---
kind: "section"
citation: "30 C.F.R. § 285.103"
title: "30"
number: "285.103"
heading: "When may BSEE prescribe or approve departures from the regulations in this part?"
url: "https://uscodex.org/cfr/30/285.103"
---

# §285.103. When may BSEE prescribe or approve departures from the regulations in this part?

- (a) BSEE may prescribe or approve departures from the provisions of this part when departures are necessary because the applicable provision(s) as applied to a specific circumstance:
  - (1) Are impractical or unduly burdensome and the departure is necessary to achieve the intended objectives of the renewable energy program;
  - (2) Fail to conserve the natural resources of the OCS;
  - (3) Fail to protect life (including human and wildlife), property, or the marine, coastal, or human environment; or
  - (4) **Fail to protect sites, structures, or objects of historical or archaeological significance.**
- (b) **Any departure approved under this section and its rationale must—**
  - (1) Be consistent with subsection 8(p) of the OCS Lands Act;
  - (2) Protect the environment and the public health and safety to the same degree as if there was no approved departure from the regulations;
  - (3) Not impair the rights of third parties; and
  - (4) **Be documented in writing.**

## Notes

### Amendments

[88 FR 6413, Jan. 31, 2023, as amended at 89 FR 42713, May 15, 2024]

### Authority

Authority: 43 U.S.C. 1331 et seq.

### Source

Source: 88 FR 6413, Jan. 31, 2023, unless otherwise noted.

### Amendments

[88 FR 6413, Jan. 31, 2023, as amended at 89 FR 42713, May 15, 2024]