eCFR 30 CFR Part 285

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eCFR :: 30 CFR Part 285 -- Renewable Energy and Alternate Uses of Existing Facilities on the Outer Continental Shelf

This content is from the eCFR and is authoritative but unofficial.

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Displaying title 30, up to date as of 9/18/2023. Title 30 was last amended 9/08/2023.

Title 30 —Mineral Resources
Chapter II —Bureau of Safety and Environmental Enforcement, Department of the Interior
Subchapter B —Offshore
ENHANCED CONTENT - TABLE OF CONTENTS

Part 285 Renewable Energy and Alternate Uses of Existing Facilities on the Outer
Continental Shelf

https://www.ecfr.gov/current/title-30/chapter-II/subchapter-B/part-285

285.100 – 285.1019

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Subpart A General Provisions
285.100 – 285.118
§ 285.100 Authority.
§ 285.101 What is the purpose of this part?
§ 285.102 What are BSEE's responsibilities under this part?
§ 285.103 When may BSEE prescribe or approve departures from the regulations in this part?
§ 285.104 [Reserved]
§ 285.105 What are my responsibilities under this part?
§§ 285.106-285.109 [Reserved]
§ 285.110 How do I submit applications, reports, or notices required by this part?
§ 285.111 When and how does BSEE charge me processing fees on a case-by-case basis?
§ 285.112 Definitions.
§ 285.113 How will data and information obtained by BSEE under this part be disclosed to the public?
§ 285.114 Paperwork Reduction Act statements—information collection.
§ 285.115 Documents incorporated by reference.
§ 285.116 Requests for information on the state of the offshore renewable energy industry.
§ 285.117 [Reserved]
§ 285.118 What are my appeal rights?
Subparts B and C [Reserved]
Subpart D Lease and Grant Administration
285.400 – 285.437
Noncompliance and Cessation Orders
285.400 – 285.403-285.405
§ 285.400 What happens if I fail to comply with this part?
§ 285.401 When may BSEE issue a cessation order?
§ 285.402 What is the effect of a cessation order?
§ 285.403-285.405 [Reserved]
Responsibility for Fulfilling Obligations
285.406 – 285.407-285.414
§ 285.406 Who is responsible for fulfilling lease and grant obligations?
§ 285.407-285.414 [Reserved]
Lease or Grant Suspension
285.415 – 285.432
§ 285.415 What is a lease or grant suspension?
§ 285.416 [Reserved]
§ 285.417 When may BSEE order a suspension?
§ 285.418 How will BSEE issue a suspension?
§ 285.419 What are my immediate responsibilities if I receive a suspension order?
§ 285.420 What effect does a suspension order have on my payments?
§ 285.421 How long will a suspension be in effect?
§§ 285.422-285.432 [Reserved]
Lease or Grant Termination
285.433 – 285.436
§ 285.433 What must I do after my lease or grant terminates?
§§ 285.434-285.436 [Reserved]
Lease or Grant Cancellation
285.437
§ 285.437 When can my lease or grant be canceled?
Subpart E [Reserved]
Subpart F Information Requirements
285.600 – 285.659

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§§ 285.600-285.601 [Reserved]
§ 285.602 What records must I maintain?
§§ 285.603-285.613 [Reserved]
Activities Under an Approved SAP
285.614 – 285.630
§ 285.614 When may I begin conducting activities under my approved SAP?
§ 285.615 What other reports or notices must I submit to BSEE under my approved SAP?
§§ 285.616-285.630 [Reserved]
Activities Under an Approved COP
285.631 – 285.649
§ 285.631 When must I initiate activities under an approved COP?
§ 285.632 What documents must I submit before I may construct and install facilities under my approved
COP?
§ 285.633 How do I comply with my COP?
§§ 285.634-285.635 [Reserved]
§ 285.636 What notices must I provide BSEE following approval of my COP?
§ 285.637 When may I commence commercial operations on my commercial lease?
§ 285.638 What must I do upon completion of my commercial operations as approved in my COP or FERC
license?
§§ 285.639-285.649 [Reserved]
Activities Under an Approved GAP
285.650 – 285.659
§ 285.650 When may I begin conducting activities under my GAP?
§ 285.651 When may I construct complex or significant OCS facilities on my limited lease or any facilities on
my project easement proposed under my GAP?
§ 285.652 [Reserved]
§ 285.653 What other reports or notices must I submit to BSEE under my approved GAP?
§§ 285.654-285.659 [Reserved]
Subpart G Facility Design, Fabrication, and Installation
285.700 – 285.714
Reports
285.700 – 285.704
§ 285.700 What reports must I submit to BSEE before installing facilities described in my approved SAP, COP,
or GAP?
§ 285.701 What must I include in my Facility Design Report?
§ 285.702 What must I include in my Fabrication and Installation Report?
§ 285.703 What reports must I submit for project modifications and repairs?
§ 285.704 [Reserved]
Certified Verification Agent
285.705 – 285.714
§ 285.705 When must I use a Certified Verification Agent (CVA)?
§ 285.706 How do I nominate a CVA for BSEE approval?
§ 285.707 What are the CVA's primary duties for facility design review?
§ 285.708 What are the CVA's or project engineer's primary duties for fabrication and installation review?
§ 285.709 When conducting onsite fabrication inspections, what must the CVA or project engineer verify?
§ 285.710 When conducting onsite installation inspections, what must the CVA or project engineer do?
§ 285.711 [Reserved]
§ 285.712 What are the CVA's or project engineer's reporting requirements?
§ 285.713 What must I do after the CVA or project engineer confirms conformance with the Fabrication and
Installation Report on my commercial lease?
§ 285.714 What records relating to SAPs, COPs, and GAPs must I keep?
Subpart H Environmental and Safety Management, Inspections, and Facility Assessments 285.800 – 285.833
for Activities Conducted Under SAPs, COPs and GAPs

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§ 285.800 How must I conduct my activities to comply with safety and environmental requirements?
§ 285.801 How must I conduct my approved activities to protect marine mammals, threatened and endangered
species, and designated critical habitat?
§ 285.802 What must I do if I discover a potential archaeological resource while conducting my approved
activities?
§ 285.803 How must I conduct my approved activities to protect essential fish habitats identified and described
under the Magnuson-Stevens Fishery Conservation and Management Act?
§§ 285.804-285.809 [Reserved]
Safety Management Systems
285.810 – 285.812
§ 285.810 What must I include in my Safety Management System?
§ 285.811 When must I follow my Safety Management System?
§ 285.812 [Reserved]
Maintenance and Shutdowns
285.813 – 285.814
§ 285.813 When do I have to report removing equipment from service?
§ 285.814 [Reserved]
Equipment Failure and Adverse Environmental Effects
285.815 – 285.819
§ 285.815 What must I do if I have facility damage or an equipment failure?
§ 285.816 What must I do if environmental or other conditions adversely affect a cable, pipeline, or facility?
§§ 285.817-285.819 [Reserved]
Inspections and Assessments
285.820 – 285.829
§ 285.820 Will BSEE conduct inspections?
§ 285.821 Will BSEE conduct scheduled and unscheduled inspections?
§ 285.822 What must I do when BSEE conducts an inspection?
§ 285.823 Will BSEE reimburse me for my expenses related to inspections?
§ 285.824 How must I conduct self-inspections?
§ 285.825 When must I assess my facilities?
§§ 285.826-285.829 [Reserved]
Incident Reporting and Investigation
285.830 – 285.833
§ 285.830 What are my incident reporting requirements?
§ 285.831 What incidents must I report, and when must I report them?
§ 285.832 How do I report incidents requiring immediate notification?
§ 285.833 What are the reporting requirements for incidents requiring written notification?
Subpart I Decommissioning
285.900 – 285.913

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Decommissioning Obligations and Requirements
285.900 – 285.904
§ 285.900 Who must meet the decommissioning obligations in this subpart?
§ 285.901 When do I accrue decommissioning obligations?
§ 285.902 What are the general requirements for decommissioning for facilities authorized under my SAP,
COP, or GAP?
§ 285.903 What are the requirements for decommissioning FERC-licensed hydrokinetic facilities?
§ 285.904 Can I request a departure from the decommissioning requirements?
Decommissioning Applications
285.905 – 285.908
§ 285.905 When must I submit my decommissioning application?
§ 285.906 What must my decommissioning application include?
§ 285.907 How will BSEE process my decommissioning application?
§ 285.908 What must I include in my decommissioning notice?
Facility Removal
285.909 – 285.911
§ 285.909 When may facilities remain in place following termination of a lease or grant?
§ 285.910 What must I do when I remove my facility?
§ 285.911 [Reserved]
Decommissioning Report
285.912
§ 285.912 After I remove a facility, cable, or pipeline, what information must I submit?
Compliance With an Approved Decommissioning Application
285.913
§ 285.913 What happens if I fail to comply with my approved decommissioning application?
Subpart J Rights of Use and Easement for Energy- and Marine-Related Activities Using
285.1000 – 285.1019
Existing OCS Facilities
Regulated Activities
285.1000 – 285.1013
§ 285.1000 What activities does this subpart regulate?
§§ 285.1001-285.1013 [Reserved]
Alternate Use RUE Administration
285.1014 – 285.1017
§ 285.1014 When will BSEE suspend an Alternate Use RUE?
§ 285.1015 [Reserved]
§ 285.1016 When will an Alternate Use RUE be cancelled?
§ 285.1017 [Reserved]
Decommissioning an Alternate Use RUE
285.1018 – 285.1019
§ 285.1018 Who is responsible for decommissioning an OCS facility subject to an Alternate Use RUE?
§ 285.1019 What are the decommissioning requirements for an Alternate Use RUE?

PART 285—RENEWABLE ENERGY AND ALTERNATE USES OF EXISTING
FACILITIES ON THE OUTER CONTINENTAL SHELF
Authority: 43 U.S.C. 1331 et seq.
Source: 88 FR 6413, Jan. 31, 2023, unless otherwise noted.
Subpart A—General Provisions
§ 285.100 Authority.
The authority for this part derives from the Outer Continental Shelf Lands Act (OCS Lands Act) (43 U.S.C. 1337). The Secretary of the
Interior delegated to the Bureau of Safety and Environmental Enforcement (BSEE) the authority to regulate certain activities. These
regulations specifically apply to activities that:
(a) Produce or support production, transportation, or transmission of energy from sources other than oil and gas; or
(b) Use, for energy-related purposes or for other authorized marine-related purposes, facilities currently or previously used for
activities authorized under the OCS Lands Act.
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§ 285.101 What is the purpose of this part?
The purpose of this part is to:
(a) Inform you and third parties of your obligations when you undertake activities authorized in this part and 30 CFR parts 585
and 586; and
(b) 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 your lease, ROW grant,
RUE grant, or Alternate Use RUE grant.

