Contents
585.103When may BOEM prescribe or approve departures from the regulations in this part?#
(a)BOEM may prescribe or approve departures from the provisions of this part when BOEM deems the departure necessary because the applicable provisions 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 this part;
(3)Not impair the rights of third parties; and
(4)Be documented in writing.
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