Leasing of Sulfur or Oil and Gas in the Outer Continental Shelf; Correction MMAA104000, 34274-34275 [2016-12095]

Download as PDF 34274 Federal Register / Vol. 81, No. 104 / Tuesday, May 31, 2016 / Rules and Regulations Federal Regulations part 771, and title 49, Code of Federal Regulations part 662, as follows: TITLE 23—Highways PART 771—ENVIRONMENTAL IMPACT AND RELATED PROCEDURES 1. Revise the authority citation for part 771 to read as follows: ■ Authority: 42 U.S.C. 4321 et seq.; 23 U.S.C. 106, 109, 128, 138, 139, 315, 325, 326, and 327; 49 U.S.C. 303; 40 CFR parts 1500– 1508; 49 CFR 1.81, 1.85, and 1.91; Pub. L. 109–59, 119 Stat. 1144, Sections 6002 and 6010; Pub. L. 112–141, 126 Stat. 405, Sections 1315, 1316, 1317, 1318, and 1319; Pub. L. 114–94, 129 Stat. 1312, Sections 1314 and 1315. 2. Revise § 771.117(c)(23) and (g) introductory text to read as follows: ■ § 771.117 FHWA categorical exclusions. * * * * * (c) * * * (23) Federally-funded projects: (i) That receive less than $5,000,000 (as adjusted annually by the Secretary to reflect any increases in the Consumer Price Index prepared by the Department of Labor, see www.fhwa.dot.gov or www.fta.dot.gov) of Federal funds; or (ii) With a total estimated cost of not more than $30,000,000 (as adjusted annually by the Secretary to reflect any increases in the Consumer Price Index prepared by the Department of Labor, see www.fhwa.dot.gov or www.fta.dot.gov) and Federal funds comprising less than 15 percent of the total estimated project cost. * * * * * (g) FHWA may enter into programmatic agreements with a State to allow a State DOT to make a NEPA CE certification or determination and approval on FHWA’s behalf, for CEs specifically listed in paragraphs (c) and (d) of this section and that meet the criteria for a CE under 40 CFR 1508.4, and are identified in the programmatic agreement. Such agreements must be subject to the following conditions: * * * * * ■ 3. Revise § 771.118(c)(13) to read as follows: § 771.118 FTA categorical exclusions. asabaliauskas on DSK3SPTVN1PROD with RULES * * * * * (c) * * * (13) Federally-funded projects: (i) That receive less than $5,000,000 (as adjusted annually by the Secretary to reflect any increases in the Consumer Price Index prepared by the Department of Labor, see www.fhwa.dot.gov or www.fta.dot.gov) of Federal funds; or (ii) With a total estimated cost of not more than $30,000,000 (as adjusted VerDate Sep<11>2014 16:39 May 27, 2016 Jkt 238001 annually by the Secretary to reflect any increases in the Consumer Price Index prepared by the Department of Labor, see www.fhwa.dot.gov or www.fta.dot.gov) and Federal funds comprising less than 15 percent of the total estimated project cost. * * * * * TITLE 49—Transportation PART 622—ENVIRONMENTAL IMPACT AND RELATED PROCEDURES 4. Revise the authority citation for part 622 to read as follows: ■ Authority: 42 U.S.C. 4321 et seq.; 49 U.S.C. 303 and 5323(q); 23 U.S.C. 139 and 326; Pub. L. 109–59, 119 Stat. 1144, Sections 6002 and 6010; 40 CFR parts 1500–1508; 49 CFR 1.81; Pub. L. 112–141, 126 Stat. 405, Sections 1315, 1316, 1317, 1318, and 1319; and Pub. L. 114–94, 129 Stat. 1312, Section 1314. [FR Doc. 2016–12577 Filed 5–27–16; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF THE INTERIOR Bureau of Ocean Energy Management 30 CFR Part 556 [Docket ID: BOEM–2016–0031] RIN 1010–AD06 Leasing of Sulfur or Oil and Gas in the Outer Continental Shelf; Correction MMAA104000 Bureau of Ocean Energy Management (BOEM), Interior. ACTION: Final rule; correction. AGENCY: On March 30, 2016, the Bureau of Ocean Energy Management (BOEM) published in the Federal Register a final rule that updates and streamlines the Outer Continental Shelf (OCS) oil and gas and sulfur leasing regulations, which will become effective on May 31, 2016 (81 FR 18111) (‘‘Leasing Rule’’). One of the regulations contained in the final rule was incorrectly stated. This document corrects that error DATES: This correction is effective on May 31, 2016. FOR FURTHER INFORMATION CONTACT: Robert Sebastian, Office of Policy, Regulation and Analysis at (504) 736– 2761 or email at robert.sebastian@ boem.gov. SUMMARY: SUPPLEMENTARY INFORMATION: Need for Correction BOEM has the authority, under certain conditions, to disqualify a party PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 from acquiring a lease or an interest in a lease on the Outer Continental Shelf (OCS). The