§ 285.102 What are BSEE's responsibilities under this part?
(a) BSEE will ensure that any activities authorized in this part and 30 CFR parts 585 and 586 are carried out in a manner that
provides for:
(1) Safety;
(2) Protection of the environment;
(3) Prevention of waste;
(4) Conservation of the natural resources of the OCS;
(5) Coordination with relevant Federal agencies (including, in particular, those agencies involved in planning activities that
are undertaken to avoid conflicts among users and maximize the economic and ecological benefits of the OCS,
including multifaceted spatial planning efforts);
(6) Protection of national security interests of the United States;
(7) Protection of the rights of other authorized users of the OCS; and
(8) Oversight, inspection, research, monitoring, and enforcement of activities authorized by a lease or grant issued under
30 CFR parts 585 or 586.
(b) BSEE will require compliance with all applicable laws, regulations, other requirements, and the terms of your lease or grant
issued under 30 CFR parts 585 or 586, and approved plans. BSEE will approve, disapprove, or approve with conditions any
applications or other documents submitted to BSEE for approval under the provisions of this part.
(c) Unless otherwise provided in this part, BSEE may give oral directives or decisions whenever prior BSEE approval is required
under this part. BSEE will document in writing any such oral directives within 10 business days.
(d) BSEE will establish practices and procedures to govern the collection of all payments due under this part to the Federal
Government, including any cost recovery fees and other fees or payments. BSEE will do this in accordance with the terms
of this part, the leasing notice, the lease or grant under 30 CFR parts 585 or 586, and applicable Office of Natural Resources
Revenue (ONRR) regulations or guidance.

§ 285.103 When may BSEE prescribe or approve departures from the regulations in this part?
(a) BSEE may prescribe or approve departures from these regulations when departures are necessary to:
(1) Facilitate the appropriate activities on a lease or grant;
(2) Conserve natural resources;
(3) Protect life (including human and wildlife), property, or the marine, coastal, or human environment; or
(4) Protect sites, structures, or objects of historical or archaeological significance.
(b) Any departure approved under this section and its rationale must:
(1) Be consistent with subsection 8(p) of the OCS Lands Act;
(2) Protect the environment and the public health and safety to the same degree as if there was no approved departure
from the regulations;
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(3) Not impair the rights of third parties; and
(4) Be documented in writing.

§ 285.104 [Reserved]
§ 285.105 What are my responsibilities under this part?
As a lessee, applicant, operator, or holder of a ROW grant, RUE grant, or Alternate Use RUE grant, you must:
(a) Design your projects and conduct all activities in a manner that ensures safety and will not cause undue harm or damage to
natural resources, including their physical, atmospheric, and biological components to the extent practicable; and take
measures to prevent unauthorized discharge of pollutants including marine trash and debris into the offshore environment.
(b) Submit requests, applications, notices, modifications, and supplemental information to BSEE as required by this part;
(c) Follow up, in writing, any oral request or notification you made, within 3 business days;
(d) Comply with the terms, conditions, and provisions of all reports and notices submitted to BSEE, and of all plans, revisions,
and other approvals, as provided in this part and in 30 CFR parts 585 and 586;
(e) Make all applicable payments on time;
(f) Comply with the DOI's nonprocurement debarment regulations at 2 CFR part 1400;
(g) Include the requirement to comply with 2 CFR part 1400 in all contracts and transactions related to a lease or grant under
this part;
(h) Conduct all activities authorized by the lease or grant in a manner consistent with the provisions of subsection 8(p) of the
OCS Lands Act;
(i)

Compile, retain, and make available to BSEE representatives, within the time specified by BSEE, any data and information
related to the site assessment, design, and operations of your project; and

(j)

Respond to requests from the Director in a timely manner.

§§ 285.106-285.109 [Reserved]
§ 285.110 How do I submit applications, reports, or notices required by this part?
(a) You must submit all applications, reports, or notices required by this part to BSEE at the following address: Renewable
Energy Program Coordinator, Bureau of Safety and Environmental Enforcement, 45600 Woodland Road, Sterling, VA 20166.
(b) Unless otherwise stated, you must submit one paper copy and one electronic copy of all applications, reports, or notices
required by this part.

§ 285.111 When and how does BSEE charge me processing fees on a case-by-case basis?
(a) BSEE will charge a processing fee on a case-by-case basis under the procedures in this section with regard to any
application or request under this part if we decide at any time that the preparation of a particular document or study is
necessary for the application or request and it will have a unique processing cost.
(1) Processing costs will include contract oversight and efforts to review and approve documents prepared by
contractors, whether the contractor is paid directly by the applicant or through BSEE.
(2) We may apply a standard overhead rate to direct processing costs.
(b) We will assess the ongoing processing fee for each individual application or request according to the following procedures:
(1) Before we process your application or request, we will give you a written estimate of the proposed fee based on
reasonable processing costs.
(2) You may comment on the proposed fee.
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(3) You may:
(i)

Ask for our approval to perform, or to directly pay a contractor to perform, all or part of any document, study, or
other activity according to standards we specify, thereby reducing our costs for processing your application or
request; or

(ii) Ask to pay us to perform, or contract for, all or part of any document, study, or other activity.
(4) We will then give you the final estimate of the processing fee amount with payment terms and instructions after
considering your comments and any BSEE-approved work you will do.
(i)

If we encounter higher or lower processing costs than anticipated, we will re-estimate our reasonable processing
costs following the procedures in paragraphs (b)(1) through (4) of this section, but we will not stop ongoing
processing unless you do not pay in accordance with paragraph (b)(5) of this section.

(ii) Once processing is complete, we will refund to you the amount of money that we did not spend on processing
costs.
(5)
(i)

Consistent with the payment and billing terms provided in the final estimate, we will periodically estimate what
our reasonable processing costs will be for a specific period and will bill you for that period. Payment is due to us
30 days after you receive your bill. We will stop processing your document if you do not pay the bill by the date
payment is due.

(ii) If a periodic payment turns out to be more or less than our reasonable processing costs for the period, we will
adjust the next billing accordingly or make a refund. Do not deduct any amount from a payment without our prior
written approval.
(6) You must pay the entire fee before we will issue the final document or take final action on your application or request.
(7) You may appeal our estimated processing costs in accordance with the regulations in 43 CFR part 4. We will not
process the document further until the appeal is resolved, unless you pay the fee under protest while the appeal is
pending. If the appeal results in a decision changing the proposed fee, we will adjust the fee in accordance with
paragraph (b)(5)(ii) of this section. If we adjust the fee downward, we will not pay interest.

§ 285.112 Definitions.
Terms used in this part have the meanings as defined in this section: P>Affected State means with respect to any activities proposed,
conducted, or approved under this part, any coastal State—
(1) That is, or is proposed to be, the site of gathering, transmitting, or distributing energy or is otherwise receiving, processing,
refining, or transshipping products, or services derived from activities approved under this part;
(2) That is used, or is scheduled to be used, as a support base for activities approved under this part; or
(3) In which there is a reasonable probability of significant effect on land or water uses from activities approved under this part.
Alternate Use refers to the energy- or marine-related use of an existing OCS facility for activities not otherwise authorized by this
title or other applicable law.
Alternate Use RUE means a right-of-use and easement issued for activities authorized under subpart J of this part or part 586.
Archaeological resource means any material remains of human life or activities that are at least 50 years of age and that are of
archaeological interest (i.e., which are capable of providing scientific or humanistic understanding of past human behavior,
cultural adaptation, and related topics through the application of scientific or scholarly techniques, such as controlled
observation, contextual measurement, controlled collection, analysis, interpretation, and explanation).
BOEM means the Bureau of Ocean Energy Management of the Department of the Interior.
BSEE means the Bureau of Safety and Environmental Enforcement of the Department of the Interior.
Certified Verification Agent (CVA) means an individual or organization, experienced in the design, fabrication, and installation of
offshore marine facilities or structures, who will conduct specified third-party reviews, inspections, and verifications in
accordance with this part.

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Commercial activities mean, for renewable energy leases and grants, all activities associated with the generation, storage, or
transmission of electricity or other energy product from a renewable energy project on the OCS, and for which such
electricity or other energy product is intended for distribution, sale, or other commercial use, except for electricity or other
energy product distributed or sold pursuant to technology-testing activities on a limited lease. This term also includes
activities associated with all stages of development, including initial site characterization and assessment, facility
construction, and project decommissioning.
Commercial lease means a lease issued under 30 CFR part 585 that specifies the terms and conditions under which a person
can conduct commercial activities.
Commercial operations mean the generation of electricity or other energy product for commercial use, sale, or distribution on a
commercial lease.
Decommissioning means removing BOEM and BSEE approved facilities and returning the site of the lease or grant to a condition
that meets the requirements under subpart I of this part and 30 CFR part 585.
Director means the Director of the Bureau of Safety and Environmental Enforcement (BSEE), of the U.S. Department of the
Interior, or an official authorized to act on the Director's behalf.
Facility means an installation that is permanently or temporarily attached to the seabed of the OCS. Facilities include any
structures; devices; appurtenances; gathering, transmission, and distribution cables; pipelines; and permanently moored
vessels. Any group of OCS installations interconnected with walkways, or any group of installations that includes a central
or primary installation with one or more satellite or secondary installations, is a single facility. BOEM and BSEE may decide
that the complexity of the installations justifies their classification as separate facilities.
Grant means a right-of-way, right-of-use and easement, or alternate use right-of-use and easement issued under the provisions
of 30 CFR parts 585 or 586.
Human environment means the physical, social, and economic components, conditions, and factors that interactively determine
the state, condition, and quality of living conditions, employment, and health of those affected, directly or indirectly, by
activities occurring on the OCS.
Lease means an agreement authorizing the use of a designated portion of the OCS for activities allowed under this part or 30
CFR part 585. The term also means the area covered by that agreement, when the context requires.
Lessee means the holder of a lease, a BOEM-approved assignee, and, when describing the conduct required of parties engaged
in activities on the lease, it also refers to the operator and all persons authorized by the holder of the lease or operator to
conduct activities on the lease.
Limited lease means a lease issued under 30 CFR part 585 that specifies the terms and conditions under which a person may
conduct activities on the OCS that support the production of energy, but do not result in the production of electricity or
other energy product for sale, distribution, or other commercial use exceeding a limit specified in the lease.
Natural resources include, without limiting the generality thereof, renewable energy, oil, gas, and all other minerals (as defined in
section 2(q) of the OCS Lands Act), and marine animal and marine plant life.
Operator means the individual, corporation, or association having control or management of activities on the lease or grant
issued under 30 CFR parts 585 or 586. The operator may be a lessee, grant holder, or a contractor designated by the lessee
or holder of a grant issued under 30 CFR parts 585 or 586.
Outer Continental Shelf (OCS) means all submerged lands lying seaward and outside of the area of lands beneath navigable
waters, as defined in section 2 of the Submerged Lands Act (43 U.S.C. 1301), whose subsoil and seabed appertain to the
United States and are subject to its jurisdiction and control.
Person means, in addition to a natural person, an association (including partnerships and joint ventures); a Federal agency; a
State; a political subdivision of a State; a Native American Tribal government; or a private, public, or municipal corporation.
Project, for the purposes of defining the source of revenues to be shared, means a lease ROW, RUE, or Alternate Use RUE on
which the activities authorized under this part or 30 CFR parts 585 or 586 are conducted on the OCS. The term “project”
may be used elsewhere in this rule to refer to these same authorized activities, the facilities used to conduct these
activities, or to the geographic area of the project, i.e., the project area.
Project easement means an easement to which, upon approval of your Construction and Operations Plan (COP) or General
Activities Plan (GAP), you are entitled as part of the lease for the purpose of installing, gathering, transmission, and
distribution cables, pipelines, and appurtenances on the OCS as necessary for the full enjoyment of the lease.

