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