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Home Page > Executive Branch > Code of Federal Regulations > Electronic Code of Federal Regulations
e-CFR Data is current as of February 4, 2010
TITLE 30--Mineral Resources
CHAPTER II--MINERALS MANAGEMENT SERVICE, DEPARTMENT OF THE INTERIOR
SUBCHAPTER B--OFFSHORE
PART 285--RENEWABLE ENERGY ALTERNATE USES OF EXISTING FACILITIES ON THE OUTER CONTINENTAL SHELF
Subpart A--GENERAL PROVISIONS
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| What is the purpose of this part? |
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| What are MMS's responsibilities under this part? |
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| When may MMS prescribe or approve departures from these regulations? |
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| Do I need an MMS lease or other authorization to produce or support the production of electricity or other energy product from a renewable energy resource on the OCS? |
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| What are my responsibilities under this part? |
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| Who can hold a lease or grant under this part? |
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| How do I show that I am qualified to be a lessee or grant holder? |
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| When must I notify MMS if an action has been filed alleging that I am insolvent or bankrupt? |
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| When must I notify MMS of mergers, name changes, or changes of business form? |
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| How do I submit plans, applications, reports, or notices required by this part? |
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| When and how does MMS charge me processing fees on a case-by-case basis? |
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| How will data and information obtained by MMS under this part be disclosed to the public? |
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| Paperwork Reduction Act statements--information collection. |
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| Documents incorporated by reference. |
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| Requests for information on the state of the offshore renewable energy industry. |
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| What are my appeal rights? |
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Subpart B--ISSUANCE OF OCS RENEWABLE ENERGY LEASES
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| What rights are granted with a lease issued under this part? |
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| How will MMS issue leases? |
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| What types of leases will MMS issue? |
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| With whom will MMS consult before issuance of a lease? |
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| What areas are available for leasing consideration? |
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| How will leases be mapped? |
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| How does MMS initiate the competitive leasing process? |
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| What is the process for competitive issuance of leases? |
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| What is the process MMS will follow if there is reason to believe that competitors have withdrawn before the Final Sale Notice is issued? |
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| What must I submit in response to a Request for Interest or a Call for Information and Nominations? |
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| What will MMS do with information from the Requests for Information or Calls for Information and Nominations? |
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| What areas will MMS offer in a lease sale? |
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| What information will MMS publish in the Proposed Sale Notice and Final Sale Notice? |
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| What auction format may MMS use in a lease sale? |
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| What bidding systems may MMS use for commercial leases and limited leases? |
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| What does MMS do with my bid? |
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| What does MMS do if there is a tie for the highest bid? |
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| What happens if MMS accepts my bid? |
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| What happens if my bid is rejected, and what are my appeal rights? |
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| May I request a lease if there is no Call? |
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| How will MMS process my unsolicited request for a noncompetitive lease? |
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| May I acquire a lease noncompetitively after responding to a Request for Interest or Call for Information and Nominations under 285.213? |
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| If I have a commercial lease, how long will my lease remain in effect? |
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| If I have a limited lease, how long will my lease remain in effect? |
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| What is the effective date of a lease? |
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| Are there any other renewable energy research activities that will be allowed on the OCS? |
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Subpart C--RIGHTS-OF-WAY GRANTS AND RIGHTS-OF-USE AND EASEMENT GRANTS FOR RENEWABLE ENERGY ACTIVITIES
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| What types of activities are authorized by ROW grants and RUE grants issued under this part? |
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| What do ROW grants and RUE grants include? |
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| What are the general requirements for ROW grant and RUE grant holders? |
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| How long will my ROW grant or RUE grant remain in effect? |
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| How do I request an ROW grant or RUE grant? |
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| What action will MMS take on my request? |
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| How will MMS determine whether competitive interest exists for ROW grants and RUE grants? |
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| How will MMS conduct an auction for ROW grants and RUE grants? |
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| When will MMS issue a noncompetitive ROW grant or RUE grant? |
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| What is the effective date of an ROW grant or RUE grant? |
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| What deposits are required for a competitive ROW grant or RUE grant? |
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| What payments are required for ROW grants or RUE grants? |
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Subpart D--LEASE AND GRANT ADMINISTRATION
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| What happens if I fail to comply with this part? |
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| When may MMS issue a cessation order? |
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| What is the effect of a cessation order? |
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| How do I designate an operator? |
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| Who is responsible for fulfilling lease and grant obligations? |
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| May I assign my lease or grant interest? |
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| How do I request approval of a lease or grant assignment? |
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| How does an assignment affect the assignor's liability? |
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| How does an assignment affect the assignee's liability? |
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| What is a lease or grant suspension? |
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| How do I request a lease or grant suspension? |
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| When may MMS order a suspension? |
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| How will MMS issue a suspension? |
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| What are my immediate responsibilities if I receive a suspension order? |
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| What effect does a suspension order have on my payments? |
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| How long will a suspension be in effect? |
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| May I obtain a renewal of my lease or grant before it terminates? |
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| When must I submit my request for renewal? |