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Renewable energy means energy resources other than oil and gas and minerals as defined in 30 CFR part 580. Such resources
include, but are not limited to, wind, solar, and ocean waves, tides, and current.
Revenues mean bonuses, rents, operating fees, and similar payments made in connection with a project or project area. It does
not include administrative fees such as those assessed for cost recovery, civil penalties, and forfeiture of financial
assurance.
Right-of-use and easement (RUE) grant means an easement issued by BOEM under 30 CFR parts 585 or 586 that authorizes use
of a designated portion of the OCS to support activities on a lease or other use authorization for renewable energy
activities. The term also means the area covered by the authorization.
Right-of-way (ROW) grant means an authorization issued by BOEM under 30 CFR part 585 to use a portion of the OCS for the
construction and use of a cable or pipeline for the purpose of gathering, transmitting, distributing, or otherwise transporting
electricity or other energy product generated or produced from renewable energy, but does not constitute a project
easement under 30 CFR part 585. The term also means the area covered by the authorization.
Secretary means the Secretary of the Interior or an official authorized to act on the Secretary's behalf.
Significant archaeological resource means an archaeological resource that meets the criteria of significance for eligibility for
listing in the National Register of Historic Places, as defined in 36 CFR 60.4, or its successor.
Site assessment activities mean those initial activities conducted to characterize a site on the OCS, such as resource
assessment surveys (e.g., meteorological and oceanographic) or technology testing, involving the installation of bottomfounded facilities.
We, us, and our refer to the Bureau of Safety and Environmental Enforcement of the Department of the Interior, or its possessive,
depending on the context.
You and your means an applicant, lessee, the operator, or designated operator, ROW grant holder, RUE grant holder, or Alternate
Use RUE grant holder under 30 CFR parts 585 or 586, or the designated agent of any of these, or the possessive of each,
depending on the context. The terms you and your also include contractors and subcontractors of the entities specified in
the preceding sentence.

§ 285.113 How will data and information obtained by BSEE under this part be disclosed to the public?
(a) BSEE will make data and information available in accordance with the requirements and subject to the limitations of the
Freedom of Information Act (FOIA) (5 U.S.C. 552) and the regulations contained in 43 CFR part 2.
(b) BSEE will not release such data and information that we have determined is exempt from disclosure under exemption 4 of
FOIA. We will review such data and information and objections of the submitter by the following schedule to determine
whether release at that time will result in substantial competitive harm or disclosure of trade secrets.

If you have a . . .
(1) Commercial lease

Then BSEE will review data and information for possible release:
At the earlier of:
(i) 3 years after the initiation of commercial generation; or
(ii) 3 years after the lease terminates.

(2) Limited lease

At 3 years after the lease terminates.

(3) ROW or RUE grant

At the earliest of:
(i) 10 years after the approval of the grant;
(ii) Grant termination; or
(iii) 3 years after the completion of construction activities.

(c) After considering any objections from the submitter, if we determine that release of such data and information will result in:
(1) No substantial competitive harm or disclosure of trade secrets, then the data and information will be released.
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(2) Substantial competitive harm or disclosure of trade secrets, then the data and information will not be released at that
time but will be subject to further review every 3 years thereafter.

§ 285.114 Paperwork Reduction Act statements—information collection.
(a) The Office of Management and Budget (OMB) has approved the information collection requirements in 30 CFR part 285
under 43 U.S.C. 1331 et seq. and assigned OMB Control Number 1014–0034. The table in paragraph (e) of this section lists
the subparts in the rule requiring the information and its title, summarizes the reasons for collecting the information, and
summarizes how BSEE uses the information.
(b) Respondents are primarily renewable energy applicants, lessees, ROW grant holders, RUE grant holders, Alternate Use RUE
grant holders, and operators. The requirement to respond to the information collection in this part is mandated under
subsection 8(p) of the OCS Lands Act. Some responses are also required to obtain or retain a benefit, or may be voluntary.
(c) The Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) requires us to inform the public that an agency 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.
(d) Comments regarding any aspect of the collections of information under this part, including suggestions for reducing the
burden, should be sent to the Information Collection Clearance Officer, Bureau of Safety and Environmental Enforcement,
45600 Woodland Road, Sterling, VA 20166.
(e) BSEE is collecting this information for the reasons given in the following table:

30 CFR 285 subpart and title

Reasons for collecting information and how used

(1) Subpart A—General Provisions

To inform BSEE of actions taken to comply with general
operational requirements on the OCS. To ensure that operations
on the OCS meet statutory and regulatory requirements, are safe
and protect the environment, and result in diligent development
on OCS leases.

(2) Subpart D—Lease and Grant
Administration

To ensure compliance with regulations pertaining to a lease or
grant, and suspension of leases and grants.

(3)Subpart F—Information
Requirements

To enable BSEE to comply with Federal laws to ensure the safety
of the environment on the OCS.

(4) Subpart G—Facility Design,
Fabrication, and Installation

To enable BSEE to review the final design, fabrication, and
installation of facilities on a lease or grant to ensure that these
facilities are designed, fabricated, and installed according to
appropriate standards in compliance with BSEE provisions, and
where applicable, the approved plan.

(5) Subpart H—Environmental and
Safety Management, Inspections, and
Facility Assessments for Activities
Conducted Under SAPs, COPs, and
GAPs

To ensure that lease and grant operations are conducted in a
manner that is safe and protects the environment. To ensure
compliance with other Federal laws, these regulations, the lease
or grant, and approved plans.

(6) Subpart I—Decommissioning

To determine that decommissioning activities comply with
regulatory requirements and approvals. To ensure that site
clearance and platform or pipeline removal are properly
performed to protect marine life and the environment and do not
conflict with other users of the OCS.

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30 CFR 285 subpart and title

Reasons for collecting information and how used

(7) Subpart J—Rights of Use and
Easement for Energy- and MarineRelated Activities Using Existing OCS
Facilities

To enable BSEE to review information regarding the design,
installation, and operation of RUEs on the OCS, to ensure that
RUE operations are safe and protect the human, marine, and
coastal environment. To ensure compliance with other Federal
laws, these regulations, the RUE grant, and where applicable, the
approved plan.

[88 FR 6413, Jan. 31, 2023; 88 FR 54880, Aug. 14, 2023]

§ 285.115 Documents incorporated by reference.
Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C.
552(a) and 1 CFR part 51. All approved incorporation by reference (IBR) material is available for inspection at BSEE and at the
National Archives and Records Administration (NARA). Contact BSEE at: BSEE, 45600 Woodland Road, Sterling, Virginia 20166,
phone: 703–787–1665. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibrlocations.html or email [email protected]. The material is available from the American Petroleum Institute (API), 200
Massachusetts Avenue NW, Suite 1100, Washington, DC 20001–5571; phone (202) 682–8000; website: www.api.org or
https://publications.api.org.
(a) API RP 2A–WSD, Recommended Practice for Planning, Designing and Constructing Fixed Offshore Platforms—Working
Stress Design; Twenty-first Edition, December 2000; Errata and Supplement 1, December 2002; Errata and Supplement 2,
September 2005; Errata and Supplement 3, October 2007. IBR approved for § 285.825(a), (b).
(b) [Reserved]

§ 285.116 Requests for information on the state of the offshore renewable energy industry.
(a) The Director may, from time to time, and at the Director's discretion, solicit information from industry and other relevant
stakeholders (including State and local agencies), as necessary, to evaluate the state of the offshore renewable energy
industry, including the identification of potential challenges or obstacles to its continued development. Such requests for
information may relate to the identification of environmental, technical, regulatory, or economic matters that promote or
detract from continued development of renewable energy technologies on the OCS. From the information received, the
Director may evaluate potential refinements to the OCS alternative energy program that promote development of the
industry in a safe and environmentally responsible manner.
(b) BSEE will publish such requests for information by the Director in the Federal Register.

§ 285.117 [Reserved]
§ 285.118 What are my appeal rights?
(a) Any party adversely affected by a BSEE official's final decision or order issued under the regulations of this part may appeal
that decision or order to the Interior Board of Land Appeals. The appeal must conform with the procedures found in 30 CFR
part 290 and 43 CFR part 4, subpart E.
(b) A decision will remain in full force and effect during the period in which an appeal may be filed and during an appeal, unless
a stay is granted pursuant to 43 CFR part 4.

Subparts B and C [Reserved]
Subpart D—Lease and Grant Administration
Noncompliance and Cessation Orders

§ 285.400 What happens if I fail to comply with this part?
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(a) BSEE may take appropriate corrective action under this part if you fail to comply with applicable provisions of Federal law,
the regulations in this part, other applicable regulations, any order of the Director, the provisions of a lease or grant issued
under 30 CFR parts 585 or 586, or the requirements of an approved plan or other approval under this part or 30 CFR parts
585 or 586.
(b) BSEE may issue to you a notice of noncompliance if we determine that there has been a violation of the regulations in this
part, any order of the Director, or any provision of your lease, grant or other approval issued under this part or 30 CFR parts
585 or 586. When issuing a notice of noncompliance, BSEE will serve you at your last known address.
(c) A notice of noncompliance will tell you how you failed to comply with this part, any order of either Director, and/or the
provisions of your lease, grant or other approval, and will specify what you must do to correct the noncompliance and the
time limits within which you must act.
(d) Failure of a lessee, operator, or grant holder under this part to take the actions specified in a notice of noncompliance within
the time limit specified provides the basis for BSEE to issue a cessation order as provided in § 285.401, and/or a
cancellation of the lease or grant as provided in § 285.437.
(e) If BSEE determines that any incident of noncompliance poses an imminent threat of serious or irreparable damage to
natural resources; life (including human and wildlife); property; the marine, coastal, or human environment; or sites,
structures, or objects of historical or archaeological significance, BSEE may include with its notice of noncompliance an
order directing you to take immediate remedial action to alleviate threats and to abate the violation and, when appropriate,
a cessation order.
(f) BSEE may assess civil penalties, as authorized by section 24 of the OCS Lands Act, if you fail to comply with any provision
of this part, or any term of a lease, grant, or order issued under the authority of this part or 30 CFR parts 585 or 586, after
notice of such failure and expiration of any reasonable period allowed for corrective action. Civil penalties will be
determined and assessed in accordance with the procedures set forth in 30 CFR part 550, subpart N.
(g) You may be subject to criminal penalties as authorized by section 24 of the OCS Lands Act.

