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Federal Register/Vol. 81, No. 55/Tuesday, March 22, 2016/Proposed Rules 15197
<br />..." We have also determined that the
<br />rule does not involve any of the
<br />extraordinary circumstances listed in 43
<br />CFR 46.215.
<br />Information Quality Act (IQA)
<br />In accordance with the IQA, DOI has
<br />issued guidance regarding the quality of
<br />information that it relies upon for
<br />regulatory decisions. This guidance is
<br />available at DOI's Web site at http://
<br />www.doi.gov.
<br />Send your comments to the U.S.
<br />Department of the Interior, Bureau of
<br />Ocean Energy Management, Office of
<br />Policy, Regulation and Analysis, Attn:
<br />IQA Comments, 45600 Woodland Road,
<br />VAM-BOEM DIR, Sterling, Virginia
<br />20166.
<br />Effects on the Energy Supply (E.O.
<br />13211)
<br />This rule is not a significant energy
<br />action under the definition in E.O.
<br />13211. A Statement of Energy Effects is
<br />not required.
<br />Clarity of This Regulation
<br />We are required by E.O. 12866, E.O.
<br />12988, and by the Presidential
<br />Memorandum of June 1, 1998, to write
<br />all rules in plain language. This means
<br />that each rule we publish must:
<br />(a) Be logically organized;
<br />(b) Use the active voice to address
<br />readers directly;
<br />(c) Use clear language rather than
<br />jargon;
<br />(d) Be divided into short sections and
<br />sentences; and
<br />(e) Use lists and tables wherever
<br />helpful.
<br />If you feel that we have not met these
<br />requirements, send us comments by one
<br />of the methods listed in the ADDRESSES
<br />section. To better help BOEM revise the
<br />rule, your comments should be as
<br />specific as possible. For example, you
<br />should tell us the numbers of the
<br />sections or paragraphs that you find
<br />unclear, which sections or sentences are
<br />too long, the sections where you feel
<br />lists or tables would be useful, etc.
<br />List of Subjects 30 CFR 583
<br />Administrative practice and
<br />procedure, Beach restoration, Coastal
<br />wetlands restoration, Gravel,
<br />Government contracts,
<br />Intergovernmental relations, Marine
<br />minerals, Marine minerals program,
<br />'Noncompetitive agreements, Negotiated
<br />agreements, Outer Continental Shelf,
<br />Sand, Shell resources and Shore
<br />protection.
<br />Dated: March 10, 2016.
<br />Amanda C. Leiter,
<br />Acting Assistant Secretary —Land and
<br />Minerals Management.
<br />For the reasons stated in the
<br />preamble, BOEM proposes to amend 30
<br />CFR to add part 583 to read as follows:
<br />PART 583—NEGOTIATED
<br />NONCOMPETITIVE AGREEMENTS
<br />FOR USE OF OUTER CONTINENTAL
<br />SHELF SAND, GRAVEL AND SHELL
<br />RESOURCES
<br />Subpart A- General
<br />Sec.
<br />583.100 What is BOEM's authority for
<br />information collection (IC)?
<br />583.101 What is the purpose of this part
<br />and to whom does it apply?
<br />583.102 What is BOEM's authority for this
<br />part?
<br />583.103 What definitions do I need to
<br />know?
<br />583.104 Who is qualified for a project?
<br />583.105 How do I appeal an unfavorable
<br />decision by BOEM?
<br />583.106 What are the minimum contents of
<br />an agreement to use OCS sand, gravel,
<br />and shell resources?
<br />Subpart B --[Reserved)
<br />Subpart Cuter Continental Shelf Sand,
<br />Gravel, and Shell Resource Negotiated
<br />Agreements
<br />583.300 How do I submit a request for an
<br />agreement?
<br />583.301 How will BOEM determine if a
<br />project qualifies?
<br />583.302 What process does BOEM use to
<br />technically and environmentally
<br />evaluate a qualified project?
<br />583.303 What is the process for negotiating
<br />and executing an agreement?
<br />583.304 What kinds of information must be
<br />included in an agreement?
<br />583.305 What is the effective date of an
<br />agreement?
<br />583.306 How will BOEM enforce the
<br />agreement?
<br />583.307 What is the term of the agreement?
<br />583.308 What debarment or suspension
<br />obligations apply to transactions and
<br />contracts related to a project?
<br />583.309 What is the process for modifying
<br />the agreement?
<br />583.310 When can the agreement be
<br />terminated?
<br />Authority: 43 U.S.C. 1334.
<br />Subpart A --General
<br />§583.100 What Is BOEM's authority for
<br />Information collection (IC)?
<br />The information collection
<br />requirements contained in the new part
<br />583 have been approved by the OMB
<br />under 44 U.S.C. 3501 and assigned
<br />clearance number 1010-XXXX. The
<br />information is being collected to
<br />determine if the applicant for a
<br />negotiated noncompetitive agreement
<br />(agreement) for the use of sand, gravel
<br />and shell resources on the Outer
<br />Continental Shelf (OCS) is qualified to
<br />enter into such an agreement and to
<br />determine if the requested action is
<br />warranted. Applicants and parties to the
<br />agreement are required to respond to
<br />requests related to information
<br />collection activities.
<br />§683.101 What Is the purpose of this part
<br />and to whom does it apply?
<br />The regulations in this part provide
<br />procedures for a negotiated
<br />noncompetitive program for utilization
<br />of OCS sand, gravel and shell resources.
<br />The rules of this part apply exclusively
<br />to negotiated noncompetitive use of
<br />OCS sand, gravel and shell resources
<br />and do not apply to competitive leasing
<br />of minerals, including oil, gas, sulphur,
<br />geopressured-geothermal and associated
<br />resources, and all other minerals which
<br />are authorized by an Act of Congress to
<br />be produced from "public lands" as
<br />defined in section 103 of the Federal
<br />Land Policy and Management Act of
<br />1976, as amended (43 U.S.C. 1701 et
<br />seq.).
<br />§ 583.102 What is BOEM's authority for
<br />this part?
<br />(a) Pursuant to authority granted by
<br />the Outer Continental Shelf Lands Act
<br />(OSCLA, or the Act), as amended (43
<br />U.S.C. 1331 et seq.), the Secretary has
<br />authority to negotiate an agreement for
<br />the use of OCS sand, gravel and shell_
<br />resources:
<br />(1) For use in a program of, or project
<br />for, shore protection, beach restoration,
<br />or coastal wetlands restoration
<br />undertaken by a Federal, State, or local
<br />government agency; or
<br />(2) For use in a construction project,
<br />other than a project described in
<br />paragraph (1), that is funded in whole
<br />or in part by or authorized by the
<br />Federal Government.
<br />(b) The Secretary has authorized
<br />BOEM to administer the negotiated
<br />noncompetitive agreement provisions of
<br />the Act and prescribe the rules and
<br />regulations necessary to carry out those
<br />provisions.
<br />§ 583.103 What definitions do I need to
<br />know?
<br />When used in this part, the following
<br />terms will have the meaning given
<br />below:
<br />Act means the OCSLA, as amended
<br />(43 U.S.C. 1331 et seq.).
<br />Agreement means a negotiated
<br />noncompetitive agreement that
<br />authorizes a person, to use OCS sand,
<br />gravel and shell resources in a program
<br />of or project for shore protection, beach
<br />restoration or coastal wetlands
<br />restoration undertaken by one or more
<br />Federal, State or local government
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