[Federal Register Volume 61, Number 91 (Thursday, May 9, 1996)]
[Rules and Regulations]
[Pages 21073-21074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11464]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 981
[Docket No. 951213299-6096-02]
RIN: 0648-AI42
Ocean Thermal Energy Conversion Licensing Program
AGENCY: Office of Ocean and Coastal Resource Management (OCRM),
National Ocean Service (NOS), National Oceanic and Atmospheric
Administration (NOAA), Department of Commerce (DOC).
ACTION: Final rule; removal.
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SUMMARY: The National Oceanic and Atmospheric Administration (NOAA) is
removing Part 981 from Title 15 of the Code of Federal Regulations
(Part 981). Part 981 implements the Ocean Thermal Energy Conversion
(OTEC) Licensing Program, which was established under the Ocean Thermal
Energy Conversion Act of 1980, as amended, (OTEC Act), 42 U.S.C. 9101
et seq. No applications under Part 981 for licenses of commercial OTEC
facilities or plantships have yet been received by NOAA, and there has
been a low level of NOAA activity under the OTEC Act. During this 15
year period of time, the availability and relatively low price of
fossil fuels, coupled with the risks to potential investors, has
limited the interest in the commercial development of OTEC projects.
Removal of Part 981 at this time will allow NOAA to evaluate the
appropriateness of these, or any other, regulations at such time as
interest in the commercial development of OTEC projects occurs.
EFFECTIVE DATE: June 10, 1996.
ADDRESSES: Karl Jugel, Chief, Ocean Minerals and Energy Division,
Office of Ocean and Coastal Resource Management, National Ocean
Service, National Oceanic and Atmospheric Administration, 1305 East-
West Highway, 11th Floor, Silver Spring, MD 20910.
FOR FURTHER INFORMATION CONTACT:
James Lawless, Deputy Director, Office of Ocean and Coastal Resource
Management, at (301) 713-3155.
SUPPLEMENTARY INFORMATION:
I. Regulatory Review
The National Oceanic and Atmospheric Administration (NOAA) is
removing Part 981 of 15 CFR, pursuant to the Regulatory Reform
Initiative of President Clinton and the Ocean Thermal Energy Conversion
Act of 1980, as amended.
In March 1995, President Clinton issued a directive to federal
agencies regarding their responsibilities under his Regulatory Reform
Initiative. This initiative is part of the National Performance Review
and calls for immediate, comprehensive regulatory reform. The President
directed all agencies to undertake, as part of this initiative, an
exhaustive review of all their regulations--with an emphasis on
eliminating or modifying those that are obsolete or otherwise in need
of reform.
The Ocean Thermal Energy Conversion Act of 1980, as amended, (OTEC
Act), 42 U.S.C. 9101 et seq., also requires that NOAA periodically
review the regulations that apply to the licensing of OTEC facilities
and plantships. The fundamental purpose of the review is to determine
if the regulations themselves impose an adverse impact on the
development and commercialization of OTEC technology.
On January 30, 1996, NOAA published a notice in the Federal
Register in which it proposed removing Part 981 and requested all
interested persons to comment on the proposal (61 FR 2969-2971).
Comments were in particular invited on whether the OTEC regulations, or
their removal at this time, impose an adverse impact on the development
and commercialization of OTEC technology. NOAA received no comments on
its proposed removal of Part 981.
II. Ocean Thermal Energy Conversion Licensing Program
The OTEC Act established a licensing and permitting system for the
development of OTEC as a commercial energy technology. Part 981
implements the OTEC Licensing Program. The proposed rule preceding this
rulemaking summarizes the development of Part 981 (61 FR 2969-2971). No
applications under Part 981 for licenses of commercial OTEC facilities
or plantships have yet been
[[Page 21074]]
received by NOAA, and there has been a low level of NOAA activity under
the OTEC Act. During this 15 year period of time, the availability and
relatively low price of fossil fuels, coupled with the risks to
potential investors, has limited the interest in the commercial
development of OTEC projects.
