The Bureau of Ocean Energy Management may approve departures from operating requirements/procedures in its regulations when such departures are necessary to properly develop a lease; conserve natural resources, or protect life, property, or the marine, coastal, or human environment.
§ 585.103 When may BOEM prescribe or approve departures from these regulations?
- BOEM may prescribe or approve departures from these regulations when departures are necessary to:
- Facilitate the appropriate activities on a lease or grant under this part;
- Conserve natural resources;
- Protect life (including human and wildlife), property, or the marine, coastal, or human environment; or
- Protect sites, structures, or objects of historical or archaeological significance.
- Any departure approved under this section and its rationale must:
- Be consistent with subsection 8(p) of the OCS Lands Act;
- Protect the environment and the public health and safety to the same degree as if there was no approved departure from the regulations;
- Not impair the rights of third parties; and
- Be documented in writing.
| Lease | Project | State | Lessee | Departure Approval Letter | Date Issued | Topic Area | Regulation | Request |
| OCS-A 0561 | New England Wind 2 | MA | Commonwealth Wind, LLC | Approval Letter | 4/22/2021 | Geotech | 30 C.F.R. § 585.626(a)(4)(ii) and (iii) | Depart from the requirement(s) to the submit: (1) the results of adequate in situ testing, boring, and sampling at each foundation location; and, (2) the results of a minimum of one deep boring (with soil sampling and testing) at each edge of the project area and within the project area as needed with the Construction and Operations Plan (COP). |
| OCS-A 0534 | New England Wind 1 | MA | Park City Wind LLC | Approval Letter | 4/22/2021 | Geotech | 30 C.F.R. § 585.626(a)(4)(ii) and (iii) | Depart from the requirement(s) to the submit: (1) the results of adequate in situ testing, boring, and sampling at each foundation location; and, (2) the results of a minimum of one deep boring (with soil sampling and testing) at each edge of the project area and within the project area as needed with the Construction and Operations Plan (COP). |
| OCS-A 0501 | