[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.

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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\
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    \1\ 43 U.S.C. 1337(p)(8).
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    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.
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    \2\ 30 CFR 585.101(c).
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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.
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    \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.
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    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\
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    \5\ 30 CFR 585.400-585.402, 585.813-585.833.
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    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\
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    \6\ 30 CFR 585.400-585.402.
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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).
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    \7\ DOI notes that the USCG regulations do not extend to 
workplace safety on OCS renewable energy facilities.
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    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