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| What effect does applying for a renewal have on my activities and payments? |
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| What criteria will MMS consider in deciding whether to renew a lease or grant? |
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| When does my lease or grant terminate? |
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| What must I do after my lease or grant terminates? |
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| How can I relinquish a lease or a grant or parts of a lease or grant? |
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| Can MMS require lease or grant contraction? |
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| When can my lease or grant be canceled? |
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Subpart E--PAYMENTS AND FINANCIAL ASSURANCE REQUIREMENTS
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| How do I make payments under this part? |
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| What deposits must I submit for a competitively issued lease, ROW grant, or RUE grant? |
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| What initial payment requirements must I meet to obtain a noncompetitive lease, ROW grant, or RUE grant? |
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| What are the rent and operating fee requirements for a commercial lease? |
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| How are my payments affected if I develop my lease in phases? |
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| What are the rent and operating fee requirements for a limited lease? |
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| What operating fees must I pay on a commercial lease? |
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| What rent payments must I pay on a project easement? |
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| What rent payments must I pay on ROW grants or RUE grants associated with renewable energy projects? |
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| Who is responsible for submitting lease or grant payments to MMS? |
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| May MMS reduce or waive my lease or grant payments? |
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| What financial assurance must I provide when I obtain my commercial lease? |
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| What are the financial assurance requirements for each stage of my commercial lease? |
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| How will MMS determine the amounts of the supplemental and decommissioning financial assurance requirements associated with commercial leases? |
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| What financial assurance must I provide when I obtain my limited lease, ROW grant, or RUE grant? |
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| Do my financial assurance requirements change as activities progress on my limited lease or grant? |
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| What general requirements must a financial assurance instrument meet? |
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| What instruments other than a surety bond may I use to meet the financial assurance requirement? |
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| May I demonstrate financial strength and reliability to meet the financial assurance requirement for lease or grant activities? |
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| May I use a third-party guaranty to meet the financial assurance requirement for lease or grant activities? |
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| Can I use a lease- or grant-specific decommissioning account to meet the financial assurance requirements related to decommissioning? |
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| What must I do if my financial assurance lapses? |
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| What happens if the value of my financial assurance is reduced? |
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| What happens if my surety wants to terminate the period of liability of my bond? |
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| How does my surety obtain cancellation of my bond? |
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| When may MMS cancel my bond? |
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| Why might MMS call for forfeiture of my bond? |
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| How will I be notified of a call for forfeiture? |
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| How will MMS proceed once my bond or other security is forfeited? |
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| How will MMS equitably distribute revenues to States? |
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| What is a qualified project for revenue sharing purposes? |
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| What makes a State eligible for payment of revenues? |
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| Example of how the inverse distance formula works. |
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Subpart F--PLANS AND INFORMATION REQUIREMENTS
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| What plans and information must I submit to MMS before I conduct activities on my lease or grant? |
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| When am I required to submit my plans to MMS? |
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| What records must I maintain? |
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| What is a Site Assessment Plan (SAP)? |
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| What must I demonstrate in my SAP? |
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| What must I include in my SAP? |
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| What information must I submit with my SAP to assist MMS in complying with NEPA and other relevant laws? |
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| How will my SAP be processed for Federal consistency under the Coastal Zone Management Act? |
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| How will MMS process my SAP? |
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| When may I begin conducting activities under my approved SAP? |
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| What other reports or notices must I submit to MMS under my approved SAP? |
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| What activities require a revision to my SAP, and when will MMS approve the revision? |
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| What must I do upon completion of approved site assessment activities? |
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| What is a Construction and Operations Plan (COP)? |
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| What must I demonstrate in my COP? |
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| What must I include in my COP? |
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| What information and certifications must I submit with my COP to assist the MMS in complying with NEPA and other relevant laws? |
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| How will MMS process my COP? |
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| May I develop my lease in phases? |
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| When must I initiate activities under an approved COP? |
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| What documents must I submit before I may construct and install facilities under my approved COP? |
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| How do I comply with my COP? |
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| What activities require a revision to my COP, and when will MMS approve the revision? |
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| What must I do if I cease activities approved in my COP before the end of my commercial lease? |
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| What notices must I provide MMS following approval of my COP? |
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| When may I commence commercial operations on my commercial lease? |
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| What must I do upon completion of my commercial operations as approved in my COP or FERC license? |
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| What is a General Activities Plan (GAP)? |
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| What must I demonstrate in my GAP? |
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| What must I include in my GAP? |
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| What information and certifications must I submit with my GAP to assist MMS in complying with NEPA and other relevant laws? |
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| How will my GAP be processed for Federal consistency under the Coastal Zone Management Act? |
