§586.104. When may BOEM prescribe or approve departures from the regulations in this part?

30 C.F.R. § 586.104

(a)

BOEM may prescribe or approve departures from these regulations when departures are necessary to:

(1)

Facilitate the appropriate activities on a grant under this part;

(2)

Conserve natural resources;

(3)

Protect life (including human and wildlife), property, or the marine, coastal, or human environment; or

(4)

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, and revision history

Authority: 43 U.S.C. 1337.

Source: 88 FR 6468, Jan. 31, 2023, unless otherwise noted.