[Federal Register Volume 88, Number 191 (Wednesday, October 4, 2023)]
[Rules and Regulations]
[Pages 68460-68462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21713]



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DEPARTMENT OF THE INTERIOR

Bureau of Ocean Energy Management

30 CFR Part 585

[Docket No: BOEM-2023-0035]
RIN 1010-AE20


Conformity With the Inflation Reduction Act for Renewable Energy 
on the Outer Continental Shelf

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

ACTION: Direct final rule.

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SUMMARY: The Bureau of Ocean Energy Management (BOEM) is amending its 
renewable energy regulations to update the definition of Outer 
Continental Shelf and add the definition of State in conformity with 
the Inflation Reduction Act.

DATES: This direct final rule is effective on December 4, 2023 without 
further notice, unless BOEM receives adverse comments by November 3, 
2023. If BOEM receives adverse comment that leads it to conclude that 
the rule is controversial, BOEM will publish a timely withdrawal in the 
Federal Register informing the public that the rule will not take 
effect.

ADDRESSES: You may send comments regarding the substance of this rule, 
identified by docket number BOEM-2023-0035 and regulation identifier 
number (RIN) 1010-AE20, using any of the following methods:
     Federal Rulemaking Portal: https://www.regulations.gov. 
Search for BOEM-2023-0035. Follow the instructions to submit public 
comments and view supporting and related materials available for this 
rulemaking.
     U.S. Postal Service or other mail delivery service: 
Address comments to Office of Regulations, Bureau of Ocean Energy 
Management, Department of the Interior, Attention: Peter Meffert, 45600 
Woodland Road, Mailstop: DIR-BOEM, Sterling, VA 20166. All comments 
received by BOEM will be reviewed and may be posted to https://www.regulations.gov, including any personal information provided with 
the submission.

FOR FURTHER INFORMATION CONTACT: Peter Meffert, Office of Regulations, 
BOEM, at (703) 787-1620 or [email protected]; or Karen Thundiyil, 
Chief, Office of Regulations, BOEM, at (202) 742-0970 or 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Legal Authority

    OCSLA authorizes the Secretary of the Interior (the Secretary) to 
regulate certain activities on the OCS of the United States. Under 
section 8(p)(1)(C) of OCSLA, BOEM, acting on behalf of the Secretary, 
may grant a lease, right of use and easement (RUE), or right of way 
(ROW) to support the development of renewable energy projects on the 
OCS. The IRA amendments to OCSLA authorize BOEM to issue such leases, 
RUEs, and ROWs in support of renewable energy activities offshore U.S. 
territories.

II. Background and Purpose

    The Inflation Reduction Act (IRA) Public Law 117-169, amended the 
definition of ``Outer Continental Shelf (OCS)'' in the Outer 
Continental Shelf Lands Act (OCSLA) to include submerged lands within 
the exclusive economic zone (EEZ) adjacent to all U.S. territories. The 
IRA also amended OCSLA by adding a definition of ``State'' to include 
each of the several 50 States of the Union, the Commonwealth of Puerto 
Rico, Guam, American Samoa, U.S. Virgin Islands, and the Commonwealth 
of the Northern Mariana Islands. In a subsection entitled, ``Offshore 
Wind for the Territories,'' the IRA also imposed several deadlines for 
wind energy leasing offshore the U.S. territories. Inflation Reduction 
Act, Public Law 117-169, section 50251(b)(2), 136 Stat. 1818, 2054-55 
(2022). In section 50251(b))(2), the IRA directs the Secretary to issue 
an initial call for information and nominations no later than September 
30, 2025, and authorizes the Secretary to conduct wind energy lease 
sales within the EEZs of the five self-governing U.S. territories in 
areas deemed feasible and of sufficient interest, after the Secretary 
has consulted with the territorial governor.
    To satisfy these new OCSLA requirements, BOEM is incorporating the 
revised definitions of ``outer Continental Shelf'' and ``State'' into 
its existing regulations governing offshore wind energy leasing. See 30 
CFR 585.113 (Definitions). These amendments will simply conform BOEM's 
pre-IRA regulations governing offshore wind energy leasing to Congress' 
command to initiate the regulatory process for wind leasing offshore 
certain territories by a date certain. The Department of the Interior 
is publishing this rule as a direct final rule without prior notice and 
public procedure because it views this action as an administrative, 
noncontroversial action and anticipates no adverse comment. This direct 
final rule does not change any other provisions of BOEM's regulations 
related to the issuance of leases, RUEs, ROWs, or the approval of plans 
to support the development of renewable energy activities on the OCS. 
Thus, the Department for good cause finds that notice and public 
procedure are unnecessary here.