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| How will MMS process my GAP? |
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| When may I begin conducting activities under my GAP? |
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| When may I construct complex or significant OCS facilities on my limited lease or any facilities on my project easement proposed under my GAP? |
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| How long do I have to conduct activities under an approved GAP? |
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| What other reports or notices must I submit to MMS under my approved GAP? |
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| What activities require a revision to my GAP, and when will MMS approve the revision? |
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| What must I do if I cease activities approved in my GAP before the end of my term? |
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| What must I do upon completion of approved activities under my GAP? |
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| Can my cable or pipeline construction deviate from my approved COP or GAP? |
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| What requirements must I include in my SAP, COP, or GAP regarding air quality? |
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Subpart G--FACILITY DESIGN, FABRICATION, AND INSTALLATION
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| What reports must I submit to MMS before installing facilities described in my approved SAP, COP, or GAP? |
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| What must I include in my Facility Design Report? |
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| What must I include in my Fabrication and Installation Report? |
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| What reports must I submit for project modifications and repairs? |
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| When must I use a Certified Verification Agent (CVA)? |
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| How do I nominate a CVA for MMS approval? |
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| What are the CVA's primary duties for facility design review? |
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| What are the CVA's or project engineer's primary duties for fabrication and installation review? |
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| When conducting onsite fabrication inspections, what must the CVA or project engineer verify? |
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| When conducting onsite installation inspections, what must the CVA or project engineer do? |
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| What are the CVA's or project engineer's reporting requirements? |
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| What must I do after the CVA or project engineer confirms conformance with the Fabrication and Installation Report on my commercial lease? |
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| What records relating to SAPs, COPs, and GAPs must I keep? |
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Subpart H--ENVIRONMENTAL AND SAFETY MANAGEMENT, INSPECTIONS, AND FACILITY ASSESSMENTS FOR ACTIVITIES CONDUCTED UNDER SAPS, COPS AND GAPS
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| How must I conduct my activities to comply with safety and environmental requirements? |
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| How must I conduct my approved activities to protect marine mammals, threatened and endangered species, and designated critical habitat? |
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| What must I do if I discover a potential archaeological resource while conducting my approved activities? |
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| How must I conduct my approved activities to protect essential fish habitats identified and described under the Magnuson-Stevens Fishery Conservation and Management Act? |
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| What must I include in my Safety Management System? |
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| When must I follow my Safety Management System? |
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| When do I have to report removing equipment from service? |
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| What must I do if I have facility damage or an equipment failure? |
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| What must I do if environmental or other conditions adversely affect a cable, pipeline, or facility? |
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| Will MMS conduct inspections? |
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| Will MMS conduct scheduled and unscheduled inspections? |
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| What must I do when MMS conducts an inspection? |
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| Will MMS reimburse me for my expenses related to inspections? |
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| How must I conduct self-inspections? |
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| When must I assess my facilities? |
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| What are my incident reporting requirements? |
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| What incidents must I report, and when must I report them? |
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| How do I report incidents requiring immediate notification? |
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| What are the reporting requirements for incidents requiring written notification? |
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Subpart I--DECOMMISSIONING
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| Who must meet the decommissioning obligations in this subpart? |
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| When do I accrue decommissioning obligations? |
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| What are the general requirements for decommissioning for facilities authorized under my SAP, COP, or GAP? |
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| What are the requirements for decommissioning FERC-licensed hydrokinetic facilities? |
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| Can I request a departure from the decommissioning requirements? |
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| When must I submit my decommissioning application? |
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| What must my decommissioning application include? |
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| How will MMS process my decommissioning application? |
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| What must I include in my decommissioning notice? |
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| When may MMS authorize facilities to remain in place following termination of a lease or grant? |
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| What must I do when I remove my facility? |
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| After I remove a facility, cable, or pipeline, what information must I submit? |
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| What happens if I fail to comply with my approved decommissioning application? |
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Subpart J--RIGHTS OF USE AND EASEMENT FOR ENERGY- AND MARINE-RELATED ACTIVITIES USING EXISTING OCS FACILITIES
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| What activities does this subpart regulate? |
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| What must I do before I request an Alternate Use RUE? |
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| How do I request an Alternate Use RUE? |
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| How will MMS decide whether to issue an Alternate Use RUE? |
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| What process will MMS use for competitively offering an Alternate Use RUE? |
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| How long may I conduct activities under an Alternate Use RUE? |
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| What payments are required for an Alternate Use RUE? |
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| What financial assurance is required for an Alternate Use RUE? |
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| Is an Alternate Use RUE assignable? |
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| When will MMS suspend an Alternate Use RUE? |
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| How do I relinquish an Alternate Use RUE? |
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| When will an Alternate Use RUE be cancelled? |
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| Who is responsible for decommissioning an OCS facility subject to an Alternate Use RUE? |
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| What are the decommissioning requirements for an Alternate Use RUE? |
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