NOAA is authorized, consistent with the purposes and provisions of
the OTEC Act, to amend or rescind the OTEC regulations. In particular,
section 117 of the OTEC Act requires NOAA to review the regulations on
a periodic basis. NOAA is authorized and directed to revise the
regulation as necessary and appropriate to ensure that the regulations
do not impede the development, evolution, and commercialization of OTEC
technology.
Given that a commercial OTEC industry has yet to develop, Part 981
remains unused for the most part. Removal of Part 981 at this time is
consistent with the purposes and provisions of the OTEC Act in that it
will allow NOAA to evaluate the suitability of these regulations at
such time as interest in the commercial development of OTEC projects
occurs. At such time, NOAA will issue a proposed rule appropriate to
the then current regulatory needs. Potential Licensees will therefore
be assured that any future OTEC regulations will be up to date, and
will continue to provide innovation and flexibility necessary for an
emerging OTEC industry.
NOAA is mindful of its responsibility for licensing of commercial
OTEC facilities and plantships under the OTEC Act, however, and will
take appropriate steps to review and process an application should one
be made. For particular inquiries into the licensing of OTEC projects
in the interim period, NOAA will provide copies of the provisions of
these OTEC regulations in response to such inquiries. Thus, NOAA will
provide actual and timely notice of applicable procedures and
requirements to particular individuals. See 5 U.S.C. 552(a).
Accordingly, NOAA is removing Part 981, the OTEC regulations, from
Title 15 of the CFR.
III. Miscellaneous Rulemaking Requirements
Executive Order 12612: Federalism Assessment
NOAA has concluded that this regulatory action does not have
federalism implications sufficient to warrant the preparation of a
Federalism Assessment under Executive Order 12612.
Executive Order 12866: Regulatory Planning and Review
This regulatory action is not significant for purposes of Executive
Order 12866.
Regulatory Flexibility Act
No licenses have been issued for OTEC projects under 15 CFR Part
981. When commercial interest in OTEC projects occurs, NOAA will issue
a proposed rule appropriate to the regulatory needs at that time. For
particular inquiries into the licensing of OTEC projects in the interim
period, NOAA will provide actual and timely notice of applicable
procedures and requirements to particular individuals. See 5 U.S.C.
552(a). For these reasons, the removal of Part 981 is not expected to
have a significant economic impact on a substantial number of small
entities, and the Assistant General Counsel for Legislation and
Regulation of the Department of Commerce has so certified to the Chief
Counsel for Advocacy of the Small Business Administration. As such, a
Regulatory Flexibility Analysis was not prepared.
Paperwork Reduction Act
This regulatory action does not contain an information collection
requirement subject to review and approval by OMB under the Paperwork
Reduction Act of 1980, 44 U.S.C. 3500 et seq.
National Environmental Policy Act
NOAA has concluded that this regulatory action does not constitute
a major federal action significantly affecting the quality of the human
environment. No applications for licenses of commercial OTEC facilities
or plantships have yet been received by NOAA, and Part 981 remains
unused for the most part. When commercial interest in OTEC projects
occurs, NOAA will issue a proposed rule appropriate to the regulatory
needs at that time. For particular inquiries into the licensing of OTEC
projects in the interim period, NOAA will provide actual and timely
notice of applicable procedures to particular individuals. See 5 U.S.C.
552(a). Therefore, and environmental impact statement is not required.
Authority: Ocean Thermal Energy Conversion Act of 1980, as
amended, 42 U.S.C. 9101 et seq.
List of Subjects in 15 CFR Part 981
Administrative practice and procedures, Energy, Environmental
protection, Intergovernmental relations, Marine resources, Penalties,
Reporting and recordkeeping requirements.
Dated: May 2, 1996.
David Evans,
Acting Deputy Assistant Administrator for Ocean Services and Coastal
Zone Management.
Accordingly, for the reasons set forth above, Chapter IX of Title
15 of the Code of Federal Regulations is amended as follows:
PART 981--OCEAN THERMAL ENERGY CONVERSION LICENSING PROGRAM--
[REMOVED]
1. Under the authority of the Ocean Thermal Energy Conversion Act
of 1980, Part 981 is removed.
[FR Doc. 96-11464 Filed 5-8-96; 8:45 am]
BILLING CODE 3510-08-M
