81 FR 34274 - Leasing of Sulfur or Oil and Gas in the Outer Continental Shelf; Correction MMAA104000

DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management

Federal Register Volume 81, Issue 104 (May 31, 2016)

Page Range		34274-34275
FR Document		2016-12095

On March 30, 2016, the Bureau of Ocean Energy Management (BOEM) published in the Federal Register a final rule that updates and streamlines the Outer Continental Shelf (OCS) oil and gas and sulfur leasing regulations, which will become effective on May 31, 2016 (81 FR 18111) (``Leasing Rule''). One of the regulations contained in the final rule was incorrectly stated. This document corrects that error

Federal Register, Volume 81 Issue 104 (Tuesday, May 31, 2016)

[Federal Register Volume 81, Number 104 (Tuesday, May 31, 2016)]
[Rules and Regulations]
[Pages 34274-34275]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-12095]


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DEPARTMENT OF THE INTERIOR

Bureau of Ocean Energy Management

30 CFR Part 556

[Docket ID: BOEM-2016-0031]
RIN 1010-AD06


Leasing of Sulfur or Oil and Gas in the Outer Continental Shelf; 
Correction MMAA104000

AGENCY: Bureau of Ocean Energy Management (BOEM), Interior.

ACTION: Final rule; correction.

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SUMMARY: On March 30, 2016, the Bureau of Ocean Energy Management 
(BOEM) published in the Federal Register a final rule that updates and 
streamlines the Outer Continental Shelf (OCS) oil and gas and sulfur 
leasing regulations, which will become effective on May 31, 2016 (81 FR 
18111) (``Leasing Rule''). One of the regulations contained in the 
final rule was incorrectly stated. This document corrects that error

DATES: This correction is effective on May 31, 2016.

FOR FURTHER INFORMATION CONTACT: Robert Sebastian, Office of Policy, 
Regulation and Analysis at (504) 736-2761 or email at 
[email protected].

SUPPLEMENTARY INFORMATION:

Need for Correction

    BOEM has the authority, under certain conditions, to disqualify a 
party from acquiring a lease or an interest in a lease on the Outer 
Continental Shelf (OCS). The title, as well as the verbiage, of Sec.  
556.403 in the final Leasing Rule, states that BOEM may disqualify 
entities from ``holding,'' a lease or lease interest on the OCS. This 
could be interpreted to imply that BOEM would not allow a disqualified 
party to retain a pre-existing OCS lease interest. That interpretation 
is incorrect. Disqualified entities may not acquire new leases or lease 
interests, but they may continue to hold existing leases or lease 
interests. BOEM is correcting the wording of Sec.  556.403 to avoid the 
implication that the use of the word ``hold'' might authorize BOEM, 
under the conditions stated in Sec.  556.403, to require forfeiture of 
leases already acquired. The final rule was issued under Docket ID: 
MMS-2007-OMM-0069, which has expired and is no longer accessible. 
Therefore, BOEM is utilizing a new Docket ID for this correction (BOEM-
2016-0031).

Procedural Requirements

    Section V, Legal and Regulatory Analyses, of the final rule issued 
on March 30, 2016 (81 FR 18145), summarizes BOEM's analyses of that 
rule pursuant to applicable statutes and executive orders. This 
amendment does not change the conclusions described in that section 
because the amendment conforms the regulatory text to BOEM's intent in 
the final rule, as then analyzed. Therefore, no additional analysis is 
necessary.
    The Administrative Procedure Act, 5 U.S.C. 553(b), provides that, 
when an agency for good cause finds that ``notice and public procedure 
. . . are impracticable, unnecessary, or contrary to the public 
interest,'' the agency may issue a rule without providing notice and an 
opportunity for prior public comment. To the extent this rule has 
substantive effects, it is to relieve regulated parties from sanctions. 
It does not require any party to change its conduct, and it does not 
change the rights of any party affected by the final rule. Therefore, 
BOEM believes that the public would not be interested in commenting on 
this correction, and thus notice and comment are unnecessary. Moreover, 
if BOEM were to first publish a proposed rule, allow the public 
sufficient time to submit comments, analyze the comments, and then 
publish a final rule, it would not be possible to correct this error 
and make it effective on the same day as the earlier final rule, May 
31, 2016. Accordingly, notice and comment is impracticable. For these 
reasons, BOEM finds that soliciting public comment is unnecessary and 
impracticable and that there is good

[[Page 34275]]

cause to promulgate this rule without first providing for public 
comment.
    Similarly, BOEM finds that there is good cause to waive the usual 
30-day delay in the effective date for this correction. This correction 
will not require any party to adjust its conduct and will not change 
the effect of the already published final rule. For these reasons, BOEM 
believes that the public does not need 30 days advance notice of this 
correction and that a delay in effectiveness is unnecessary. If this 
correction is not made effective on the same date, it would not become 
effective until after the erroneous language in the already published 
rule becomes effective, May 31, 2016. This could cause confusion to 
anyone potentially affected by Sec.  556.403, making a 30-day delay in 
effectiveness impracticable. Therefore, pursuant to 5 U.S.C. 553(d), 
BOEM has determined that a 30-day delay in the effective date is 
unnecessary and impractical, and there is good cause to waive the 
delayed effective date for this final rule.

