81 FR 70357 - Leasing of Sulfur or Oil and Gas in the Outer Continental Shelf MMAA104000
DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management Federal Register Volume 81, Issue 197 (October 12, 2016)
Bureau of Ocean Energy Management
Federal Register Volume 81, Issue 197 (October 12, 2016)
| Page Range | 70357-70358 | |
| FR Document | 2016-24586 |
[Federal Register Volume 81, Number 197 (Wednesday, October 12, 2016)] [Rules and Regulations] [Pages 70357-70358] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-24586] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Bureau of Ocean Energy Management 30 CFR Parts 550, 556, 559 and 560 RIN 1010-AD06 [Docket ID: BOEM-2016-0031] Leasing of Sulfur or Oil and Gas in the Outer Continental Shelf MMAA104000 AGENCY: Bureau of Ocean Energy Management (BOEM), Interior. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule clarifies the language in one section of a final rule that the Bureau of Ocean Energy Management (BOEM) published in the Federal Register on March 30, 2016, and that became effective on May 31, 2016. DATES: Effective November 14, 2016. FOR FURTHER INFORMATION CONTACT: Robert Sebastian, Office of Policy, Regulation and Analysis at (504) 736-2761 or email at [email protected]. SUPPLEMENTARY INFORMATION: I. Background On March 30, 2016, BOEM published in the Federal Register (81 FR 18111), a final rule entitled Leasing of Sulfur or Oil and Gas in the Outer Continental Shelf, (leasing rule) which updated and streamlined the Outer Continental Shelf (OCS) oil and gas and sulfur leasing regulations, and became effective on May 31, 2016. On May 24, 2016, BOEM published a proposed rule to revise the leasing rule in order to clarify the language in one definition in Part 556 of that rule (81 FR 32694). In this final rule, BOEM amends 30 CFR 556.105 to revise that definition. II. Analysis Section 556.105 Acronyms and Definitions The term ``You'' was defined in Section 556.105 of the leasing rule by providing a list of categories of persons to whom the term applies. The definition also included an introductory sentence to clarify that some persons not yet in a legal relationship with BOEM were affected by portions of Part 556. That definition read as follows: ``You means any party that has, or may have, legal obligations to the Federal government with respect to any operations on the OCS in which it is or may become involved. Depending on the context of the regulation, the term ``you'' may include a lessee (record title owner), an operating rights owner, a designated operator or agent of the lessee, a predecessor lessee, a holder of a State or Federal RUE, or a pipeline ROW holder.'' The first sentence of that definition, by its reference to operations, might have caused confusion as to who is considered to be subject to the regulations in Part 556. Therefore, BOEM published a proposed rule and solicited public comments on its proposal to change the wording of the definition. In order to clarify the meaning of the definition, BOEM proposed to remove the introductory sentence of the definition and add specific references to: a bidder; a prospective bidder; and an applicant seeking to become an assignee of record title or operating rights. Those changes clarified the categories of persons who (depending on the context of the regulations) must comply with certain sections of Part 556, without the ambiguity of the definition as it was stated in the leasing rule. BOEM also proposed to clarify the term ``a holder of a State or Federal RUE'' contained in the definition. A RUE is not correctly described as being ``State'' or ``Federal.'' Rather, a RUE [[Page 70358]] should be described on the basis of whether it is granted in order to service or support either a State or a Federal lease. Therefore, a holder of a RUE (the person to whom the RUE is granted) is correctly referred to as a ``RUE holder for a State or Federal lease.'' III. Final Rule and Response to Comments BOEM received two comments on the proposed rule. One of those comments was non-substantive, while the other commended BOEM for its efforts to update and streamline the OCS oil and gas and sulfur leasing regulations, including the clarification at issue in this rulemaking. Neither comment recommended any changes to the proposed rule's definition of ``you.'' As a result, neither comment resulted in any changes to the proposed rule. Therefore, the final rule incorporates the exact wording of the proposed rule's definition of ``you'' into Section 556.105. As amended, the definition of ``you'' in Section 556.105 will read: ``You, depending on the context of the regulations, means a bidder, a prospective bidder, a lessee (record title owner), an operating rights owner, an applicant seeking to become an assignee of record title or operating rights, a designated operator or agent of the lessee, a predecessor lessee, a RUE holder for a State or Federal lease, or a pipeline ROW holder.'' IV. Procedural Requirements Section V, Legal and Regulatory Analyses, of the leasing rule issued on March 30, 2016 (81 FR 18145), summarizes BOEM's analyses of the rule pursuant to applicable statutes and executive orders. This amendment to that rule would not change any conclusion described in that section, because the amendment is only intended to clarify the meaning of one definition in one provision of the regulatory text in the leasing rule and would not require any additional actions by either BOEM or the regulated community. Therefore, no additional analysis is necessary. List of Subjects in 30 CFR Part 556 Administrative practice and procedure, Continental shelf, Environmental protection, Federal lands, Government contracts, Intergovernmental relations, Oil and gas exploration, Outer continental shelf, Mineral resources, Reporting and recordkeeping requirements. Dated: September 9, 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 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. 556.105 to amend the definition of ``you'' to read as follows: Sec. 556.105 Acronyms and definitions. * * * * * You, depending on the context of the regulations, means a bidder, a prospective bidder, a lessee (record title owner), an operating rights owner, an applicant seeking to become an assignee of record title or operating rights, a designated operator or agent of the lessee, a predecessor lessee, a RUE holder for a State or Federal lease, or a pipeline ROW holder. * * * * * [FR Doc. 2016-24586 Filed 10-11-16; 8:45 am] BILLING CODE 4310-MR-P
![Federal Register / Vol. 81, No. 197 / Wednesday, October 12, 2016 / Rules and Regulations 70357
drive electronics, and frequency for defense articles controlled in this category I. Background
converters, specially designed for laser where the purchase documentation includes
commodities, software, or technology subject On March 30, 2016, BOEM published
systems controlled in this category; in the Federal Register (81 FR 18111),
(22) Two-dimensional infrared scene to the EAR (see § 123.1(b) of this subchapter).
