
 expiration of the original                            effectively
 operations term.                                      extending the
                                                       term of the
                                                       lease.
------------------------------------------------------------------------

* * * * *

0
10. Amend Sec.  585.236 by revising 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:

------------------------------------------------------------------------
                                     Extension or
           Lease term                 suspension         Requirements
------------------------------------------------------------------------
(1) Each limited lease has a      If we receive a     The GAP must meet
 preliminary term of 12 months     GAP that            the requirements
 to submit a GAP. The              satisfies the       of Sec.  Sec.
 preliminary term begins on the    requirements of     585.640 through
 effective date of the lease.      Sec.  Sec.          585.648.
                                   585.640 through
                                   585.648 of this
                                   part, the
                                   preliminary term
                                   will be
                                   automatically
                                   extended for the
                                   period of time
                                   necessary for us
                                   to conduct a
                                   technical and
                                   environmental
                                   review of the
                                   plans.

[[Page 21623]]

 
(2) Each limited lease has an     We may order or
 operations term of five years     grant a
 for conducting site assessment,   suspension of the
 technology testing, or other      operations term
 activities. The operations term   as provided in
 begins on the date that we        Sec.  Sec.
 approve your GAP.                 585.415 through
                                   585.421.
------------------------------------------------------------------------

* * * * *

0
11. Revise Sec.  585.303 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 for your grant to remain in effect. However, you may submit a GAP 
prior to the issuance of your ROW or RUE grant.
    (b) Except as described in paragraph (a) of this section, your ROW 
grant or RUE grant will remain in effect for as long as the associated 
activities are properly maintained and used for the purpose for which 
the grant was made, unless otherwise expressly stated in the grant.

0
12. Amend Sec.  585.306 by revising paragraph (b) and by removing 
paragraph (c).
    The revision reads as follows:


Sec.  585.306  What action will BOEM take on my request?

* * * * *
    (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. After BOEM publishes this notice, you 
will be responsible for submitting any required consistency 
certification and necessary data and information pursuant to 15 CFR 
part 930, subpart D to the applicable State CZMA agency or agencies and 
BOEM. We will establish terms and conditions for the grant in 
consultation with you.

0
13. Amend Sec.  585.309 by revising the introductory text to read as 
follows:


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
14. Amend Sec.  585.500 by revising 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 
https://www.boem.gov, and you must include one copy of the Pay.gov 
confirmation receipt page with your unsolicited request.
    (b) For all other required rent payments and for operating fee 
payments, you must make your payments as required in 30 CFR 1218.51.
* * * * *

0
15. Amend Sec.  585.503 by revising 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 initial 12-months' rent 45 days after you 
receive the lease copies from BOEM in accordance with the requirements 
provided in Sec.  585.500(a).
* * * * *

0
16. Amend Sec.  585.505 by revising 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 the initial 12-months' rent 45 days after you 
receive the lease copies from BOEM in accordance with the requirements 
provided in Sec.  585.500(a).
* * * * *

0
17. Amend Sec.  585.601 by:
0
a. Revising the introductory text and paragraph (a);
0
b. Removing paragraph (b);
0
c. Re-designating paragraphs (c) and (d) as paragraphs (b) and (c).
    The revisions 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 lease or grant issuance.
* * * * *

0
18. 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 BOEM has not previously 
reviewed site assessment activities under NEPA 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 SAP.
    (b) For a SAP submitted for an area in which BOEM has previously 
considered site assessment activities 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 effects of your proposed SAP activities are significantly 
different than those previously anticipated, we may determine that 
additional 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.

[[Page 21624]]

 
(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        As required by the Endangered
 species.                            Species Act (ESA) of 1973 (16
                                     U.S.C. 1531 et seq.).
(5) Sensitive biological resources  Essential fish habitat, refuges,
 or habitats.                        preserves, special management areas
                                     identified in coastal management
                                     programs, sanctuaries, rookeries,
                                     hard bottom habitat, chemosynthetic
                                     communities, 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,   As identified by BOEM.
 and activities.
------------------------------------------------------------------------


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


Sec.  585.612  How will my SAP be processed for Federal consistency 
under theCoastal Zone Management Act?

    Your SAP will be processed based on whether it is submitted before 
or after your lease is issued:

------------------------------------------------------------------------
                                     Consistency review of your SAP will
     If your SAP is submitted:             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 applicable State
                                     CZMA agency or agencies 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 part 930,
                                     subpart E to BOEM. BOEM will
                                     forward to the applicable State
                                     CZMA agency or agencies 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
20. Amend Sec.  585.627 by revising paragraphs (a) and (b) to read as 
follows:


Sec.  585.627  What information and certifications must I submit with 
my COP to assist the BOEM in complying with NEPA and other relevant 
laws?

    (a) You must submit with your COP detailed information to assist 
BOEM in complying with NEPA and other relevant laws. Your COP 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 COP, 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, seagrasses, and plant
                                     life.
(4) Threatened or endangered        As defined by the ESA (16 U.S.C.
 species.                            1531 et seq.).
(5) Sensitive biological resources  Essential fish habitat, refuges,
 or habitats.                        preserves, special management areas
                                     identified in coastal management
                                     programs, sanctuaries, rookeries,
                                     hard bottom habitat, chemosynthetic
                                     communities, 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 resources.  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.....  As required by the CZMA regulations:
                                    (i) 15 CFR part 930, subpart D, if
                                     your COP is submitted before lease
                                     issuance.
                                    (ii) 15 CFR part 930, subpart E, if
                                     your COP is submitted after lease
                                     issuance.
(10) Other resources, conditions,   As identified by BOEM.
 and activities.
------------------------------------------------------------------------


[[Page 21625]]

    (b) You must submit one paper copy and one electronic copy of your 
consistency certification. Your consistency certification must include:
    (1) One copy of your consistency certification under either 
subsection 307(c)(3)(B) of the CZMA (16 U.S.C. 1456(c)(3)(B)) and 15 
CFR 930.76 or subsection 307(c)(3)(A) of the CZMA (16 U.S.C. 
1456(c)(3)(A)) and 15 CFR 930.57, stating that the proposed activities 
described in detail in your plans comply with the State(s) approved 
coastal management program(s) and will be conducted in a manner that is 
consistent with such program(s); and
    (2) ``Necessary data and information,'' as required by 15 CFR 
930.58.
* * * * *

0
21. Amend Sec.  585.628 by revising paragraph (c) to read as follows:


Sec.  585.628  How will BOEM process my COP?

* * * * *
    (c) If your COP is submitted after lease issuance, BOEM will 
forward one copy of your COP, consistency certification, and associated 
data and information under the CZMA to the applicable State CZMA agency 
or agencies after all information requirements for the COP are met.
* * * * *

0
22. Amend Sec.  585.640 by revising 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 BOEM has not reviewed GAP 
activities under NEPA 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 BOEM has considered 
GAP activities 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 effects of your proposed GAP 
activities are significantly different than those previously 
anticipated, we may determine that additional NEPA 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        As required by the ESA (16 U.S.C.
 species.                            1531 et seq.).
(5) Sensitive biological resources  Essential fish habitat, refuges,
 or habitats.                        preserves, special management areas
                                     identified in coastal management
                                     programs, sanctuaries, rookeries,
                                     hard bottom habitat, chemosynthetic
                                     communities, 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 non-energy 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,   As required by BOEM.
 and activities.
------------------------------------------------------------------------

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:

------------------------------------------------------------------------
                                     Consistency review of your GAP will
     If your GAP is submitted:             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 applicable State
                                     CZMA agency or agencies and BOEM at
                                     the same time.

[[Page 21626]]

 
(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 930, subpart E
                                     to BOEM. BOEM will forward to the
                                     applicable State CZMA agency or
                                     agencies 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.
------------------------------------------------------------------------

PART 590--APPEAL PROCEDURES

0
25. 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
26. Amend Sec.  590.4 by revising 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 https://www.boem.gov, and you must include a 
copy of the Pay.gov confirmation receipt page with your Notice of 
Appeal.
* * * * *

[FR Doc. 2014-08488 Filed 4-16-14; 8:45 am]
BILLING CODE 4320-MR-P