[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]
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