    Dated: May 16, 2016.
Amanda C. Leiter,
Acting Assistant Secretary--Land and Minerals Management.

    For the reasons stated in the preamble, BOEM amends 30 CFR part 556 
(as amended by the final rule published on March 30, 2016, at 81 FR 
18111) as follows:

PART 556--LEASING OF SULFUR OR OIL AND GAS AND BONDING REQUIREMENTS 
IN THE OUTER CONTINENTAL SHELF

0
1. The authority citation for part 556 continues to read as follows:

    Authority: 30 U.S.C. 1701 note, 30 U.S.C. 1711, 31 U.S.C. 9701, 
42 U.S.C. 6213, 43 U.S.C. 1331 note, 43 U.S.C. 1334, 43 U.S.C. 1801-
1802.

0
2. Revise Sec.  556.403 to read as follows:


Sec.  556.403  Under what circumstances may I be disqualified from 
acquiring a lease or an interest in a lease on the OCS?

    You may be disqualified from acquiring a lease or an interest in a 
lease on the OCS if:
    (a) You or your principals are excluded or disqualified from 
participating in a transaction covered by Federal non-procurement 
debarment and suspension (2 CFR parts 180 and 1400), unless the 
Department explicitly approves an exception for a transaction pursuant 
to the regulations in those parts;
    (b) The Secretary finds, after notice and hearing, that you or your 
principals (including in the meaning of ``you,'' for purposes of this 
subparagraph, a bidder or prospective bidder) fail to meet due 
diligence requirements or to exercise due diligence under section 8(d) 
of OCSLA (43 U.S.C. 1337(d)) on any OCS lease; or
    (c) BOEM disqualifies you from acquiring a lease or an interest in 
a lease on the OCS based on your unacceptable operating performance. 
BOEM will give you adequate notice and opportunity for a hearing before 
imposing a disqualification, unless BSEE has already provided such 
notice and opportunity for a hearing.

