RE Modernization Final rule stageâRenewable Energy and Alternate Uses of Existing Facilities on the Outer Continental Shelf - BSEE 30 CFR Part 285
Revision of a currently approved collection
No
Regular
Approved without change
07/01/2024
05/15/2024
Because the agency sought comments only on the changes associated with the regulation, the existing expiration date remains the same for this collection. In accordance with 5 CFR 1320, the information collection is approved.
table that charts list comparision
Inventory as of this Action
Requested
Previously Approved
11/30/2026
36 Months From Approved
11/30/2026
119
0
103
9,802
0
8,908
1,908,000
0
1,908,000
BSEE uses the information to oversee facility design, fabrication, installation, and safety management systems; ensure the safety of operations, including inspection programs and incident reporting and investigations; enforce compliance with all applicable safety, environmental, and other laws and regulations through enforcement actions (such as noncompliance notices, cessation orders, and certain lease suspensions); and oversee decommissioning activities. These responsibilities include enforcement provisions under the existing part 285Subpart D, various information submittal requirements under Subpart F, as well as provisions governing activities conducted under an approved plan, including the design, construction, operation, and decommissioning of facilities under Subparts G, H, and I. The requirements for and standards of review regarding the Facility Design Report (FDR) and Facility Fabrication and Installation Report (FIR) are unchanged: the FDR and FIR will continue to be evaluated for consistency with the Construction and Operations Plan (COP) and applicable engineering standards. Decommissioning requirements related to rights-of-use and easement for alternate uses of existing OCS facilities (Alternate Use RUE) have also been transferred from the existing Subpart J to part 285. BSEE assumes the responsibility for ordering a lease or grant suspension when continued activities pose an imminent threat of serious or irreparable harm or damage to natural resources, life, property, the marine coastal, or human environment, or sites, structures, or objects of historical or archaeological significance. BSEE may also order a suspension when necessary to comply with a judicial decree. BSEE also assumes authority to issue cessation orders to address noncompliance on the part of the grantee or lessee. The Department does not issue Suspensions for Alternate Use RUEs upon the granteeâs request, but only by order. BOEM will retain authority to order suspensions required for National security, and BSEE will assume authority to order suspensions to address a threat of harm from continued operations. Either bureau may order a suspension when necessary to comply with a judicial decree. BSEE will order suspensions when operations are halted on the existing facility and BSEE determines continuation of the alternate use is unsafe or causes undue interference with the facility. Part 285 Subpart D, Lease and Grant Administration, includes the authority to issue notices of noncompliance (NONCs) and cessation orders, and to pursue civil penalties and recommend criminal penalties. BSEE assumes authority for oversight and enforcement of the design, construction, operation, and decommissioning phases of offshore wind development, as well as enforcement of requirements related to Alternate Use RUEs.
The current OMB inventory for this collection is 8,908 burden hours. In this submission, we are requesting a program change increase of +894 in burden hours making the new total of 9,802 burden hours. The program changes are due to changing regulations. This correcting amendment, published in the Federal Register on January 3, 2024 (89 FR 309), pertains to DOIâs Proposed Rule, Renewable Energy Modernization Rule, which published in the Federal Register on January 30, 2023 [88 FR 5968]. Subsequent to publication of the Proposed Rule, the DOI published the Reorganization Rule, Reorganization of Title 30-Renewable Energy and Alternate Uses of Existing Facilities on the Outer Continental Shelf in the Federal Register on January 31, 2023 [88 FR 6376], which relocated or reproduced certain of the regulatory provisions addressed in the Proposed Rule under 30 CFR part 585 to the newly created 30 CFR part 285. No comments were received.
The current OMB non-hour cost burden for this ICR is $1,908,000. In this submission, we are not requesting any changes.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
250.700(b) - Explain to BSEE