§ 285.401 When may BSEE issue a cessation order?
(a) BSEE may issue a cessation order during the term of your lease or grant when you fail to comply with an applicable law;
regulation; order; or provision of a lease, grant, plan, or BSEE or BOEM approval. Except as provided in § 285.400(e), BSEE
will allow you a period of time to correct any noncompliance before issuing an order to cease activities.
(b) A cessation order will set forth what measures you are required to take, including reports you are required to prepare and
submit to BSEE, to receive approval to resume activities on your lease or grant.

§ 285.402 What is the effect of a cessation order?
(a) Upon receiving a cessation order, you must cease all activities on your lease or grant, as specified in the order. BSEE may
authorize certain activities during the period of the cessation order.
(b) A cessation order will last for the period specified in the order or as otherwise specified by BSEE. If BSEE determines that
the circumstances giving rise to the cessation order cannot be resolved within a reasonable time period, the Secretary may
initiate cancellation of your lease or grant, as provided in § 285.437.
(c) A cessation order does not extend the term of your lease or grant for the period you are prohibited from conducting
activities.
(d) You must continue to make all required payments on your lease or grant during the period a cessation order is in effect.

§ 285.403-285.405 [Reserved]
Responsibility for Fulfilling Obligations

§ 285.406 Who is responsible for fulfilling lease and grant obligations?
(a) When you are not the sole lessee or grantee, you and your co-lessee(s) or co-grantee(s) are jointly and severally responsible
for fulfilling your obligations under the lease or grant and the provisions of this part or 30 CFR parts 585 or 586, unless
otherwise provided in this part.
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(b) If your designated operator fails to fulfill any of your obligations under the lease or grant and this part or 30 CFR parts 585
or 586, BSEE may require you or any or all of your co-lessees or co-grantees to fulfill those obligations or other operational
obligations under the OCS Lands Act, the lease, grant, or the regulations.
(c) Whenever the regulations in this part or 30 CFR parts 585 or 586 require the lessee or grantee to conduct an activity in a
prescribed manner, the lessee or grantee and operator (if one has been designated) are jointly and severally responsible for
complying with the regulations.

§ 285.407-285.414 [Reserved]
Lease or Grant Suspension

§ 285.415 What is a lease or grant suspension?
(a) A suspension is an interruption of the term of your lease or grant that may occur as ordered by BSEE, as provided in §
285.417; or as approved or ordered by BOEM, as provided in 30 CFR 585.416 and 585.417.
(b) A suspension extends the term of your lease or grant for the length of time the suspension is in effect.
(c) Activities may not be conducted on your lease or grant during the period of a suspension except as expressly authorized
under the terms of the suspension.

§ 285.416 [Reserved]
§ 285.417 When may BSEE order a suspension?
(a) BSEE may order a suspension under the following circumstances:
(1) When necessary to comply with judicial decrees prohibiting some or all activities under your lease; or
(2) When continued activities pose an imminent threat of serious or irreparable harm or damage to natural resources; life
(including human and wildlife); property; the marine, coastal, or human environment; or sites, structures, or objects of
historical or archaeological significance.
(b) If BSEE orders a suspension under paragraph (a)(2) of this section, and if you wish to resume activities, we may require you
to conduct a site-specific study that evaluates the cause of the harm, the potential damage, and the available mitigation
measures. Other requirements and actions may occur:
(1) You may be required to pay for the study;
(2) You must furnish one paper copy and one electronic copy of the study and results to us;
(3) We will make the results available to other interested parties and to the public; and
(4) We will use the results of the study and any other information that become available:
(i)

To decide if the suspension order can be lifted; and

(ii) To determine any actions that you must take to mitigate or avoid any damage to natural resources; life (including
human and wildlife); property; the marine, coastal, or human environment; or sites, structures, or objects of
historical or archaeological significance.

§ 285.418 How will BSEE issue a suspension?
(a) BSEE will issue a suspension order orally or in writing.
(b) BSEE will send you a written suspension order as soon as practicable after issuing an oral suspension order.
(c) The written order will explain the reasons for its issuance and describe the effect of the suspension order on your lease or
grant and any associated activities. BSEE may authorize certain activities during the period of the suspension, as set forth
in the suspension order.

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§ 285.419 What are my immediate responsibilities if I receive a suspension order?
You must comply with the terms of a suspension order upon receipt and take any action prescribed within the time set forth therein.

§ 285.420 What effect does a suspension order have on my payments?
If BSEE orders a suspension, as provided in § 285.417, your payments, as appropriate for the term that is suspended, will be waived
during the suspension period.

§ 285.421 How long will a suspension be in effect?
A suspension will be in effect for the period specified by BSEE. If BSEE determines that the circumstances giving rise to a suspension
ordered under § 285.417 cannot be resolved within 5 years, the Secretary may initiate cancellation of the lease or grant, as provided
in § 285.437.

§§ 285.422-285.432 [Reserved]
Lease or Grant Termination

§ 285.433 What must I do after my lease or grant terminates?
(a) After your lease or grant terminates, you must:
(1) Make all payments due; and
(2) Perform any other outstanding obligations under the lease or grant within 6 months.
(b) Within 2 years following termination of a lease or grant, you must remove or dispose of all facilities, installations, and other
devices permanently or temporarily attached to the seabed on the OCS in accordance with your Plan approved by BOEM
under 30 CFR part 585, subpart F, and your application approved by BSEE under subpart I of this part.
(c) If you fail to comply with your approved decommissioning plan or application:
(1) BOEM may call for the forfeiture of your financial assurance; and
(2) You remain liable for removal or disposal costs and responsible for accidents or damages that might result from such
failure.

§§ 285.434-285.436 [Reserved]
Lease or Grant Cancellation

§ 285.437 When can my lease or grant be canceled?
(a) The Secretary will cancel any lease or grant issued under 30 CFR parts 585 or 586 upon proof that it was obtained by fraud
or misrepresentation, and after notice and opportunity to be heard has been afforded to the lessee or grant holder.
(b) The Secretary may cancel any lease or grant issued under 30 CFR parts 585 or 586 when:
(1) The Secretary determines after notice and opportunity for a hearing that, with respect to the lease or grant that would
be canceled, the lessee or grantee has failed to comply with any applicable provision of the OCS Lands Act or these
regulations; any order of the Director; or any term, condition or stipulation contained in the lease or grant, and that the
failure to comply continued 30 days (or other period BSEE specifies) after you receive notice from BSEE. The Secretary
will mail a notice by registered or certified letter to the lessee or grantee at its record post office address;
(2) Required by national security or defense; or
(3) The Secretary determines after notice and opportunity for a hearing that continued activity under the lease or grant:
(i)

Would cause serious harm or damage to natural resources; life (including human and wildlife); property; the
marine, coastal, or human environment; or sites, structures, or objects of historical or archaeological
significance;

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(ii) That the threat of harm or damage would not disappear or decrease to an acceptable extent within a reasonable
period of time; and
(iii) The advantages of cancellation outweigh the advantages of continuing the lease or grant in force.

Subpart E [Reserved]
Subpart F—Information Requirements
§§ 285.600-285.601 [Reserved]
§ 285.602 What records must I maintain?
Until BOEM releases your financial assurance under 30 CFR 585.534, you must maintain and provide to BSEE, upon request, all data
and information related to compliance with required terms and conditions of your SAP, COP, or GAP.

§§ 285.603-285.613 [Reserved]
Activities Under an Approved SAP

§ 285.614 When may I begin conducting activities under my approved SAP?
(a) You may begin conducting the activities approved in your SAP following BOEM approval of your SAP.
(b) If you are installing a facility or a combination of facilities deemed by BOEM to be complex or significant, as provided in 30
CFR 585.613(a)(1), you must comply with the requirements of subpart G of this part and submit your safety management
system required by § 285.810 before construction may begin.

§ 285.615 What other reports or notices must I submit to BSEE under my approved SAP?
(a) You must notify BSEE in writing within 30 days of completing installation activities approved in your SAP.
(b) You must submit a certification of compliance annually (or other frequency as determined by BOEM) with those terms and
conditions of your SAP that BOEM identifies under 30 CFR 585.613(e)(1). Together with your certification, you must submit:
(1) Summary reports that show compliance with the terms and conditions which require certification; and
(2) A statement identifying and describing any mitigation measures and monitoring methods and their effectiveness. If
you identified measures that were not effective, you must include your recommendations for new mitigation measures
or monitoring methods.

§§ 285.616-285.630 [Reserved]
Activities Under an Approved COP

§ 285.631 When must I initiate activities under an approved COP?
After your COP is approved, you must commence construction by the date given in the construction schedule required by 30 CFR
585.626(b)(21), and included as a part of your approved COP, unless BOEM approves a deviation from your schedule.

§ 285.632 What documents must I submit before I may construct and install facilities under my approved COP?
(a) You must submit to BSEE the documents listed in the following table:

Document:

Requirements are found in:

(1) Facility Design Report

§ 285.701

(2) Fabrication and Installation Report

§ 285.702

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(b) You must submit your safety management system, as required by § 285.810.
(c) These activities must fall within the scope of your approved COP. If they do not fall within the scope of your approved COP,
you will be required to submit a revision to your COP, under 30 CFR 585.634, for BOEM approval before commencing the
activity.

§ 285.633 How do I comply with my COP?
(a) You must submit a certification of compliance annually (or other frequency as determined by BOEM) with certain terms and
conditions of your COP that BOEM identifies. Together with your certification, you must submit:
(1) Summary reports that show compliance with the terms and conditions which require certification; and
(2) A statement identifying and describing any mitigation measures and monitoring methods, and their effectiveness. If
you identified measures that were not effective, then you must make recommendations for new mitigation measures
or monitoring methods.
(b) As provided at § 285.105(i), BSEE may require you to submit any supporting data and information.

§§ 285.634-285.635 [Reserved]
§ 285.636 What notices must I provide BSEE following approval of my COP?
You must notify BSEE in writing of the following events, within the time periods provided:
(a) No later than 30 days after commencing activities associated with the placement of facilities on the lease area under a
Fabrication and Installation Report.
(b) No later than 30 days after completion of construction and installation activities under a Fabrication and Installation Report.
(c) At least 7 days before commencing commercial operations.

§ 285.637 When may I commence commercial operations on my commercial lease?
If you are conducting activities on your lease that:
(a) Do not require a FERC license (e.g., wind), then you may commence commercial operations 30 days after the CVA or project
engineer has submitted to BSEE the final Fabrication and Installation Report for the fabrication and installation review, as
provided in § 285.708.
(b) Require a FERC license or exemption, then you may commence commercial operations when permitted by the terms of your
license or exemption.

§ 285.638 What must I do upon completion of my commercial operations as approved in my COP or FERC
license?
(a) Upon completion of your approved activities under your COP, you must initiate the decommissioning process as set forth in
subpart I of this part. You must submit your decommissioning application as provided in §§ 285.905 and 285.906.
(b) Upon completion of your approved activities under your FERC license, the terms of your FERC license will govern your
decommissioning activities.

§§ 285.639-285.649 [Reserved]
Activities Under an Approved GAP

§ 285.650 When may I begin conducting activities under my GAP?
After BOEM approves your GAP, you may begin conducting the approved activities that do not involve a project easement or the
construction of facilities on the OCS that BOEM has deemed to be complex or significant.
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§ 285.651 When may I construct complex or significant OCS facilities on my limited lease or any facilities on my
project easement proposed under my GAP?
If you are applying for a project easement, or installing a facility or a combination of facilities on your limited lease deemed by BOEM
to be complex or significant, as provided in 30 CFR 585.648(a)(1), you also must comply with the requirements of subpart G of this
part and submit your safety management system description required by § 285.810 before construction may begin.

§ 285.652 [Reserved]
§ 285.653 What other reports or notices must I submit to BSEE under my approved GAP?
(a) You must notify BSEE in writing within 30 days after completing installation activities approved in your GAP
(b) You must annually (or other frequency as determined by BOEM) submit a certification of compliance with those terms and
conditions of your GAP that BOEM identifies under 30 CFR 585.648(e)(1). Together with your certification, you must submit:
(1) Summary reports that show compliance with the terms and conditions which require certification; and
(2) A statement identifying and describing any mitigation measures and monitoring methods and their effectiveness. If
you identified measures that were not effective, you must include your recommendations for new mitigation measures
or monitoring methods.

§§ 285.654-285.659 [Reserved]
Subpart G—Facility Design, Fabrication, and Installation
Reports

§ 285.700 What reports must I submit to BSEE before installing facilities described in my approved SAP, COP, or
GAP?
(a) You must submit the following reports to BSEE before installing facilities described in your approved COP (§ 285.632(a))
and, when required by 30 CFR part 585, your SAP (§ 285.614(b)), or GAP (§ 285.651):
(1) A Facility Design Report; and
(2) A Fabrication and Installation Report.
(b) You may begin to fabricate and install the approved facilities after BSEE notifies you that it has received your reports and
has no objections. If BSEE receives the reports, but does not respond with objections within 60 days of receipt, or 60 days
after BOEM approves your SAP, COP, or GAP if you submitted your report with the plan, BSEE is deemed not to have
objections to the reports, and you may commence fabrication and installation of your facility or facilities.
(c) If BSEE has any objections, we will notify you verbally or in writing within 60 days of receipt of the report. Following initial
notification of objections, BSEE may follow-up with written correspondence outlining its specific objections to the report
and request that certain actions be undertaken. You cannot commence activities addressed in such report until you resolve
all objections to BSEE's satisfaction.

§ 285.701 What must I include in my Facility Design Report?
(a) Your Facility Design Report provides specific details of the design of any facilities, including cables and pipelines that are
outlined in your BOEM-approved SAP, COP, or GAP. Your Facility Design Report must demonstrate that your design
conforms to your responsibilities listed in § 285.105(a). You must include the following items in your Facility Design Report:

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Required
documents

Required contents

Other requirements

(1) Cover letter

(i) Proposed facility designations;
(ii) Lease, ROW grant or RUE grant
number;
(iii) Area; name and block numbers; and
(iv) The type of facility

You must submit 1 paper copy
and 1 electronic copy.

(2) Location plat

(i) Latitude and longitude coordinates,
Universal Mercator grid-system
coordinates, State plane coordinates in
the Lambert or Transverse Mercator
Projection System;
(ii) Distances in feet from the nearest
block lines. These coordinates must be
based on the NAD (North American
Datum) 83 datum plane coordinate
system; and
(iii) The location of any proposed project
easement.

Your plat must be drawn to a
scale of 1 inch equals 100 feet
and include the coordinates of
the lease, ROW grant, or RUE
grant block boundary lines. You
must submit 1 paper copy and
1 electronic copy.

(3) Front, Side, and
Plan View
drawings

(i) Facility dimensions and orientation;
(ii) Elevations relative to Mean Lower
Low Water; and
(iii) Pile sizes and penetration.

Your drawing sizes must not
exceed 11″ × 17″. You must
submit 1 paper copy and 1
electronic copy.

(4) Complete set of
structural drawings

The approved for construction
fabrication drawings should be
submitted including, e.g.:
(i) Cathodic protection systems;
(ii) Jacket design;
(iii) Pile foundations;
(iv) Mooring and tethering systems;
(v) Foundations and anchoring systems;
and
(vi) Associated cable and pipeline
designs

Your drawing sizes must not
exceed 11″ × 17″. You must
submit 1 paper copy and 1
electronic copy.

(5) Summary of
environmental data
used for design

A summary of the environmental data
used in the design or analysis of the
facility. Examples of relevant data include
information on:
(i) Extreme weather;
(ii) Seafloor conditions; and
(iii) Waves, wind, current, tides,
temperature, snow and ice effects,
marine growth, and water depth

You must submit 1 paper copy
and 1 electronic copy. If you
submitted these data as part of
your SAP, COP, or GAP, you may
reference the plan.

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Required
documents

Required contents

Other requirements

(6) Summary of the
engineering design
data

(i) Loading information (e.g., live, dead,
environmental);
(ii) Structural information (e.g., designlife; material types; cathodic protection
systems; design criteria; fatigue life;
jacket design; deck design; production
component design; foundation pilings
and templates, and mooring or tethering
systems; fabrication and installation
guidelines); and
(iii) Location of foundation boreholes and
foundation piles; and
(iv) Foundation information (e.g., soil
stability, design criteria)

You must submit 1 paper copy
and 1 electronic copy.

(7) A complete set
of design
calculations

Self-explanatory.

You must submit 1 paper copy
and 1 electronic copy.

(8) Project-specific
studies used in the
facility design or
installation

All studies pertinent to facility design or
installation, e.g., oceanographic and soil
reports including the results of the
surveys required in 30 CFR 585.610(b),
585.627(a), or 585.645(a)

You must submit 1 paper copy
and 1 electronic copy.

(9) Description of
the loads imposed
on the facility

(i) Loads imposed by jacket;
(ii) Decks;
(iii) Production components;
(iv) Foundations, foundation pilings and
templates, and anchoring systems; and
(v) Mooring or tethering systems.

You must submit 1 paper copy
and 1 electronic copy.

(10) Geotechnical
Report

A list of all data from borings and
recommended design parameters.

You must submit 1 paper copy
and 1 electronic copy.

(b) For any floating facility, your design must meet the requirements of the U.S. Coast Guard for structural integrity and stability
(e.g., verification of center of gravity). The design must also consider:
(1) Foundations, foundation pilings and templates, and anchoring systems; and
(2) Mooring or tethering systems.
(c) You must provide the location of records, as required in § 285.714(c).
(d) If you are required to use a CVA, the Facility Design Report must include one paper copy of the following certification
statement: “The design of this structure has been certified by a CVA to be in accordance with accepted engineering
practices and the approved SAP, GAP, or COP as appropriate. The certified design and as-built plans and specifications will
be on file at (given location).”
(e) BSEE will withhold trade secrets and commercial or financial information that is privileged or confidential from public
disclosure under exemption 4 of the FOIA and in accordance with the terms of § 285.113.

§ 285.702 What must I include in my Fabrication and Installation Report?
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(a) Your Fabrication and Installation Report must describe how your facilities will be fabricated and installed in accordance
with the design criteria identified in the Facility Design Report; your BOEM-approved SAP, COP, or GAP; and generally
accepted industry standards and practices. Your Fabrication and Installation Report must demonstrate how your facilities
will be fabricated and installed in a manner that conforms to your responsibilities listed in § 285.105(a). You must include
the following items in your Fabrication and Installation Report:

Required documents

Required contents

Other requirements

(1) Cover letter

(i) Proposed facility designation,
lease, ROW grant, or RUE grant
number;
(ii) Area, name, and block number;
and
(iii) The type of facility.

You must submit 1 paper copy
and 1 electronic copy.

(2) Schedule

Fabrication and installation.

You must submit 1 paper copy
and 1 electronic copy.

(3) Fabrication
information

The industry standards you will use
to ensure the facilities are
fabricated to the design criteria
identified in your Facility Design
Report

You must submit 1 paper copy
and 1 electronic copy.

(4) Installation process
information

Details associated with the
deployment activities, equipment,
and materials, including onshore
and offshore equipment and
support, and anchoring and
mooring patterns

You must submit 1 paper copy
and 1 electronic copy.

(5) Federal, State, and
local permits (e.g.,
EPA, Army Corps of
Engineers)

Either 1 copy of the permit or
information on the status of the
application

You must submit 1 paper copy
and 1 electronic copy.

(6) Environmental
information

(i) Water discharge;
(ii) Waste disposal;
(iii) Vessel information; and
(iv) Onshore waste receiving
treatment or disposal facilities.

You must submit 1 paper copy
and 1 electronic copy. If you
submitted these data as part of
your SAP, COP, or GAP, you may
reference the plan.

(7) Project easement

Design of any cables, pipelines, or
facilities. Information on burial
methods and vessels

You must submit 1 paper copy
and 1 electronic copy.

(b) You must provide the location of records, as required in § 285.714(c).
(c) If you are required to use a CVA, the Fabrication and Installation Report must include one paper copy of the following
certification statement: “The fabrication and installation of this structure has been certified by an approved CVA to be in
accordance with accepted engineering practices and the approved SAP, GAP, or COP as appropriate. The certified design
and as-built plans and specifications will be on file at (given location).”
(d) BSEE will withhold trade secrets and commercial or financial information that is privileged or confidential from public
disclosure under exemption 4 of the FOIA and in accordance with the terms of § 285.113.
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§ 285.703 What reports must I submit for project modifications and repairs?
(a) You must verify and, in a report to us, certify that major repairs and major modifications to the project conform to accepted
engineering practices.
(1) A major repair is a corrective action involving structural members affecting the structural integrity of a portion of or all
the facility.
(2) A major modification is an alteration involving structural members affecting the structural integrity of a portion of or all
the facility.
(b) The report must also identify the location of all records pertaining to the major repairs or major modifications, as required in
§ 285.714(c).
(c) BSEE may require you to use a CVA for project modifications and repairs.

§ 285.704 [Reserved]
Certified Verification Agent

§ 285.705 When must I use a Certified Verification Agent (CVA)?
You must use a CVA to review and certify the Facility Design Report, the Fabrication and Installation Report, and the Project
Modifications and Repairs Report.
(a) You must use a CVA to:
(1) Ensure that your facilities are designed, fabricated, and installed in conformance with accepted engineering practices
and the Facility Design Report and Fabrication and Installation Report;
(2) Ensure that repairs and major modifications are completed in conformance with accepted engineering practices; and
(3) Provide BSEE immediate reports of all incidents that affect the design, fabrication, and installation of the project and
its components.
(b) BSEE may waive the requirement that you use a CVA if you can demonstrate the following:

If you demonstrate that . . .

Then BSEE may waive the
requirement for a CVA for
the following:

(1) The facility design conforms to a standard design that has
been used successfully in a similar environment, and the
installation design conforms to accepted engineering practices

The design of your
structure(s).

(2) The manufacturer has successfully manufactured similar
facilities, and the facility will be fabricated in conformance with
accepted engineering practices

The fabrication of your
structure(s).

(3) The installation company has successfully installed similar
facilities in a similar offshore environment, and your structure(s)
will be installed in conformance with accepted engineering
practices

The installation of your
structure(s).

(4) Repairs and major modifications will be completed in
conformance with accepted engineering practices

The repair or major
modification of your
structure(s).

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(c) You must submit a request to waive the requirement to use a CVA to BSEE in writing with your SAP under 30 CFR
585.610(a)(9), COP under 30 CFR 585.626(b)(20), or GAP under 30 CFR 585.645(c)(5).
(1) BSEE will review your request to waive the use of the CVA and will notify you of its decision along with BOEM's
decision on your SAP, COP, or GAP.
(2) If BSEE does not waive the requirement for a CVA, you may file an appeal per § 285.118.
(3) If BSEE waives the requirement that you use a CVA, your project engineer must perform the same duties and
responsibilities as the CVA, except as otherwise provided.

§ 285.706 How do I nominate a CVA for BSEE approval?
(a) You must nominate a CVA for BSEE approval as part of your COP per 30 CFR 585.626(b)(20), and when required, as part of
your SAP per 30 CFR 585.610(a)(9) or GAP per 30 CFR 585.645(c)(5). You must use a CVA to review and certify the Facility
Design Report, the Fabrication and Installation Report, and the Project Modifications and Repairs Report per this subpart.
You must specify whether the CVA nomination is for the Facility Design Report, Fabrication and Installation Report, Project
Modifications and Repairs Report, or for any combination of these.
(b) For each CVA that you nominate, you must submit to BSEE a list of documents used in your design that you will forward to
the CVA and a qualification statement that includes the following:
(1) Previous experience in third-party verification or experience in the design, fabrication, installation, or major
modification of offshore energy facilities;
(2) Technical capabilities of the individual or the primary staff for the specific project;
(3) Size and type of organization or corporation;
(4) In-house availability of, or access to, appropriate technology (including computer programs, hardware, and testing
materials and equipment);
(5) Ability to perform the CVA functions for the specific project considering current commitments;
(6) Previous experience with BOEM and BSEE requirements and procedures, if any; and
(7) The level of work to be performed by the CVA.
(c) Individuals or organizations acting as CVAs must not function in any capacity that will create a conflict of interest, or the
appearance of a conflict of interest.
(d) The verification must be conducted by or under the direct supervision of registered professional engineers.
(e) BSEE will approve or disapprove your CVA as part of BOEM's review of your COP or, when required, of your SAP or GAP.
(f) You must nominate a new CVA for BSEE approval if the previously approved CVA:
(1) Is no longer able to serve in a CVA capacity for the project; or
(2) No longer meets the requirements for a CVA set forth in this subpart.

§ 285.707 What are the CVA's primary duties for facility design review?
If you are required to use a CVA:
(a) The CVA must use good engineering judgment and practices in conducting an independent assessment of the design of
the facility. The CVA must certify in the Facility Design Report to BSEE that the facility is designed to withstand the
environmental and functional load conditions appropriate for the intended service life at the proposed location.
(b) The CVA must conduct an independent assessment of all proposed:
(1) Planning criteria;
(2) Operational requirements;
(3) Environmental loading data;
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(4) Load determinations;
(5) Stress analyses;
(6) Material designations;
(7) Soil and foundation conditions;
(8) Safety factors; and
(9) Other pertinent parameters of the proposed design.
(c) For any floating facility, the CVA must ensure that any requirements of the U.S. Coast Guard for structural integrity and
stability (e.g., verification of center of gravity), have been met. The CVA must also consider:
(1) Foundations, foundation pilings and templates, and anchoring systems; and
(2) Mooring or tethering systems.

§ 285.708 What are the CVA's or project engineer's primary duties for fabrication and installation review?
(a) The CVA or project engineer must do all of the following:
(1) Use good engineering judgment and practice in conducting an independent assessment of the fabrication and
installation activities;
(2) Monitor the fabrication and installation of the facility as required by paragraph (b) of this section;
(3) Make periodic onsite inspections while fabrication is in progress and verify the items required by § 285.709;
(4) Make periodic onsite inspections while installation is in progress and satisfy the requirements of § 285.710; and
(5) Certify in a report that project components are fabricated and installed in accordance with accepted engineering
practices; your BOEM-approved COP, SAP, or GAP (as applicable); and the Fabrication and Installation Report.
(i)

The report must also identify the location of all records pertaining to fabrication and installation, as required in §
285.714(c); and

(ii) You may commence commercial operations or other approved activities 30 days after BSEE receives that
certification report, unless BSEE notifies you within that time period of its objections to the certification report.
(b) To comply with paragraph (a)(5) of this section, the CVA or project engineer must monitor the fabrication and installation of
the facility to ensure that it has been built and installed according to the Facility Design Report and Fabrication and
Installation Report.
(1) If the CVA or project engineer finds that fabrication and installation procedures have been changed or design
specifications have been modified, the CVA or project engineer must inform you; and
(2) If you accept the modifications, then you must also inform BSEE.

§ 285.709 When conducting onsite fabrication inspections, what must the CVA or project engineer verify?
(a) To comply with § 285.708(a)(3), the CVA or project engineer must make periodic onsite inspections while fabrication is in
progress and must verify the following fabrication items, as appropriate:
(1) Quality control by lessee (or grant holder) and builder;
(2) Fabrication site facilities;
(3) Material quality and identification methods;
(4) Fabrication procedures specified in the Fabrication and Installation Report, and adherence to such procedures;
(5) Welder and welding procedure qualification and identification;
(6) Structural tolerances specified, and adherence to those tolerances;
(7) Nondestructive examination requirements and evaluation results of the specified examinations;
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(8) Destructive testing requirements and results;
(9) Repair procedures;
(10) Installation of corrosion-protection systems and splash-zone protection;
(11) Erection procedures to ensure that overstressing of structural members does not occur;
(12) Alignment procedures;
(13) Dimensional check of the overall structure, including any turrets, turret-and-hull interfaces, any mooring line and chain
and riser tensioning line segments; and
(14) Status of quality-control records at various stages of fabrication.
(b) For any floating facilities, the CVA or project engineer must ensure that any requirements of the U.S. Coast Guard for
structural integrity and stability (e.g., verification of center of gravity) have been met. The CVA or project engineer must also
consider:
(1) Foundations, foundation pilings and templates, and anchoring systems; and
(2) Mooring or tethering systems.

§ 285.710 When conducting onsite installation inspections, what must the CVA or project engineer do?
To comply with § 285.708(a)(4), the CVA or project engineer must make periodic onsite inspections while installation is in progress
and must, as appropriate, verify, witness, survey, or check, the installation items required by this section.
(a) The CVA or project engineer must verify, as appropriate, all of the following:
(1) Loadout and initial flotation procedures;
(2) Towing operation procedures to the specified location, and review the towing records;
(3) Launching and uprighting activities;
(4) Submergence activities;
(5) Pile or anchor installations;
(6) Installation of mooring and tethering systems;
(7) Final deck and component installations; and
(8) Installation at the approved location according to the Facility Design Report and the Fabrication and Installation
Report.
(b) For a fixed or floating facility, the CVA or project engineer must verify that proper procedures were used during the
following:
(1) The loadout of the jacket, decks, piles, or structures from each fabrication site; and
(2) The actual installation of the facility or major modification and the related installation activities.
(c) For a floating facility, the CVA or project engineer must verify that proper procedures were used during the following:
(1) The loadout of the facility;
(2) The installation of foundation pilings and templates, and anchoring systems; and
(3) The installation of the mooring and tethering systems.
(d) The CVA or project engineer must conduct an onsite survey of the facility after transportation to the approved location.
(e) The CVA or project engineer must spot-check the equipment, procedures, and recordkeeping as necessary to determine
compliance with the applicable documents incorporated by reference in § 285.115 and the regulations under this part.

§ 285.711 [Reserved]
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§ 285.712 What are the CVA's or project engineer's reporting requirements?
(a) The CVA or project engineer must prepare and submit to you and BSEE all reports required by this subpart. The CVA or
project engineer must also submit interim reports to you and BSEE, as requested by BSEE.
(b) For each report required by this subpart, the CVA or project engineer must submit one electronic copy and one paper copy
of each final report to BSEE. In each report, the CVA or project engineer must:
(1) Give details of how, by whom, and when the CVA or project engineer activities were conducted;
(2) Describe the CVA's or project engineer's activities during the verification process;
(3) Summarize the CVA's or project engineer's findings; and
(4) Provide any additional comments that the CVA or project engineer deems necessary.

§ 285.713 What must I do after the CVA or project engineer confirms conformance with the Fabrication and
Installation Report on my commercial lease?
After the CVA or project engineer files the certification report, you must notify BSEE within 10 business days after commencing
commercial operations.

§ 285.714 What records relating to SAPs, COPs, and GAPs must I keep?
(a) Until BOEM releases your financial assurance under 30 CFR 585.534, you must compile, retain, and make available to BSEE,
within the time specified by BSEE, all of the following:
(1) The as-built drawings;
(2) The design assumptions and analyses;
(3) A summary of the fabrication and installation examination records;
(4) The inspection results from the inspections and assessments required by §§ 285.820 through 285.825; and
(5) Records of repairs not covered in the inspection report submitted under § 285.824(b)(3).
(b) You must record and retain the original material test results of all primary structural materials during all stages of
construction until BOEM releases your financial assurance under 30 CFR 585.534. Primary material is material that, should
it fail, would lead to a significant reduction in facility safety, structural reliability, or operating capabilities. Items such as
steel brackets, deck stiffeners and secondary braces or beams would not generally be considered primary structural
members (or materials).
(c) You must provide BSEE with the location of these records in the certification statement, as required in §§ 285.701(c),
285.703(b), and 285.708(a)(5)(i).

Subpart H—Environmental and Safety Management, Inspections, and Facility Assessments for Activities
Conducted Under SAPs, COPs and GAPs
§ 285.800 How must I conduct my activities to comply with safety and environmental requirements?
(a) You must conduct all activities on your lease or grant under this part in a manner that conforms with your responsibilities in
§ 285.105(a), and using:
(1) Trained personnel; and
(2) Technologies, precautions, and techniques that will not cause undue harm or damage to natural resources, including
their physical, atmospheric, and biological components.
(b) You must certify compliance with those terms and conditions identified in your approved SAP, COP, or GAP, as required
under § 285.615(b), § 285.633(a), or § 285.653(b).

§ 285.801 How must I conduct my approved activities to protect marine mammals, threatened and endangered
species, and designated critical habitat?
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You must comply with all measures required under 30 CFR 585.701.

§ 285.802 What must I do if I discover a potential archaeological resource while conducting my approved
activities?
You must comply with all measures required under 30 CFR 585.702.

§ 285.803 How must I conduct my approved activities to protect essential fish habitats identified and described
under the Magnuson-Stevens Fishery Conservation and Management Act?
You must comply with all measures required under 30 CFR 585.703.

§§ 285.804-285.809 [Reserved]
Safety Management Systems

§ 285.810 What must I include in my Safety Management System?
You must submit a description of the safety management system you will use with your COP (provided under 30 CFR 585.627(d))
and, when required by this part, your SAP (as provided in § 285.614(b)) or GAP (as provided in § 285.651). You must describe:
(a) How you will ensure the safety of personnel or anyone on or near your facilities;
(b) Remote monitoring, control, and shut down capabilities;
(c) Emergency response procedures;
(d) Fire suppression equipment, if needed;
(e) How and when you will test your safety management system; and
(f) How you will ensure personnel who operate your facilities are properly trained.

§ 285.811 When must I follow my Safety Management System?
Your safety management system must be fully functional when you begin activities described in your approved COP, SAP, or GAP. You
must conduct all activities described in your approved COP, SAP, or GAP in accordance with the safety management system you
described, as required by § 285.810.

§ 285.812 [Reserved]
Maintenance and Shutdowns

§ 285.813 When do I have to report removing equipment from service?
(a) The removal of any equipment from service may result in BSEE applying remedies, as provided in this part, when such
equipment is necessary for implementing your approved plan. Such remedies may include an order from BSEE requiring
you to replace or remove such equipment or facilities.
(b)
(1) You must report within 24 hours when equipment necessary for implementing your approved plan is removed from
service for more than 12 hours. If you provide an oral notification, you must submit a written confirmation of this
notice within 3-business days, as required by § 285.105(c);
(2) You do not have to report removing equipment necessary for implementing your plan if the removal is part of planned
maintenance or repair activities; and
(3) You must notify BSEE when you return the equipment to service.

§ 285.814 [Reserved]
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Equipment Failure and Adverse Environmental Effects

§ 285.815 What must I do if I have facility damage or an equipment failure?
(a) If you have facility damage or the failure of a pipeline, cable, or other equipment necessary for you to implement your
approved plan, you must make repairs as soon as practicable. If you have a major repair, you must submit a report of the
repairs to BSEE, as required in § 285.703.
(b) If you are required to report any facility damage or failure under § 285.831, BOEM may require you to revise your SAP, COP,
or GAP to describe how you will address the facility damage or failure as required by 30 CFR 585.634 (COP), 585.617 (SAP),
or 585.655 (GAP). You must submit a report of the repairs to BSEE, as required in § 285.703.
(c) BSEE may require that you analyze cable, pipeline, or facility damage or failure to determine the cause. If requested by
BSEE, you must submit a comprehensive written report of the failure or damage to BSEE as soon as available.

§ 285.816 What must I do if environmental or other conditions adversely affect a cable, pipeline, or facility?
If environmental or other conditions adversely affect a cable, pipeline, or facility so as to endanger the safety or the environment, you
must:
(a) Submit a plan of corrective action to BSEE within 30 days of the discovery of the adverse effect.
(b) Take remedial action as described in your corrective action plan.
(c) Submit to the BSEE a report of the remedial action taken within 30 days after completion.

§§ 285.817-285.819 [Reserved]
Inspections and Assessments

§ 285.820 Will BSEE conduct inspections?
BSEE will inspect OCS facilities and any vessels engaged in activities authorized under this part. We conduct these inspections:
(a) To verify that you are conducting activities in compliance with subsection 8(p) of the OCS Lands Act; the regulations in this
part; the terms, conditions, and stipulations of your lease or grant; approved plans; and other applicable laws and
regulations.
(b) To determine whether proper safety equipment has been installed and is operating properly according to your safety
management system, as required in § 285.810.

§ 285.821 Will BSEE conduct scheduled and unscheduled inspections?
BSEE will conduct both scheduled and unscheduled inspections.

§ 285.822 What must I do when BSEE conducts an inspection?
(a) When BSEE conducts an inspection, you must:
(1) Provide access to all facilities on your lease (including your project easement) or grant; and
(2) Make the following available for BSEE to inspect:
(i)

The area covered under a lease, ROW grant, or RUE grant;

(ii) All improvements, structures, and fixtures on these areas; and
(iii) All records of design, construction, operation, maintenance, repairs, or investigations on or related to the area.
(b) You must retain these records in paragraph (a)(2)(iii) of this section until BOEM releases your financial assurance under 30
CFR 585.534 and provide them to BSEE upon request, within the time period specified by BSEE.
(c) You must demonstrate to the inspector how you are in compliance with your safety management system.
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§ 285.823 Will BSEE reimburse me for my expenses related to inspections?
Upon request, BSEE will reimburse you for food, quarters, and transportation that you provide for our representatives while they
inspect your lease or grant facilities and associated activities. You must send us your reimbursement request within 90 days of the
inspection.

§ 285.824 How must I conduct self-inspections?
(a) You must develop a comprehensive annual self-inspection plan covering all of your facilities. You must keep this plan
wherever you keep your records and make it available to BSEE inspectors upon request. Your plan must specify:
(1) The type, extent, and frequency of in-place inspections that you will conduct for both the above-water and the belowwater structures of all facilities and pertinent components of the mooring systems for any floating facilities; and
(2) How you are monitoring the corrosion protection for both the above-water and below-water structures.
(b) You must submit a report annually to us no later than November 1 that must include:
(1) A list of facilities inspected in the preceding 12 months;
(2) The type of inspection employed, (i.e., visual, magnetic particle, ultrasonic testing); and
(3) A summary of the inspection indicating what repairs, if any, were needed and the overall structural condition of the
facility.

§ 285.825 When must I assess my facilities?
(a) You must perform an assessment of the structure, when needed, based on the platform assessment initiators listed in
sections 17.2.1–17.2.5 of API RP 2A–WSD (incorporated by reference, see § 285.115).
(b) You must initiate mitigation actions for structures that do not pass the assessment process of API RP 2A–WSD.
(c) You may comply with a later edition of API RP 2A–WSD only if:
(1) You show that complying with the later edition provides a degree of protection, safety, or performance equal to or
better than what would be achieved by compliance with the listed edition; and
(2) You obtain the prior written approval for alternative compliance from the authorized BSEE official.
(d) You must perform other assessments as required by BSEE.

§§ 285.826-285.829 [Reserved]
Incident Reporting and Investigation

§ 285.830 What are my incident reporting requirements?
(a) You must report all incidents listed in § 285.831 to BSEE, according to the reporting requirements for these incidents in §§
285.832 through 285.833.
(b) These reporting requirements apply to incidents that occur on the area covered by your lease or grant and that are related to
activities resulting from the exercise of your rights under your lease or grant.
(c) Nothing in this subpart relieves you from providing notices and reports of incidents that may be required by other regulatory
agencies.
(d) You must report all spills of oil or other liquid pollutants in accordance with § 254.46 of this chapter.

§ 285.831 What incidents must I report, and when must I report them?
(a) You must report the following incidents to us immediately via oral communication, and provide a written follow-up report
(paper copy or electronically transmitted) within 15-business days after the incident:
(1) Fatalities;
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(2) Incidents that require the evacuation of person(s) from the facility to shore or to another offshore facility;
(3) Fires and explosions;
(4) Collisions that result in property or equipment damage greater than $25,000. (Collision means the act of a moving
vessel (including an aircraft) striking another vessel, or striking a stationary vessel or object. Property or equipment
damage means the cost of labor and material to restore all affected items to their condition before the damage,
including, but not limited to, the OCS facility, a vessel, a helicopter, or the equipment. It does not include the cost of
salvage, cleaning, dry docking, or demurrage);
(5) Incidents involving structural damage to an OCS facility that is severe enough so that activities on the facility cannot
continue until repairs are made;
(6) Incidents involving crane or personnel/material handling activities, if they result in a fatality, injury, structural damage,
or significant environmental damage;
(7) Incidents that damage or disable safety systems or equipment (including firefighting systems);
(8) Other incidents resulting in property or equipment damage greater than $25,000; and
(9) Any other incidents involving significant environmental damage, or harm.
(b) You must provide a written report of the following incidents to us within 15 days after the incident:
(1) Any injuries that result in the injured person not being able to return to work or to all of their normal duties the day after
the injury occurred; and
(2) All incidents that require personnel on the facility to muster for evacuation for reasons not related to weather or drills.

§ 285.832 How do I report incidents requiring immediate notification?
For an incident requiring immediate notification under § 285.831(a), you must notify BSEE verbally after aiding the injured and
stabilizing the situation. Your verbal communication must provide the following information:
(a) Date and time of occurrence;
(b) Identification and contact information for the lessee, grant holder, or operator;
(c) Contractor, and contractor representative's name and telephone number (if a contractor is involved in the incident or
injury/fatality);
(d) Lease number, OCS area, and block;
(e) Platform/facility name and number, or cable or pipeline segment number;
(f) Type of incident or injury/fatality;
(g) Activity at time of incident; and
(h) Description of the incident, damage, or injury/fatality.

§ 285.833 What are the reporting requirements for incidents requiring written notification?
(a) For any incident covered under § 285.831, you must submit a written report within 15 days after the incident to BSEE. The
report must contain the following information:
(1) Date and time of occurrence;
(2) Identification and contact information for each lessee, grant holder, or operator;
(3) Name and telephone number of the contractor and the contractor's representative, if a contractor is involved in the
incident or injury;
(4) Lease number, OCS area, and block;
(5) Platform/facility name and number, or cable or pipeline segment number;
(6) Type of incident or injury;
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(7) Activity at time of incident;
(8) Description of incident, damage, or injury (including days away from work, restricted work, or job transfer), and any
corrective action taken; and
(9) Property or equipment damage estimate (in U.S. dollars).
(b) You may submit a report or form prepared for another agency in lieu of the written report required by paragraph (a) of this
section if the report or form contains all required information.
(c) BSEE may require you to submit additional information about an incident on a case-by-case basis.

Subpart I—Decommissioning
Decommissioning Obligations and Requirements

§ 285.900 Who must meet the decommissioning obligations in this subpart?
(a) Lessees are jointly and severally responsible for meeting decommissioning obligations for facilities on their leases,
including all obstructions, as the obligations accrue and until each obligation is met.
(b) Grant holders are jointly and severally liable for meeting decommissioning obligations for facilities on their grant, including
all obstructions, as the obligations accrue and until each obligation is met.

§ 285.901 When do I accrue decommissioning obligations?
You accrue decommissioning obligations when you are or become a lessee or grant holder, and you either install, construct, or
acquire by a BOEM-approved assignment a facility, cable, or pipeline, or you create an obstruction to other uses of the OCS.