a final rule entitled Leasing of Sulfur or
projector emitter arrays (i.e., resistive Note to Category XII: For purposes of Oil and Gas in the Outer Continental
arrays) specially designed for infrared paragraphs (b)(6), (c)(1)(iii), (c)(3), (c)(4)(ii), Shelf, (leasing rule) which updated and
scene generators controlled in USML (c)(5), (c)(6)(viii)(b), and (c)(7)(ii) of this streamlined the Outer Continental Shelf
Category IX(a)(10); category, a ‘‘military end user’’ means the (OCS) oil and gas and sulfur leasing
* (23) Any part, component, national armed services (army, navy, marine, regulations, and became effective on
accessory, attachment, or associated air force, or coast guard), national guard,
May 31, 2016. On May 24, 2016, BOEM
equipment, that: national police, government intelligence or
reconnaissance organizations, or any person published a proposed rule to revise the
(i) Is classified;
or entity whose actions or functions are leasing rule in order to clarify the
(ii) Contains classified software;
(iii) Is manufactured using classified intended to support military end uses. A language in one definition in Part 556 of
production data; or system or end item is not specially designed that rule (81 FR 32694). In this final
(iv) Is being developed using for a military end user if the item was rule, BOEM amends 30 CFR 556.105 to
developed with knowledge that it is or would revise that definition.
classified information.
be for use by both military end users and
Note to paragraph (e)(23): ‘‘Classified’’ non-military end users, or if the item was or II. Analysis
means classified pursuant to Executive Order is being developed with no knowledge of use
13526, or predecessor order, and a security
Section 556.105 Acronyms and
by a particular end user. For the purpose of
classification guide developed pursuant Definitions
conducting a self-determination of
thereto or equivalent, or to the corresponding jurisdiction, documents contemporaneous The term ‘‘You’’ was defined in
classification rules of another government. with the development must establish such Section 556.105 of the leasing rule by
(24) Developmental image intensifier knowledge. For the purpose of a Commodity providing a list of categories of persons
tubes, focal plane arrays, read-out- Jurisdiction determination, the government to whom the term applies. The
may base a determination on post- definition also included an introductory
integrated circuits, accelerometers, development information that evidences
gyroscopes, angular rate sensors, and sentence to clarify that some persons
such knowledge or is otherwise consistent
inertial measurement units funded by with § 120.4 of this subchapter.
not yet in a legal relationship with
the Department of Defense (MT if BOEM were affected by portions of Part
designed or modified for rockets, * * * * * 556. That definition read as follows:
missiles, SLVs, drones, or unmanned ‘‘You means any party that has, or may
Rose E. Gottemoeller,
aerial vehicle systems capable of a range have, legal obligations to the Federal
Under Secretary, Arms Control and government with respect to any
equal to or greater than 300 km). International Security, Department of State.
operations on the OCS in which it is or
Note 1 to paragraph (e)(24): This [FR Doc. 2016–24225 Filed 10–11–16; 8:45 am]
paragraph does not control items: (a) In
may become involved. Depending on
BILLING CODE 4710–25–P the context of the regulation, the term
production, (b) determined to be subject to
the EAR via a Commodity Jurisdiction ‘‘you’’ may include a lessee (record title
determination (see § 120.4 of this owner), an operating rights owner, a
subchapter), or (c) identified in the relevant DEPARTMENT OF THE INTERIOR designated operator or agent of the
Department of Defense contract or other lessee, a predecessor lessee, a holder of
funding authorization as being developed for Bureau of Ocean Energy Management a State or Federal RUE, or a pipeline
both civil and military applications. ROW holder.’’
