Department of the Interior Policy Statement on Regulating Workplace Safety and Health Conditions on Renewable Energy Facilities on the Outer Continental Shelf, 55861-55862 [2019-22826]

Download as PDF Federal Register / Vol. 84, No. 202 / Friday, October 18, 2019 / Rules and Regulations be done and the airplane can be put back in an airworthy condition. Any substitutions or changes to procedures or tests identified as RC require approval of an AMOC. (k) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA AD 2019–0091, dated April 26, 2019, for related information. This MCAI may be found in the AD docket on the internet at https:// www.regulations.gov by searching for and locating Docket No. FAA–2019–0500. (2) For more information about this AD, contact Dan Rodina, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206– 231–3225. (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise. (i) Airbus A310 Airworthiness Limitations Section (ALS), Part 2, Damage Tolerant Airworthiness Limitation Items (DT–ALI), Revision 03, dated December 14, 2018. (ii) Airbus A310 Airworthiness Limitations Section (ALS), Part 2, Damage Tolerant Airworthiness Limitation Items (DT–ALI), Variation 3.1, Issue 01, dated December 20, 2018. (3) For service information identified in this AD, contact Airbus SAS, Airworthiness Office—EAW, Rond-Point Emile Dewoitine No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email account.airworth-eas@ airbus.com; internet https://www.airbus.com. (4) You may view this service information at the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. (5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email fedreg.legal@nara.gov, or go to: https:// www.archives.gov/federal-register/cfr/ibrlocations.html. Issued in Des Moines, Washington, on October 3, 2019. Dionne Palermo, Acting Director, System Oversight Division, Aircraft Certification Service. BILLING CODE 4910–13–P VerDate Sep<11>2014 15:43 Oct 17, 2019 Jkt 250001 Bureau of Safety and Environmental Enforcement 30 CFR Part 250 Bureau of Ocean Energy Management 30 CFR Part 585 [201E1700D2 ET1SF0000.EAQ000 EEEE500000] Department of the Interior Policy Statement on Regulating Workplace Safety and Health Conditions on Renewable Energy Facilities on the Outer Continental Shelf Bureau of Ocean Energy Management, Interior; Bureau of Safety and Environmental Enforcement, Interior. ACTION: Notification of policy statement. AGENCY: (l) Material Incorporated by Reference [FR Doc. 2019–22603 Filed 10–17–19; 8:45 am] DEPARTMENT OF THE INTERIOR This policy statement clarifies the role of the Department of the Interior (DOI) in regulating workplace safety and health conditions on renewable energy facilities on the Outer Continental Shelf (OCS). This policy does not apply to workplace safety and health requirements for OCS marine hydrokinetic (i.e., wave, tidal, and ocean current) energy projects, for which operational requirements are within the jurisdiction of the Federal Energy Regulatory Commission, or OCS renewable energy facility support vessels, which are under the authority of the United States Coast Guard (USCG). SUMMARY: This policy statement is effective on October 18, 2019. FOR FURTHER INFORMATION CONTACT: Cheri Hunter, Bureau of Safety and Environmental Enforcement Renewable Energy Program Coordinator, (703) 787– 1681, or by email: cheri.hunter@ bsee.gov. DATES: SUPPLEMENTARY INFORMATION: Authority The Energy Policy Act of 2005, Public Law 109–58, amended the Outer Continental Shelf Lands Act (OCSLA) to grant the Secretary of the Interior (Secretary) the authority to oversee renewable energy activities on the OCS (43 U.S.C. 1337(p)). Under section 8(p) of OCSLA, the Secretary has the authority to issue leases, rights-of-way (ROW), and rights-of-use and easements (RUE) on the OCS for activities that produce, or that support the production, transportation, or transmission of, energy from sources other than oil and gas, not otherwise authorized by other PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 55861 laws. Section 8(p) also gives the Secretary the specific authority to issue regulations to implement its provisions.1 Pursuant to 43 U.S.C. 1337(p)(4)(A), the Secretary has the statutory authority to ensure that activities conducted on renewable energy leases are carried out in a manner that provides for safety. The DOI has exercised this authority by promulgating regulations that govern renewable energy activities, set forth in 30 CFR part 585, including provisions to ensure that renewable energy activities on the OCS and activities involving the alternate use of OCS facilities for energy or marine-related purposes are conducted in a safe and environmentally sound manner, in conformance with the requirements of subsection 8(p) of the OCS Lands Act, other applicable laws and regulations, and the terms of the lease, ROW grant, RUE grant, or Alternate Use RUE grant.2 These include requirements for Safety Management Systems and selfinspections, as well as provisions for agency-conducted inspections, incident reporting, investigations, and enforcement. See Memorandum of Understanding between the U.S. Department of the Interior and Federal Energy Regulatory Commission, Apr. 9, 2009. DOI Regulatory Requirements Regarding Workplace Safety and Health Under 30 CFR part 585, subpart H, regulated entities 3 must implement a Safety Management System (SMS) for activities conducted on OCS renewable energy leases.4 An SMS provides a structured approach for the identification of hazards and risks, management of risks through identified methods, implementation of policies and procedures to ensure safety, and periodic assessment of conformance to expectations. An SMS addresses the management of both occupational and process safety risks associated with construction, operation, maintenance, and decommissioning of renewable energy facilities. In addition to SMS requirements, DOI has promulgated regulations requiring self- and agency-conducted inspections 1 43 U.S.C. 1337(p)(8). CFR 585.101(c). 