§ 285.902 What are the general requirements for decommissioning for facilities authorized under my SAP, COP,
or GAP?
(a) Except as otherwise authorized under § 285.909, within 2 years following termination of a lease or grant, you must:
(1) Remove or decommission all facilities, projects, cables, pipelines, and obstructions;
(2) Clear the seafloor of all obstructions created by activities on your lease, including your project easement, or grant.
(b) Before decommissioning the facilities under your SAP, COP, or GAP, you must submit a decommissioning application to, and
receive approval from, BSEE.
(c) The approval of the decommissioning concept in the SAP, COP, or GAP is not an approval of a decommissioning
application. However, you may submit your complete decommissioning application to BSEE simultaneously with the SAP,
COP, or GAP, so that it may undergo appropriate technical and regulatory reviews at that time.
(d) Following approval of your decommissioning application, you must submit a decommissioning notice under § 285.908 to
BSEE at least 60 days before commencing decommissioning activities.
(e) If you, your subcontractors, or any agent acting on your behalf discovers any archaeological resource while conducting
decommissioning activities, you must immediately halt bottom-disturbing activities within 1,000 feet of the discovery and
report the discovery to us within 72 hours. BOEM will inform you how to conduct investigations to determine if the resource
is significant and how to protect it in accordance with 30 CFR 585.702. You, your subcontractors, or any agent acting on
your behalf must keep the location of the discovery confidential and must not take any action that may adversely affect the
archaeological resource until we have made an evaluation and told you how to proceed.
(f) Provide BOEM with documentation of any coordination efforts you have made with the affected States, local, and Tribal
governments.

§ 285.903 What are the requirements for decommissioning FERC-licensed hydrokinetic facilities?
You must comply with the decommissioning requirements in your BOEM-issued lease. If you fail to comply with the decommissioning
requirements of your lease then:
(a) BOEM may call for the forfeiture of your bond or other financial assurance;
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(b) You remain liable for removal or disposal costs and responsible for accidents or damages that might result from such
failure; and
(c) BSEE may take enforcement action under § 285.400.

§ 285.904 Can I request a departure from the decommissioning requirements?
You may request a departure from the decommissioning requirements under § 285.103.

Decommissioning Applications

§ 285.905 When must I submit my decommissioning application?
You must submit your decommissioning application upon the earliest of the following dates:
(a) Two (2) years before the expiration of your lease.
(b) Ninety (90) days after completion of your commercial activities on a commercial lease.
(c) Ninety (90) days after completion of your approved activities under a limited lease on a ROW grant or RUE grant.
(d) Ninety (90) days after cancellation, relinquishment, or other termination of your lease or grant.

§ 285.906 What must my decommissioning application include?
You must provide one paper copy and one electronic copy of the application. Include the following information in the application, as
applicable.
(a) Identification of the applicant including:
(1) Lease operator, ROW grant holder, or RUE grant holder;
(2) Address;
(3) Contact person and telephone number; and
(4) Shore base.
(b) Identification and description of the facilities, cables, or pipelines you plan to remove or propose to leave in place, as
provided in § 285.909.
(c) A proposed decommissioning schedule for your lease, ROW grant, or RUE grant, including the expiration or relinquishment
date and proposed month and year of removal.
(d) A description of the removal methods and procedures, including the types of equipment, vessels, and moorings (i.e.,
anchors, chains, lines, etc.) you will use.
(e) A description of your site clearance activities.
(f) Your plans for transportation and disposal (including as an artificial reef) or salvage of the removed facilities, cables, or
pipelines and any required approvals.
(g) A description of those resources, conditions, and activities that could be affected by or could affect your proposed
decommissioning activities. The description must be as detailed as necessary to assist BSEE in complying with the NEPA
and other relevant Federal laws.
(h) The results of any recent biological surveys conducted in the vicinity of the structure and recent observations of turtles or
marine mammals at the structure site.
(i)

Mitigation measures you will use to protect archaeological and sensitive biological features during removal activities.

(j)

A description of measures you will take to prevent unauthorized discharge of pollutants, including marine trash and debris,
into the offshore waters.

(k) A statement of whether or not you will use divers to survey the area after removal to determine any effects on marine life.
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§ 285.907 How will BSEE process my decommissioning application?
(a) Based upon your inclusion of all the information required by § 285.906, BSEE will compare your decommissioning
application with the decommissioning general concept in your approved SAP, COP, or GAP to determine what technical and
environmental reviews are needed.
(b) You will likely have to revise your SAP, COP, or GAP, and BOEM will begin the appropriate NEPA analysis and other regulatory
reviews as required, if BSEE determines that your decommissioning application would:
(1) Result in a significant change in the impacts previously identified and evaluated in your SAP, COP, or GAP;
(2) Require any additional Federal permits; or
(3) Propose activities not previously identified and evaluated in your SAP, COP, or GAP.
(c) During the review process, we may request additional information if we determine that the information provided is not
sufficient to complete the review and approval process.
(d) Upon completion of the technical and environmental reviews, we may approve, approve with conditions, or disapprove your
decommissioning application.
(e) If BSEE disapproves your decommissioning application, you must resubmit your application to address the concerns
identified by BSEE.

§ 285.908 What must I include in my decommissioning notice?
(a) The decommissioning notice is distinct from your decommissioning application and may only be submitted following
approval of your decommissioning application, as described in §§ 285.905 through 285.907. You must submit a
decommissioning notice at least 60 days before you plan to begin decommissioning activities.
(b) Your decommissioning notice must include:
(1) A description of any changes to the approved removal methods and procedures in your approved decommissioning
application, including changes to the types of vessels and equipment you will use; and
(2) An updated decommissioning schedule.
(c) BSEE will review your decommissioning notice and may require you to resubmit a decommissioning application if BSEE
determines that your decommissioning activities would:
(1) Result in a significant change in the impacts previously identified and evaluated;
(2) Require any additional Federal permits; or
(3) Propose activities not previously identified and evaluated.

Facility Removal

§ 285.909 When may facilities remain in place following termination of a lease or grant?
(a) In your decommissioning application, you may request that certain facilities authorized in your lease or grant remain in
place for other activities authorized in this part, elsewhere in this subchapter, or by other applicable Federal law.
(b) Except as provided in paragraph (c) of this section, if BOEM authorizes facilities to remain in place, the former lessee or
grantee under this part remains jointly and severally liable for decommissioning the facility unless satisfactory evidence is
provided to BOEM showing that another party has assumed that responsibility and has secured adequate financial
assurances.
(c) In your decommissioning application, identify facilities authorized by BOEM to be converted to an artificial reef or otherwise
toppled in place.

§ 285.910 What must I do when I remove my facility?
(a) You must remove all facilities to a depth of 15 feet below the mudline, unless otherwise authorized by BSEE.
(b) Within 60 days after you remove a facility, you must verify to BSEE that you have cleared the site.
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§ 285.911 [Reserved]
Decommissioning Report

§ 285.912 After I remove a facility, cable, or pipeline, what information must I submit?
Within 60 days after you remove a facility, cable, or pipeline, you must submit a written report to BSEE that includes the following:
(a) A summary of the removal activities, including the date they were completed;
(b) A description of any mitigation measures you took; and
(c) If you used explosives, a statement signed by your authorized representative that certifies that the types and amount of
explosives you used in removing the facility were consistent with those in the approved decommissioning application.

Compliance With an Approved Decommissioning Application

§ 285.913 What happens if I fail to comply with my approved decommissioning application?
If you fail to comply with your approved decommissioning plan or application:
(a) BOEM may call for the forfeiture of your bond or other financial assurance;
(b) You remain liable for removal or disposal costs and responsible for accidents or damages that might result from such
failure; and
(c) BSEE may take enforcement action under § 285.400.

Subpart J—Rights of Use and Easement for Energy- and Marine-Related Activities Using Existing OCS Facilities
Regulated Activities

§ 285.1000 What activities does this subpart regulate?
This subpart provides the general provisions for regulating activities that use (or propose to use) an existing OCS facility for energyor marine-related purposes, that are not otherwise authorized under any other part of this subchapter or any other applicable Federal
statute. Activities authorized under any other part of this subchapter or under any other Federal law that use (or propose to use) an
existing OCS facility are not subject to this subpart.

§§ 285.1001-285.1013 [Reserved]
Alternate Use RUE Administration

§ 285.1014 When will BSEE suspend an Alternate Use RUE?
(a) BSEE may suspend an Alternate Use RUE if:
(1) Necessary to comply with judicial decrees;
(2) Continued activities pursuant to the Alternate Use RUE pose an imminent threat of serious or irreparable harm or
damage to natural resources; life (including human and wildlife); property; the marine, coastal, or human environment;
or sites, structures, or objects of historical or archaeological significance; or
(3) Operation of the existing OCS facility that is subject to the Alternate Use RUE has been suspended or temporarily
prohibited and we have determined that continued activities under the Alternate Use RUE are unsafe or cause undue
interference with the operation of the original OCS Lands Act approved activity.
(b) A suspension will extend the term of your Alternate Use RUE grant for the period of the suspension.

§ 285.1015 [Reserved]

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§ 285.1016 When will an Alternate Use RUE be cancelled?
The Secretary may cancel an Alternate Use RUE if it is determined, after notice and opportunity to be heard:
(a) You no longer qualify to hold an Alternate Use RUE;
(b) You failed to provide any additional financial assurance required by BOEM, replace or provide additional coverage for a devalued bond, or replace a lapsed or forfeited bond within the prescribed time period;
(c) Continued activity under the Alternate Use RUE is likely to cause serious harm or damage to natural resources; life
(including human and wildlife); property; the marine, coastal, or human environment; or sites, structures, or objects of
historical or archaeological significance;
(d) Continued activity under the Alternate Use RUE is determined to be adversely impacting the original OCS Lands Act
approved activities on the existing OCS facility;
(e) You failed to comply with any of the terms and conditions of your approved Alternate Use RUE or your approved plan; or
(f) You otherwise failed to comply with applicable laws or regulations.

§ 285.1017 [Reserved]
Decommissioning an Alternate Use RUE

§ 285.1018 Who is responsible for decommissioning an OCS facility subject to an Alternate Use RUE?
(a) The holder of an Alternate Use RUE is responsible for all decommissioning obligations that accrue following the issuance
of the Alternate Use RUE and which pertain to the Alternate Use RUE.
(b) The lessee under the lease originally issued under 30 CFR chapter V will remain responsible for decommissioning
obligations that accrued before issuance of the Alternate Use RUE, as well as for decommissioning obligations that accrue
following issuance of the Alternate Use RUE to the extent associated with continued activities authorized under other parts
of this title.

§ 285.1019 What are the decommissioning requirements for an Alternate Use RUE?
(a) Decommissioning requirements will be determined by BOEM and BSEE on a case-by-case basis, and will be included in the
terms of the Alternate Use RUE.
(b) Decommissioning activities must be completed within 1 year of termination of the Alternate Use RUE.
(c) If you fail to satisfy all decommissioning requirements within the prescribed time period, BOEM will call for the forfeiture of
your bond or other financial guarantee, and you will remain liable for all accidents or damages that might result from such
failure.

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