30 CFR Parts 550, 556, 559 and 560 The first sentence of that definition,
Note 2 to paragraph (e)(24): Note 1 does
not apply to defense articles enumerated on by its reference to operations, might
RIN 1010–AD06 have caused confusion as to who is
the U.S. Munitions List, whether in
production or development. considered to be subject to the
[Docket ID: BOEM–2016–0031]
regulations in Part 556. Therefore,
Note 3 to paragraph (e)(24): This provision BOEM published a proposed rule and
is applicable to those contracts or other Leasing of Sulfur or Oil and Gas in the
Outer Continental Shelf MMAA104000 solicited public comments on its
funding authorizations that are dated October proposal to change the wording of the
12, 2017 or later.
AGENCY: Bureau of Ocean Energy definition. In order to clarify the
(f) Technical data (see § 120.10) and Management (BOEM), Interior. meaning of the definition, BOEM
defense services (see § 120.9) directly ACTION: Final rule. proposed to remove the introductory
related to the defense articles described sentence of the definition and add
in paragraphs (a) through (e) of this SUMMARY: This final rule clarifies the specific references to: a bidder; a
category and classified technical data language in one section of a final rule prospective bidder; and an applicant
directly related to items controlled in that the Bureau of Ocean Energy seeking to become an assignee of record
ECCNs 7A611, 7B611, and 7D611. (See Management (BOEM) published in the title or operating rights. Those changes
§ 125.4 for exemptions.) (MT for Federal Register on March 30, 2016, clarified the categories of persons who
technical data and defense services and that became effective on May 31, (depending on the context of the
related to articles designated as such.) 2016. regulations) must comply with certain
(g)–(w) [Reserved] sections of Part 556, without the
DATES: Effective November 14, 2016.
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(x) Commodities, software, and ambiguity of the definition as it was
technology subject to the EAR (see FOR FURTHER INFORMATION CONTACT:
stated in the leasing rule.
§ 120.42 of this subchapter) used in or Robert Sebastian, Office of Policy, BOEM also proposed to clarify the
with defense articles controlled in this Regulation and Analysis at (504) 736– term ‘‘a holder of a State or Federal
category. 2761 or email at robert.sebastian@ RUE’’ contained in the definition. A
boem.gov. RUE is not correctly described as being
Note to paragraph (x): Use of this
paragraph is limited to license applications SUPPLEMENTARY INFORMATION: ‘‘State’’ or ‘‘Federal.’’ Rather, a RUE
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![70358 Federal Register / Vol. 81, No. 197 / Wednesday, October 12, 2016 / Rules and Regulations
should be described on the basis of Dated: September 9, 2016. DATES: This rule is effective without
whether it is granted in order to service Amanda C. Leiter, actual notice from October 12, 2016
or support either a State or a Federal Acting Assistant Secretary—Land and until November 19, 2016. For the
lease. Therefore, a holder of a RUE (the Minerals Management. purposes of enforcement, actual notice
person to whom the RUE is granted) is For the reasons stated in the will be used from September 1, 2016
correctly referred to as a ‘‘RUE holder preamble, BOEM amends 30 CFR part until October 12, 2016.
for a State or Federal lease.’’ 556 as follows: ADDRESSES: To view documents
III. Final Rule and Response to mentioned in this preamble as being
PART 556—LEASING OF SULFUR OR available in the docket, go to http://
Comments OIL AND GAS AND BONDING www.regulations.gov, type USCG–2016–
BOEM received two comments on the REQUIREMENTS IN THE OUTER 0845 in the ‘‘SEARCH’’ box and click
CONTINENTAL SHELF
proposed rule. One of those comments ‘‘SEARCH.’’ Click on Open Docket
was non-substantive, while the other ■ 1. The authority citation for part 556 Folder on the line associated with this
commended BOEM for its efforts to continues to read as follows: rule.
update and streamline the OCS oil and FOR FURTHER INFORMATION CONTACT: If
Authority: 30 U.S.C. 1701 note, 30 U.S.C.
gas and sulfur leasing regulations, 1711, 31 U.S.C. 9701, 42 U.S.C. 6213, 43 you have questions on this rule, call or
including the clarification at issue in U.S.C. 1331 note, 43 U.S.C. 1334, 43 U.S.C. email Petty Officer Ashley Schad, MSD
this rulemaking. Neither comment 1801–1802. Nashville, Nashville, TN, at 615–736–
recommended any changes to the ■ 2. Revise § 556.105 to amend the 5421 or at Ashley.M.Schad@uscg.mil.
proposed rule’s definition of ‘‘you.’’ As definition of ‘‘you’’ to read as follows:
a result, neither comment resulted in SUPPLEMENTARY INFORMATION:
any changes to the proposed rule. § 556.105 Acronyms and definitions.