III. Procedural Requirements

A. Statutes

1. National Environmental Policy Act
    This direct final rule does not constitute a major Federal action 
significantly affecting the quality of the human environment. A 
detailed statement under the National Environmental Policy Act (NEPA, 
42 U.S.C. 4321 et seq.) is not required because, as a regulation of an 
administrative nature, this rule is covered by a categorical 
exclusion.\1\ This rule meets the criteria for a categorical exclusion 
because the proposed activities fall within the bounds of 43 CFR 
46.210(i), which address regulatory functions ``that are of an 
administrative, financial, legal, technical, or procedural nature; or 
whose environmental effects are too broad, speculative, or conjectural 
to lend themselves to meaningful analysis and will later be subject to 
the NEPA process, either collectively or case-by-case.'' See also 516 
DM 15.4.C(1). This rule does not authorize any activities, it is 
fundamentally administrative and technical, and it does not have the 
potential to cause significant individual or cumulative effects on the 
quality of the human environment. No activities on the OCS (e.g., site 
characterization and site assessment activities) are expected to occur 
until leases are issued. BOEM will draft and publish an environmental 
analysis document prior to issuance of any lease.
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    \1\ See 43 CFR 46.205.
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    Finally, BOEM has determined that this direct final rule would not 
involve any of the extraordinary circumstances listed in 43 CFR 46.215 
that require further analysis under NEPA.\2\
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    \2\ See 43 CFR 46.215.
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2. Data Quality Act
    In developing this direct final rule, BOEM 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).
3. Regulatory Flexibility Act
    The Regulatory Flexibility Act (RFA, 5 U.S.C. 601 et seq.) requires 
an agency

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to prepare a regulatory flexibility analysis for all rules unless the 
agency certifies that the rule will not have a significant economic 
impact on a substantial number of small entities. The RFA applies only 
to rules for which an agency is required to first publish a proposed 
rule. See 5 U.S.C. 603(a) and 604(a). Because this rule simply conforms 
BOEM's regulations to the updated version of OCSLA, the RFA does not 
apply.
4. Paperwork Reduction Act
    This direct final rule does not contain information collection 
requirements, and, therefore, a submission to OMB under the Paperwork 
Reduction Act (44 U.S.C. 3501 et seq.) is not required. We may not 
conduct or sponsor, and you are not required to respond to, a 
collection of information unless it displays a currently valid OMB 
control number.
5. Unfunded Mandates Reform Act
    This direct final rule does not impose an unfunded mandate on 
State, local, or Tribal governments, or on the private sector, of more 
than $100 million per year. The rule does not have a significant or 
unique effect on State, local, or Tribal governments, or on the private 
sector. Therefore, a statement containing the information required by 
the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is not 
required.
6. Congressional Review Act
    This action is subject to the CRA, 5 U.S.C. 801 et seq. BOEM will 
submit a rule report to each chamber of Congress and to the Comptroller 
General of the United States.
    This action is not a ``major rule'' as defined by 5 U.S.C. 804(2) 
because 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; and
    (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.

