View Information Collection Request (ICR) Package

OMB Control No: 1014-0034	ICR Reference No: 202403-1014-002
Status: Active	Previous ICR Reference No: 202401-1014-001
Agency/Subagency: DOI/BSEE	Agency Tracking No: 1010-AE04 Final Mod rule
Title: RE Modernization Final rule stage—Renewable Energy and Alternate Uses of Existing Facilities on the Outer Continental Shelf - BSEE 30 CFR Part 285
Type of Information Collection: Revision of a currently approved collection	Common Form ICR: No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 07/01/2024
	Date Received in OIRA: 05/15/2024
Terms of Clearance: 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.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2026	36 Months From Approved	11/30/2026
Responses	119	0	103
Time Burden (Hours)	9,802	0	8,908
Cost Burden (Dollars)	1,908,000	0	1,908,000

Abstract: 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 grantee’s 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.

Authorizing Statute(s): PL: Pub.L. 109 - 58 388(a) Name of Law: Energy Policy Act of 2005
US Code: 43 USC 1337 Name of Law: Outer Continental Shelf Lands Act

Citations for New Statutory Requirements: None

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1010-AE04	Final or interim final rulemaking	89 FR 42602	05/15/2024

Federal Register Notices & Comments
30-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 42602	05/15/2024
Did the Agency receive public comments on this ICR? No

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to Agency Discretion
Annual Number of Responses	119	103	16
Annual Time Burden (Hours)	9,802	8,908	894
Annual Cost Burden (Dollars)	1,908,000	1,908,000	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: 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 DOI’s 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.

Annual Cost to Federal Government: $1,039,012

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination. No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination. No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

Agency Contact: Nicole Mason 703 787-1605 nicole.mason@boemre.gov

View ICR - OIRA Conclusion