Renewable Energy Modernization Notice of Proposed Rulemaking
New collection (Request for a new OMB Control Number)
No
Regular
Comment filed on proposed rule
04/11/2023
01/30/2023
In accordance with 5 CFR 1320, OMB is filing comment and withholding approval at this time. The agency shall examine public comment in response to the proposed rulemaking and will include in the supporting statement of the next ICRâwhich is to be submitted to OMB at the final rule stageâa description of how the agency has responded to any public comments on the ICR, including comments on maximizing the practical utility of the collection and minimizing the burden. At the final rule ICR stage, BOEM will transfer the hour burden and non-hour cost burden from this collection to OMB Control Number 1010-0176, which expires January 31, 2026, then discontinue the new number associated with this rulemaking.
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The Bureau of Ocean Energy Management (BOEM) is proposing to revise certain BOEM regulatory provisions published in 30 CFR part 585. BOEM has identified opportunities to modernize its regulations to facilitate the development of offshore wind energy resources to meet U.S. climate and renewable energy objectives. This proposed rule contains reforms identified by BOEM and recommended by industry, including proposals for incremental funding of decommissioning accounts; more flexible geophysical and geotechnical survey submission requirements; streamlined approval of meteorological (met) buoys; revised project verification procedures; reform of BOEMâs renewable energy auction process; and greater clarity regarding safety requirements.
US Code:
43 USC 1331-1801
Name of Law: Outer Continental Shelf Lands Act
The proposed regulations would establish new and/or revise current requirements in 30 CFR 585. The proposed rule would increase annual burden hours by 588 and number of responses by 7; the non-hour costs would remain unchanged.
Subpart C. Section 585.231(b) relates to requests for competitive interest during the noncompetitive leasing process. Requests for competitive interest do not constitute an information collection under the PRA implementing regulations at 5 CFR 1320.3(h)(4). Therefore, BOEM proposes removing 16 annual burden hours from the 2023 approval. (-16 annual burden hours)
Subpart E. Proposed § 585.413 would align the regulations with the existing practice allowing lease and grant consolidation. BOEM proposes to add 10 annual burden hours to the 2023 approval to account for submission of applications to consolidate all or part of (+10 annual burden hours)
Subpart F. BOEM previously did not account for burden hours relating to § 585.506(c)(4) because the required reporting of gross annual electrical production by a generating facility uses a DOE form under OMB Control Number 1905-0129. BOEM would like to receive this form. BOEM proposes to add one annual burden hour to the 2023 approval. (+1 annual burden hour)
Subpart G. Proposed § 585.600(a) would significantly revise the requirement for SAPs. Under the proposed rule, a SAP would be required only when site assessment activities involved an engineered foundation. BOEM would not require a SAP for floating site assessment facilities, such as met buoys. BOEM also would have the discretion to waive certain information requirements in a proposed plan, which could add flexibility to the permit application process. BOEM proposes to remove 240 annual burden hours from the 2023 approval. (-240 annual burden hours)
Existing and proposed § 585.615(b) relates to other reports or notices that must be submitted periodically under an approved SAP. With the narrowing of the SAP requirement to site assessment activities only involving an engineered foundation, BOEM estimates fewer reports or notices would be filed under this section. BOEM proposes to remove 60 annual burden hours from the 2023 approval. (-60 burden hours)
Subpart I. Proposed § 585.810 clarifies that an SMS is required to guide activities to develop or operate a lease, from met buoy placement and site assessment work through decommissioning. While a description of the SMS is required to be submitted for review by BOEM with the COP, and for review of a SAP or GAP if the facilities being installed are deemed by BOEM to be complex or significant, this addition makes it clear that a structured approach to safety is both expected and required for all lease-associated work. BOEM proposes to add 70 annual burden hours to the 2023 approval. (+70 annual burden hours)
Proposed § 585.812(b)(i) and (ii) would add new reporting requirements. Proposed § 585.812(b)(i) would require an annual summary of safety performance data covering the previous calendar year during which site assessment, construction, operations, or decommissioning activities occurred by submitting form BOEM-NEW, Performance Data Measures â Renewable Energy. This form would include company identification and number of injuries, illnesses, and hours worked by company employees and contractors. This information would be used to develop incident (+820 annual burden hours)
Proposed § 585.812(b)(ii) would require a summary of the most recent SMS audit, corrective actions implemented or pending because of that audit, and an updated SMS description highlighting changes made since the last report. This report would be due every 3 years or upon BOEMâs request. BOEM proposes to add 5 annual burden hours to the 2023 approval. (+5 burden hours)
For § 585.830(d), BOEM is proposing to remove two burden hours since the burdens for reporting oil spills falls under OMB Control Number 1014-0007. (-2 burden hours)
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.