title, as well as the verbiage, of § 556.403 in the final Leasing Rule, states that BOEM may disqualify entities from ‘‘holding,’’ a lease or lease interest on the OCS. This could be interpreted to imply that BOEM would not allow a disqualified party to retain a preexisting OCS lease interest. That interpretation is incorrect. Disqualified entities may not acquire new leases or lease interests, but they may continue to hold existing leases or lease interests. BOEM is correcting the wording of § 556.403 to avoid the implication that the use of the word ‘‘hold’’ might authorize BOEM, under the conditions stated in § 556.403, to require forfeiture of leases already acquired. The final rule was issued under Docket ID: MMS– 2007–OMM–0069, which has expired and is no longer accessible. Therefore, BOEM is utilizing a new Docket ID for this correction (BOEM–2016–0031). Procedural Requirements Section V, Legal and Regulatory Analyses, of the final rule issued on March 30, 2016 (81 FR 18145), summarizes BOEM’s analyses of that rule pursuant to applicable statutes and executive orders. This amendment does not change the conclusions described in that section because the amendment conforms the regulatory text to BOEM’s intent in the final rule, as then analyzed. Therefore, no additional analysis is necessary. The Administrative Procedure Act, 5 U.S.C. 553(b), provides that, when an agency for good cause finds that ‘‘notice and public procedure . . . are impracticable, unnecessary, or contrary to the public interest,’’ the agency may issue a rule without providing notice and an opportunity for prior public comment. To the extent this rule has substantive effects, it is to relieve regulated parties from sanctions. It does not require any party to change its conduct, and it does not change the rights of any party affected by the final rule. Therefore, BOEM believes that the public would not be interested in commenting on this correction, and thus notice and comment are unnecessary. Moreover, if BOEM were to first publish a proposed rule, allow the public sufficient time to submit comments, analyze the comments, and then publish a final rule, it would not be possible to correct this error and make it effective on the same day as the earlier final rule, May 31, 2016. Accordingly, notice and comment is impracticable. For these reasons, BOEM finds that soliciting public comment is unnecessary and impracticable and that there is good E:\FR\FM\31MYR1.SGM 31MYR1 Federal Register / Vol. 81, No. 104 / Tuesday, May 31, 2016 / Rules and Regulations cause to promulgate this rule without first providing for public comment. Similarly, BOEM finds that there is good cause to waive the usual 30-day delay in the effective date for this correction. This correction will not require any party to adjust its conduct and will not change the effect of the already published final rule. For these reasons, BOEM believes that the public does not need 30 days advance notice of this correction and that a delay in effectiveness is unnecessary. If this correction is not made effective on the same date, it would not become effective until after the erroneous language in the already published rule becomes effective, May 31, 2016. This could cause confusion to anyone potentially affected by § 556.403, making a 30-day delay in effectiveness impracticable. Therefore, pursuant to 5 U.S.C. 553(d), BOEM has determined that a 30-day delay in the effective date is unnecessary and impractical, and there is good cause to waive the delayed effective date for this final rule. Dated: May 16, 2016. Amanda C. Leiter, Acting Assistant Secretary—Land and Minerals Management. 1. The authority citation for part 556 continues to read as follows: ■ Authority: 30 U.S.C. 1701 note, 30 U.S.C. 1711, 31 U.S.C. 9701, 42 U.S.C. 6213, 43 U.S.C. 1331 note, 43 U.S.C. 1334, 43 U.S.C. 1801–1802. 2. Revise § 556.403 to read as follows: asabaliauskas on DSK3SPTVN1PROD with RULES § 556.403 Under what circumstances may I be disqualified from acquiring a lease or an interest in a lease on the OCS? You may be disqualified from acquiring a lease or an interest in a lease on the OCS if: (a) You or your principals are excluded or disqualified from participating in a transaction covered by Federal non-procurement debarment and suspension (2 CFR parts 180 and 1400), unless the Department explicitly approves an exception for a transaction pursuant to the regulations in those parts; (b) The Secretary finds, after notice and hearing, that you or your principals (including in the meaning of ‘‘you,’’ for 16:39 May 27, 2016 Jkt 238001 BILLING CODE 4310–MR–P DEPARTMENT OF HOMELAND SECURITY Coast Guard life on navigable waterways during the regatta. Our regulation for the Annual Dragon Boat Races, Portland, Oregon, § 100.1302, specifies the location of the regulated area for this regatta course as all waters of the Willamette River shore to shore, bordered on the north by the Hawthorne Bridge, and on the south by the Marquam Bridge. As specified in § 100.1302, during the enforcement period, no vessel may transit this regulated area without approval from the Captain of the Port Sector Columbia River (COTP) or a COTP designated representative. This notice of enforcement is issued under authority of 33 CFR 100.1302 and 5 U.S.C. 552 (a). In addition to this notice of enforcement in the Federal Register, the Coast Guard plans to provide notification of this enforcement period via the Local Notice to Mariners and marine information broadcasts. Dated: May 20, 2016. D.J. Travers, Captain, U.S. Coast Guard, Captain of the Port, Sector Columbia River. 33 CFR Part 100 [Docket No. USCG–2016–0356] Coast Guard, DHS. ACTION: Notice of enforcement of regulation. [FR Doc. 2016–12686 Filed 5–27–16; 8:45 am] BILLING CODE 9110–04–P AGENCY: PART 556—LEASING OF SULFUR OR OIL AND GAS AND BONDING REQUIREMENTS IN THE OUTER CONTINENTAL SHELF VerDate Sep<11>2014 [FR Doc. 2016–12095 Filed 5–27–16; 8:45 am] Special Local Regulation; Annual Dragon Boat Races, Portland, Oregon For the reasons stated in the preamble, BOEM amends 30 CFR part 556 (as amended by the final rule published on March 30, 2016, at 81 FR 18111) as follows: ■ purposes of this subparagraph, a bidder or prospective bidder) fail to meet due diligence requirements or to exercise due diligence under section 8(d) of OCSLA (43 U.S.C. 1337(d)) on any OCS lease; or (c) BOEM disqualifies you from acquiring a lease or an interest in a lease on the OCS based on your unacceptable operating performance. BOEM will give you adequate notice and opportunity for a hearing before imposing a disqualification, unless BSEE has already provided such notice and opportunity for a hearing. 34275 The Coast Guard will enforce the special local regulation requirements for the Portland Annual Dragon Boat Races from 7 a.m. until 6 p.m. on June 11, 2016 and 7 a.m. until 6 p.m. on June 12, 2016. This action is necessary to ensure the safety of maritime traffic, including the public vessels present, on the Willamette River during the Portland Annual Dragon Boat Races. During the enforcement period, no person or vessel may transit this regulated area without permission from the Sector Columbia River Captain of the Port or a designated representative. DATES: The regulations in 33 CFR 100.1302 will be enforced from 7 a.m. until 6 p.m., on June 11, 2016 and June 12, 2016. FOR FURTHER INFORMATION CONTACT: If you have questions about this notice of enforcement, call or email Ken Lawrenson, Waterways Management Division, Marine Safety Unit Portland, U.S. Coast Guard; telephone 503–240– 9319, email msupdxwwm@uscg.mil. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce special local regulations in 33 CFR 100.1302 from 7 a.m. until 6 p.m. on June 11, 2016 and 7 a.m. until 6 p.m. on June 12, 2016, for the Portland Annual Dragon Boat races in the Willamette River. This action is being taken to provide for the safety of SUMMARY: PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2016–0426] Drawbridge Operation Regulation; St. Croix River, Stillwater, MN Coast Guard, DHS. Notice of deviation from drawbridge regulations. AGENCY: ACTION: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Stillwater Highway Bridge across the St. Croix River, mile 23.4, at Stillwater, Minnesota. The deviation is necessary due to increased vehicular traffic after a local Independence Day fireworks display. This deviation allows the bridge to remain in the closed-tonavigation position to clear increased vehicular traffic congestion. DATES: This deviation is effective from 10 p.m. to 11:30 p.m., July 4, 2016. ADDRESSES: The docket for this deviation, (USCG–2016–0426) is available at https://www.regulations.gov. Type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this deviation. SUMMARY: E:\FR\FM\31MYR1.SGM 31MYR1

Agencies

[Federal Register Volume 81, Number 104 (Tuesday, May 31, 2016)]
[Rules and Regulations]
[Pages 34274-34275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12095]


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DEPARTMENT OF THE INTERIOR

Bureau of Ocean Energy Management

30 CFR Part 556

[Docket ID: BOEM-2016-0031]
RIN 1010-AD06


Leasing of Sulfur or Oil and Gas in the Outer Continental Shelf; 
Correction MMAA104000

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

ACTION: Final rule; correction.

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

SUMMARY: On March 30, 2016, the Bureau of Ocean Energy Management 
(BOEM) published in the Federal Register a final rule that updates and 
streamlines the Outer Continental Shelf (OCS) oil and gas and sulfur 
leasing regulations, which will become effective on May 31, 2016 (81 FR 
18111) (``Leasing Rule''). One of the regulations contained in the 
final rule was incorrectly stated. This document corrects that error

DATES: This correction is effective on May 31, 2016.

FOR FURTHER INFORMATION CONTACT: Robert Sebastian, Office of Policy, 
Regulation and Analysis at (504) 736-2761 or email at 
robert.sebastian@boem.gov.

SUPPLEMENTARY INFORMATION:

Need for Correction

    BOEM has the authority, under certain conditions, to disqualify a 
party from acquiring a lease or an interest in a lease on the Outer 
Continental Shelf (OCS). The title, as well as the verbiage, of Sec.  
556.403 in the final Leasing Rule, states that BOEM may disqualify 
entities from ``holding,'' a lease or lease interest on the OCS. This 
could be interpreted to imply that BOEM would not allow a disqualified 
party to retain a pre-existing OCS lease interest. That interpretation 
is incorrect. Disqualified entities may not acquire new leases or lease 
interests, but they may continue to hold existing leases or lease 
interests. BOEM is correcting the wording of Sec.  556.403 to avoid the 
implication that the use of the word ``hold'' might authorize BOEM, 
under the conditions stated in Sec.  556.403, to require forfeiture of 
leases already acquired. The final rule was issued under Docket ID: 
MMS-2007-OMM-0069, which has expired and is no longer accessible. 
Therefore, BOEM is utilizing a new Docket ID for this correction (BOEM-
2016-0031).

Procedural Requirements

    Section V, Legal and Regulatory Analyses, of the final rule issued 
on March 30, 2016 (81 FR 18145), summarizes BOEM's analyses of that 
rule pursuant to applicable statutes and executive orders. This 
amendment does not change the conclusions described in that section 
because the amendment conforms the regulatory text to BOEM's intent in 
the final rule, as then analyzed. Therefore, no additional analysis is 
necessary.
    The Administrative Procedure Act, 5 U.S.C. 553(b), provides that, 
when an agency for good cause finds that ``notice and public procedure 
. . . are impracticable, unnecessary, or contrary to the public 
interest,'' the agency may issue a rule without providing notice and an 
opportunity for prior public comment. To the extent this rule has 
substantive effects, it is to relieve regulated parties from sanctions. 
It does not require any party to change its conduct, and it does not 
change the rights of any party affected by the final rule. Therefore, 
BOEM believes that the public would not be interested in commenting on 
this correction, and thus notice and comment are unnecessary. Moreover, 
if BOEM were to first publish a proposed rule, allow the public 
sufficient time to submit comments, analyze the comments, and then 
publish a final rule, it would not be possible to correct this error 
and make it effective on the same day as the earlier final rule, May 
31, 2016. Accordingly, notice and comment is impracticable. For these 
reasons, BOEM finds that soliciting public comment is unnecessary and 
impracticable and that there is good

[[Page 34275]]

cause to promulgate this rule without first providing for public 
comment.
    Similarly, BOEM finds that there is good cause to waive the usual 
30-day delay in the effective date for this correction. This correction 
will not require any party to adjust its conduct and will not change 
the effect of the already published final rule. For these reasons, BOEM 
believes that the public does not need 30 days advance notice of this 
correction and that a delay in effectiveness is unnecessary. If this 
correction is not made effective on the same date, it would not become 
effective until after the erroneous language in the already published 
rule becomes effective, May 31, 2016. This could cause confusion to 
anyone potentially affected by Sec.  556.403, making a 30-day delay in 
effectiveness impracticable. Therefore, pursuant to 5 U.S.C. 553(d), 
BOEM has determined that a 30-day delay in the effective date is 
unnecessary and impractical, and there is good cause to waive the 
delayed effective date for this final rule.

    Dated: May 16, 2016.
Amanda C. Leiter,
Acting Assistant Secretary--Land and Minerals Management.

    For the reasons stated in the preamble, BOEM amends 30 CFR part 556 
(as amended by the final rule published on March 30, 2016, at 81 FR 
18111) as follows:

PART 556--LEASING OF SULFUR OR OIL AND GAS AND BONDING REQUIREMENTS 
IN THE OUTER CONTINENTAL SHELF

0
1. The authority citation for part 556 continues to read as follows:

    Authority: 30 U.S.C. 1701 note, 30 U.S.C. 1711, 31 U.S.C. 9701, 
42 U.S.C. 6213, 43 U.S.C. 1331 note, 43 U.S.C. 1334, 43 U.S.C. 1801-
1802.

0
2. Revise Sec.  556.403 to read as follows:


Sec.  556.403  Under what circumstances may I be disqualified from 
acquiring a lease or an interest in a lease on the OCS?

    You may be disqualified from acquiring a lease or an interest in a 
lease on the OCS if:
    (a) You or your principals are excluded or disqualified from 
participating in a transaction covered by Federal non-procurement 
debarment and suspension (2 CFR parts 180 and 1400), unless the 
Department explicitly approves an exception for a transaction pursuant 
to the regulations in those parts;
    (b) The Secretary finds, after notice and hearing, that you or your 
principals (including in the meaning of ``you,'' for purposes of this 
subparagraph, a bidder or prospective bidder) fail to meet due 
diligence requirements or to exercise due diligence under section 8(d) 
of OCSLA (43 U.S.C. 1337(d)) on any OCS lease; or
    (c) BOEM disqualifies you from acquiring a lease or an interest in 
a lease on the OCS based on your unacceptable operating performance. 
BOEM will give you adequate notice and opportunity for a hearing before 
imposing a disqualification, unless BSEE has already provided such 
notice and opportunity for a hearing.

[FR Doc. 2016-12095 Filed 5-27-16; 8:45 am]
 BILLING CODE 4310-MR-P

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