B. Executive Orders (E.O.)

1. Governmental Actions and Interference With Constitutionally 
Protected Property Rights (E.O. 12630)
    This direct final rule would have no implications for any 
constitutionally protected private property rights and would not 
interfere with any other procedures or undertakings of the Federal 
Government.
2. Takings Implication Assessment (E.O. 12630)
    This direct final rule does not effect a taking of private property 
or otherwise have takings implications under E.O. 12630. Therefore, a 
takings implication assessment is not required.
3. Regulatory Planning and Review (E.O. 12866); as Amended by Executive 
Order 14094, Modernizing Regulatory Review, and Executive Order 13563, 
Improving Regulation and Regulatory Review
    Executive Order 12866, as amended by Executive Order 14094, 
provides that the Office of Information and Regulatory Affairs (OIRA) 
in the Office of Management and Budget (OMB) will review all 
significant rules. OIRA has determined that this direct final rule is 
not a significant regulatory action, and therefore, it was not 
submitted to OMB for review.
    Executive Order 13563 reaffirms the principles of Executive Order 
12866, as amended by Executive Order 14094, while calling for 
improvements in the Nation's regulatory system to promote 
predictability and reduce uncertainty and to use the best, most 
innovative, and least burdensome tools for achieving regulatory ends. 
Executive Order 13563 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. BOEM has developed this rule 
in a manner consistent with these requirements.
4. Civil Justice Reform (E.O. 12988)
    This direct final rule complies with the requirements of E.O. 
12988. Specifically, this rule meets the criteria of:
    (a) Section 3(a), which requires that all regulations be reviewed 
to eliminate errors and ambiguity and be written to minimize 
litigation; and
    (b) Section 3(b)(2), which requires that all regulations be written 
in clear language and contain clear legal standards.
5. Federalism (E.O. 13132)
    Under the criteria in section one of E.O. 13132, this direct final 
rule does not have sufficient federalism implications to warrant the 
preparation of a federalism summary impact statement. This rule merely 
conforms the terms in 30 CFR part 585 with those in OCSLA. Therefore, a 
federalism summary impact statement is not required.
6. Consultation and Coordination With Indian Tribal Governments (E.O. 
13175 and Departmental Policy)
    Executive Order 13175 defines ``policies that have tribal 
implications'' as regulations, legislative comments, proposed 
legislation, and other policy statements or actions that have 
substantial direct effects on one or more Indian Tribes, or on the 
relationship between the Federal Government and one or more Indian 
Tribes.
    We have evaluated this direct final rule under E.O. 13175 and 
Department of the Interior consultation policies and have determined 
that this direct final rule would not have implications for any 
federally recognized Indian Tribe or Alaska Native Claims Settlement 
Act corporation. As noted in the NEPA discussion above, this direct 
final rule is fundamentally administrative in nature. This rule simply 
implements a statutory direction. No activities on the OCS (e.g., site 
characterization and site assessment activities) are expected to occur 
until leases are issued, and BOEM will consider Tribal implications of 
any particular proposed leases before any lease sale.
7. Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use (E.O. 13211)
    The IRA amendments to OCSLA granted the Secretary the authority to 
issue leases for renewable energy activities to take place offshore the 
U.S. territories. This direct final rule only conforms BOEM's existing 
regulations for wind energy leasing with that authorization and with 
Congress' mandate to initiate the regulatory planning process for wind 
leases offshore certain territories by a date certain. Further, this 
rule does not authorize any specific activities. Consequently, this 
rule is not a significant regulatory action under E.O. 12866, and it 
does not have a significant adverse effect on the supply, distribution, 
or use of energy.
8. Clarity of This Regulation
    BOEM is 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 that BOEM publishes must:
    (1) Be logically organized;
    (2) Use the active voice to address readers directly;
    (3) Use clear language rather than jargon;

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    (4) Be divided into short sections and sentences; and
    (5) Use lists and tables wherever possible.
    If you feel that BOEM has not met these requirements, send comments 
by one of the methods listed in the ADDRESSES section.

List of Subjects in 30 CFR Part 585

    Administrative practice and procedure, Continental shelf, Energy, 
Intergovernmental relations, Marine resources, Natural resources, 
Renewable energy, Rights-of-way.

    This action by the Principal Deputy Assistant Secretary is taken 
herein pursuant to an existing delegation of authority.

Laura Daniel-Davis,
Principal Deputy Assistant Secretary, Land and Minerals Management.

    For the reasons stated in the preamble, the BOEM amends 30 CFR part 
585 as follows:

PART 585--RENEWABLE ENERGY ON THE OUTER CONTINENTAL SHELF

0
1. The authority citation for part 585 continues to read as follows:

    Authority: 43 U.S.C. 1337.


0
2. Amend Sec.  585.113 by revising the definition of ``Outer 
Continental Shelf (OCS)'' and by adding the definition of ``State'' in 
alphabetical order to read as follows:


Sec.  585.113  Definitions.

* * * * *
    Outer Continental Shelf (OCS) means all submerged lands lying 
seaward and outside of the area of lands beneath navigable waters as 
defined in the Submerged Lands Act (43 U.S.C. 1301) and of which the 
subsoil and seabed appertain to the United States and are subject to 
its jurisdiction and control or within the exclusive economic zone of 
the United States and adjacent to any territory of the United States; 
and does not include any area conveyed by Congress to a territorial 
government for administration.
* * * * *
    State means:
    (1) Each of the several States;
    (2) The Commonwealth of Puerto Rico;
    (3) Guam;
    (4) American Samoa;
    (5) The United States Virgin Islands; and
    (6) The Commonwealth of the Northern Mariana Islands.
* * * * *
[FR Doc. 2023-21713 Filed 10-3-23; 8:45 am]
BILLING CODE 4310-MR-P