3 The requirements are applicable to ‘‘You,’’ which is defined to include ‘‘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,’’ as well as ‘‘contractors and subcontractors of the entities’’ listed previously. 30 CFR 585.112. 4 30 CFR 585.810. 2 30 E:\FR\FM\18OCR1.SGM 18OCR1 55862 Federal Register / Vol. 84, No. 202 / Friday, October 18, 2019 / Rules and Regulations and incident and equipment failure reporting, and providing a range of enforcement tools.5 If a regulated entity fails to design projects or conduct activities in a manner that ensures safety, or otherwise fails to comply with all applicable laws and regulations, DOI’s available enforcement actions include issuing noncompliance notices, ordering cessation of activities, cancelling a lease or grant, and assessing civil penalties.6 DEPARTMENT OF HOMELAND SECURITY Role of DOI ACTION: DOI will act as the principal Federal agency for the regulation and enforcement of safety and health requirements for OCS renewable energy facilities.7 DOI considers its regulatory program, described in part above, to occupy the field of workplace safety and health for personnel and others on OCS renewable energy facilities, and to preempt the applicability of Occupational Safety and Health Administration (OSHA) regulations. See 29 U.S.C. 653(b)(1). In carrying out its responsibilities on the OCS, DOI will collaborate and consult with OSHA on the applicability and appropriateness of workplace safety and health standards for the offshore wind industry and other offshore renewable energy industries. In addition, DOI will continue to collaborate with the USCG to share relevant safety and training information and promote safety on the OCS. In implementing this policy statement, DOI may amend its regulations or issue guidance related to the workplace health or safety of employees on renewable energy facilities on the OCS. SUMMARY: Casey Hammond, Acting Assistant Secretary, Land and Minerals Management. I. Table of Abbreviations [FR Doc. 2019–22826 Filed 10–17–19; 8:45 am] BILLING CODE 4310–VH–P Coast Guard 33 CFR Part 165 [Docket Number USCG–2019–0833] RIN 1625–AA00 Safety Zone; Allegheny River Mile 14.7 to Mile 15, Cheswick, PA Coast Guard, DHS. Temporary final rule. AGENCY: The Coast Guard is establishing a temporary safety zone for all navigable waters of the Allegheny River from mile 14.7 to mile 15. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by a barge-based fireworks display. Entry of vessels or persons into this zone is prohibited unless specifically authorized by Captain of the Port Marine Safety Unit Pittsburgh or a designated representative. DATES: This rule is effective from 7:30 p.m. through 9:30 p.m. on October 19, 2019. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2019– 0833 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email MST2 Charles Morris, Marine Safety Unit Pittsburgh, U.S. Coast Guard, at telephone 412–221–0807, email Charles.F.Morris@uscg.mil. SUPPLEMENTARY INFORMATION: CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code II. Background Information and Regulatory History 5 30 CFR 585.400–585.402, 585.813–585.833. CFR 585.400–585.402. 7 DOI notes that the USCG regulations do not extend to workplace safety on OCS renewable energy facilities. 6 30 VerDate Sep<11>2014 15:43 Oct 17, 2019 Jkt 250001 The Coast Guard is issuing this temporary rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because it is impracticable. After receiving and fully reviewing the event information, circumstances and exact location, the Coast Guard determined that a safety zone was necessary to protect personnel, vessels, and the marine environment from potential hazards created from a barge based firework display. It would be impracticable to complete the full NPRM process for this safety zone because we need to establish it by October 19, 2019 and lack sufficient time to provide a reasonable comment period and then consider those comments before issuing the rule. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Delaying the effective date of this rule would be contrary to public interest because immediate action is needed to protect personnel, vessels, and the marine environment from potential hazards created by the barge based fireworks display. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231). The Captain of the Port Marine Safety Unit Pittsburgh (COTP) has determined that a safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created from a barge based firework display. IV. Discussion of the Rule This rule establishes a safety zone on October 19, 2019, from 7:30 p.m. through 9:30 p.m. The safety zone will cover all navigable waters on the Allegheny River from mile 14.7 to mile 15. The duration of the safety zone is intended to protect personnel, vessels, and the marine environment from potential hazards created by a barge based firework display. No vessel or person will be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. A designated representative is a commissioned, warrant, or petty officer of the U.S. Coast Guard (USCG) assigned to units under the operational control of the COTP. To seek permission to enter, contact the COTP or a designated representative via VHF–FM channel 16, or through Marine Safety Unit Pittsburgh at 412–221–0807. Persons and vessels permitted to enter the safety E:\FR\FM\18OCR1.SGM 18OCR1