[FR Doc. 2016-12095 Filed 5-27-16; 8:45 am]
 BILLING CODE 4310-MR-P

34274 Federal Register / Vol. 81, No. 104 / Tuesday, May 31, 2016 / Rules and Regulations

Federal Regulations part 771, and title annually by the Secretary to reflect any from acquiring a lease or an interest in
49, Code of Federal Regulations part increases in the Consumer Price Index a lease on the Outer Continental Shelf
662, as follows: prepared by the Department of Labor, (OCS). The title, as well as the verbiage,
see www.fhwa.dot.gov or of § 556.403 in the final Leasing Rule,
TITLE 23—Highways
www.fta.dot.gov) and Federal funds states that BOEM may disqualify entities
PART 771—ENVIRONMENTAL IMPACT comprising less than 15 percent of the from ‘‘holding,’’ a lease or lease interest
AND RELATED PROCEDURES total estimated project cost. on the OCS. This could be interpreted
* * * * * to imply that BOEM would not allow a
■ 1. Revise the authority citation for part disqualified party to retain a pre-
771 to read as follows: TITLE 49—Transportation existing OCS lease interest. That
Authority: 42 U.S.C. 4321 et seq.; 23 interpretation is incorrect. Disqualified
PART 622—ENVIRONMENTAL IMPACT entities may not acquire new leases or
U.S.C. 106, 109, 128, 138, 139, 315, 325, 326, AND RELATED PROCEDURES
and 327; 49 U.S.C. 303; 40 CFR parts 1500– lease interests, but they may continue to
1508; 49 CFR 1.81, 1.85, and 1.91; Pub. L. ■ 4. Revise the authority citation for part hold existing leases or lease interests.
109–59, 119 Stat. 1144, Sections 6002 and
622 to read as follows: BOEM is correcting the wording of
6010; Pub. L. 112–141, 126 Stat. 405, § 556.403 to avoid the implication that
Sections 1315, 1316, 1317, 1318, and 1319; Authority: 42 U.S.C. 4321 et seq.; 49 the use of the word ‘‘hold’’ might
Pub. L. 114–94, 129 Stat. 1312, Sections 1314 U.S.C. 303 and 5323(q); 23 U.S.C. 139 and authorize BOEM, under the conditions
and 1315. 326; Pub. L. 109–59, 119 Stat. 1144, Sections
stated in § 556.403, to require forfeiture
6002 and 6010; 40 CFR parts 1500–1508; 49
■ 2. Revise § 771.117(c)(23) and (g) CFR 1.81; Pub. L. 112–141, 126 Stat. 405, of leases already acquired. The final rule
introductory text to read as follows: Sections 1315, 1316, 1317, 1318, and 1319; was issued under Docket ID: MMS–
and Pub. L. 114–94, 129 Stat. 1312, Section 2007–OMM–0069, which has expired
§ 771.117 FHWA categorical exclusions. and is no longer accessible. Therefore,
1314.
* * * * * BOEM is utilizing a new Docket ID for
[FR Doc. 2016–12577 Filed 5–27–16; 8:45 am]
(c) * * * this correction (BOEM–2016–0031).
(23) Federally-funded projects: BILLING CODE 4910–22–P
(i) That receive less than $5,000,000 Procedural Requirements
(as adjusted annually by the Secretary to Section V, Legal and Regulatory
reflect any increases in the Consumer DEPARTMENT OF THE INTERIOR Analyses, of the final rule issued on
Price Index prepared by the Department March 30, 2016 (81 FR 18145),
of Labor, see www.fhwa.dot.gov or Bureau of Ocean Energy Management summarizes BOEM’s analyses of that
www.fta.dot.gov) of Federal funds; or rule pursuant to applicable statutes and
(ii) With a total estimated cost of not 30 CFR Part 556 executive orders. This amendment does
more than $30,000,000 (as adjusted [Docket ID: BOEM–2016–0031] not change the conclusions described in
annually by the Secretary to reflect any that section because the amendment
increases in the Consumer Price Index RIN 1010–AD06 conforms the regulatory text to BOEM’s
prepared by the Department of Labor, intent in the final rule, as then analyzed.
see www.fhwa.dot.gov or Leasing of Sulfur or Oil and Gas in the
Therefore, no additional analysis is
www.fta.dot.gov) and Federal funds Outer Continental Shelf; Correction
necessary.
comprising less than 15 percent of the MMAA104000 The Administrative Procedure Act, 5
total estimated project cost. AGENCY: Bureau of Ocean Energy U.S.C. 553(b), provides that, when an
* * * * * Management (BOEM), Interior. agency for good cause finds that ‘‘notice
(g) FHWA may enter into ACTION: Final rule; correction.
and public procedure . . . are
programmatic agreements with a State impracticable, unnecessary, or contrary
to allow a State DOT to make a NEPA SUMMARY: On March 30, 2016, the to the public interest,’’ the agency may
CE certification or determination and Bureau of Ocean Energy Management issue a rule without providing notice
approval on FHWA’s behalf, for CEs (BOEM) published in the Federal and an opportunity for prior public
specifically listed in paragraphs (c) and Register a final rule that updates and comment. To the extent this rule has
(d) of this section and that meet the streamlines the Outer Continental Shelf substantive effects, it is to relieve
criteria for a CE under 40 CFR 1508.4, (OCS) oil and gas and sulfur leasing regulated parties from sanctions. It does
and are identified in the programmatic regulations, which will become effective not require any party to change its
agreement. Such agreements must be on May 31, 2016 (81 FR 18111) conduct, and it does not change the
subject to the following conditions: (‘‘Leasing Rule’’). One of the regulations rights of any party affected by the final
* * * * * contained in the final rule was rule. Therefore, BOEM believes that the
incorrectly stated. This document public would not be interested in
■ 3. Revise § 771.118(c)(13) to read as
corrects that error commenting on this correction, and thus
follows:
notice and comment are unnecessary.
DATES: This correction is effective on
§ 771.118 FTA categorical exclusions. Moreover, if BOEM were to first publish
May 31, 2016.
* * * * * a proposed rule, allow the public
FOR FURTHER INFORMATION CONTACT: sufficient time to submit comments,
(c) * * *
Robert Sebastian, Office of Policy, analyze the comments, and then publish
(13) Federally-funded projects:
asabaliauskas on DSK3SPTVN1PROD with RULES

(i) That receive less than $5,000,000 Regulation and Analysis at (504) 736– a final rule, it would not be possible to
(as adjusted annually by the Secretary to 2761 or email at robert.sebastian@ correct this error and make it effective
reflect any increases in the Consumer boem.gov. on the same day as the earlier final rule,
Price Index prepared by the Department SUPPLEMENTARY INFORMATION: May 31, 2016. Accordingly, notice and
of Labor, see www.fhwa.dot.gov or comment is impracticable. For these
Need for Correction reasons, BOEM finds that soliciting
www.fta.dot.gov) of Federal funds; or
(ii) With a total estimated cost of not BOEM has the authority, under public comment is unnecessary and
more than $30,000,000 (as adjusted certain conditions, to disqualify a party impracticable and that there is good

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Document Created: 2016-05-28 03:57:47
Document Modified: 2016-05-28 03:57:47

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule; correction.
Dates		This correction is effective on May 31, 2016.
Contact		Robert Sebastian, Office of Policy, Regulation and Analysis at (504) 736-2761 or email at [email protected]
FR Citation		81 FR 34274
RIN Number		1010-AD06

81 FR 34274 - Leasing of Sulfur or Oil and Gas in the Outer Continental Shelf; Correction MMAA104000

DEPARTMENT OF THE INTERIORBureau of Ocean Energy Management

Federal Register Volume 81, Issue 104 (May 31, 2016)

DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management