I. Table of Abbreviations
Therefore, the final rule incorporates the * * * * *
You, depending on the context of the CFR Code of Federal Regulations
exact wording of the proposed rule’s
regulations, means a bidder, a DHS Department of Homeland Security
definition of ‘‘you’’ into Section FR Federal Register
556.105. prospective bidder, a lessee (record title
NPRM Notice of proposed rulemaking
owner), an operating rights owner, an
As amended, the definition of ‘‘you’’ § Section
applicant seeking to become an assignee U.S.C. United States Code
in Section 556.105 will read: ‘‘You, of record title or operating rights, a
depending on the context of the designated operator or agent of the II. Background Information and
regulations, means a bidder, a lessee, a predecessor lessee, a RUE Regulatory History
prospective bidder, a lessee (record title holder for a State or Federal lease, or a
owner), an operating rights owner, an pipeline ROW holder. The Coast Guard is issuing this
applicant seeking to become an assignee temporary rule without prior notice and
* * * * * opportunity to comment pursuant to
of record title or operating rights, a [FR Doc. 2016–24586 Filed 10–11–16; 8:45 am]
designated operator or agent of the authority under section 4(a) of the
BILLING CODE 4310–MR–P
lessee, a predecessor lessee, a RUE Administrative Procedure Act (APA) (5
holder for a State or Federal lease, or a U.S.C. 553(b)). This provision
pipeline ROW holder.’’ authorizes an agency to issue a rule
DEPARTMENT OF HOMELAND without prior notice and opportunity to
IV. Procedural Requirements SECURITY comment when the agency for good
Coast Guard cause finds that those procedures are
Section V, Legal and Regulatory ‘‘impracticable, unnecessary, or contrary
Analyses, of the leasing rule issued on to the public interest.’’ Under 5 U.S.C.
March 30, 2016 (81 FR 18145), 33 CFR Part 165
553(b)(B), the Coast Guard finds that
summarizes BOEM’s analyses of the rule [Docket Number USCG–2016–0845] good cause exists for not publishing a
pursuant to applicable statutes and notice of proposed rulemaking (NPRM)
RIN 1625–AA00
executive orders. This amendment to with respect to this rule because the
that rule would not change any Safety Zone; Tennessee River, event sponsor submitted the event
conclusion described in that section, Knoxville, TN, MM TNR 646.9–647.1 application on August 9, 2016. This late
because the amendment is only submission did not give the Coast Guard
intended to clarify the meaning of one AGENCY: Coast Guard, DHS.
enough time to complete the full NPRM
definition in one provision of the ACTION: Temporary final rule. process. It is impracticable to publish an
regulatory text in the leasing rule and NPRM because we must establish this
SUMMARY: The Coast Guard is
would not require any additional establishing a temporary safety zone for safety zone by September 1, 2016.
actions by either BOEM or the regulated all waters of the Tennessee River We are issuing this rule, and under 5
community. Therefore, no additional beginning at mile marker 646.9 and U.S.C. 553(d)(3), the Coast Guard finds
analysis is necessary. ending at mile marker 647.1, extending that good cause exists for making it
List of Subjects in 30 CFR Part 556 bank to bank. This temporary safety effective less than 30 days after
zone is necessary to protect persons and publication in the Federal Register.
Administrative practice and property from potential damage and Delaying this rule would be contrary to
mstockstill on DSK3G9T082PROD with RULES
procedure, Continental shelf, safety hazard during fireworks displays public interest of ensuring the safety of
Environmental protection, Federal on or over the navigable waterway. spectators and vessels during the event.
lands, Government contracts, Entry of vessels or persons into this Immediate action is necessary to
Intergovernmental relations, Oil and gas zone is prohibited unless specifically prevent possible loss of life and
exploration, Outer continental shelf, authorized by the Captain of the Port property during the hazards created by
Mineral resources, Reporting and Ohio Valley or a designated a barge-based fireworks display near
recordkeeping requirements. representative. and over the navigable waterway.
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Document Created: 2016-10-12 00:55:11
Document Modified: 2016-10-12 00:55:11
| 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. | |
| Dates | Effective November 14, 2016. | |
| Contact | Robert Sebastian, Office of Policy, Regulation and Analysis at (504) 736-2761 or email at [email protected] | |
| FR Citation | 81 FR 70357 | |
| RIN Number | 1010-AD06 | |
| CFR Citation | 30
CFR
550 30 CFR 556 30 CFR 559 30 CFR 560 | |
| CFR Associated | Administrative Practice and Procedure; Continental Shelf; Environmental Protection; Federal Lands; Government Contracts; Intergovernmental Relations; Oil and Gas Exploration; Outer Continental Shelf; Mineral Resources and Reporting and Recordkeeping Requirements |
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