Agencies

[Federal Register Volume 84, Number 202 (Friday, October 18, 2019)]
[Rules and Regulations]
[Pages 55861-55862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22826]


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DEPARTMENT OF THE INTERIOR

Bureau of Safety and Environmental Enforcement

30 CFR Part 250

Bureau of Ocean Energy Management

30 CFR Part 585

[201E1700D2 ET1SF0000.EAQ000 EEEE500000]


Department of the Interior Policy Statement on Regulating 
Workplace Safety and Health Conditions on Renewable Energy Facilities 
on the Outer Continental Shelf

AGENCY: Bureau of Ocean Energy Management, Interior; Bureau of Safety 
and Environmental Enforcement, Interior.

ACTION: Notification of policy statement.

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

SUMMARY: This policy statement clarifies the role of the Department of 
the Interior (DOI) in regulating workplace safety and health conditions 
on renewable energy facilities on the Outer Continental Shelf (OCS). 
This policy does not apply to workplace safety and health requirements 
for OCS marine hydrokinetic (i.e., wave, tidal, and ocean current) 
energy projects, for which operational requirements are within the 
jurisdiction of the Federal Energy Regulatory Commission, or OCS 
renewable energy facility support vessels, which are under the 
authority of the United States Coast Guard (USCG).

DATES: This policy statement is effective on October 18, 2019.

FOR FURTHER INFORMATION CONTACT: Cheri Hunter, Bureau of Safety and 
Environmental Enforcement Renewable Energy Program Coordinator, (703) 
787-1681, or by email: [email protected].

SUPPLEMENTARY INFORMATION:

Authority

    The Energy Policy Act of 2005, Public Law 109-58, amended the Outer 
Continental Shelf Lands Act (OCSLA) to grant the Secretary of the 
Interior (Secretary) the authority to oversee renewable energy 
activities on the OCS (43 U.S.C. 1337(p)). Under section 8(p) of OCSLA, 
the Secretary has the authority to issue leases, rights-of-way (ROW), 
and rights-of-use and easements (RUE) on the OCS for activities that 
produce, or that support the production, transportation, or 
transmission of, energy from sources other than oil and gas, not 
otherwise authorized by other laws. Section 8(p) also gives the 
Secretary the specific authority to issue regulations to implement its 
provisions.\1\
---------------------------------------------------------------------------

    \1\ 43 U.S.C. 1337(p)(8).
---------------------------------------------------------------------------

    Pursuant to 43 U.S.C. 1337(p)(4)(A), the Secretary has the 
statutory authority to ensure that activities conducted on renewable 
energy leases are carried out in a manner that provides for safety. The 
DOI has exercised this authority by promulgating regulations that 
govern renewable energy activities, set forth in 30 CFR part 585, 
including provisions to ensure that renewable energy activities on the 
OCS and activities involving the alternate use of OCS facilities for 
energy or marine-related purposes are conducted in a safe and 
environmentally sound manner, in conformance with the requirements of 
subsection 8(p) of the OCS Lands Act, other applicable laws and 
regulations, and the terms of the lease, ROW grant, RUE grant, or 
Alternate Use RUE grant.\2\ These include requirements for Safety 
Management Systems and self-inspections, as well as provisions for 
agency-conducted inspections, incident reporting, investigations, and 
enforcement. See Memorandum of Understanding between the U.S. 
Department of the Interior and Federal Energy Regulatory Commission, 
Apr. 9, 2009.
---------------------------------------------------------------------------

    \2\ 30 CFR 585.101(c).
---------------------------------------------------------------------------

DOI Regulatory Requirements Regarding Workplace Safety and Health

    Under 30 CFR part 585, subpart H, regulated entities \3\ must 
implement a Safety Management System (SMS) for activities conducted on 
OCS renewable energy leases.\4\ An SMS provides a structured approach 
for the identification of hazards and risks, management of risks 
through identified methods, implementation of policies and procedures 
to ensure safety, and periodic assessment of conformance to 
expectations. An SMS addresses the management of both occupational and 
process safety risks associated with construction, operation, 
maintenance, and decommissioning of renewable energy facilities.
---------------------------------------------------------------------------

    \3\ The requirements are applicable to ``You,'' which is defined 
to include ``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,'' as 
well as ``contractors and subcontractors of the entities'' listed 
previously. 30 CFR 585.112.
    \4\ 30 CFR 585.810.
---------------------------------------------------------------------------

    In addition to SMS requirements, DOI has promulgated regulations 
requiring self- and agency-conducted inspections

[[Page 55862]]

and incident and equipment failure reporting, and providing a range of 
enforcement tools.\5\
---------------------------------------------------------------------------

    \5\ 30 CFR 585.400-585.402, 585.813-585.833.
---------------------------------------------------------------------------

    If a regulated entity fails to design projects or conduct 
activities in a manner that ensures safety, or otherwise fails to 
comply with all applicable laws and regulations, DOI's available 
enforcement actions include issuing noncompliance notices, ordering 
cessation of activities, cancelling a lease or grant, and assessing 
civil penalties.\6\
---------------------------------------------------------------------------

    \6\ 30 CFR 585.400-585.402.
---------------------------------------------------------------------------

Role of DOI

    DOI will act as the principal Federal agency for the regulation and 
enforcement of safety and health requirements for OCS renewable energy 
facilities.\7\ DOI considers its regulatory program, described in part 
above, to occupy the field of workplace safety and health for personnel 
and others on OCS renewable energy facilities, and to preempt the 
applicability of Occupational Safety and Health Administration (OSHA) 
regulations. See 29 U.S.C. 653(b)(1).
---------------------------------------------------------------------------

    \7\ DOI notes that the USCG regulations do not extend to 
workplace safety on OCS renewable energy facilities.
---------------------------------------------------------------------------

    In carrying out its responsibilities on the OCS, DOI will 
collaborate and consult with OSHA on the applicability and 
appropriateness of workplace safety and health standards for the 
offshore wind industry and other offshore renewable energy industries.
    In addition, DOI will continue to collaborate with the USCG to 
share relevant safety and training information and promote safety on 
the OCS.
    In implementing this policy statement, DOI may amend its 
regulations or issue guidance related to the workplace health or safety 
of employees on renewable energy facilities on the OCS.

Casey Hammond,
Acting Assistant Secretary, Land and Minerals Management.
[FR Doc. 2019-22826 Filed 10-17-19; 8:45 am]
BILLING CODE 4310-VH-P
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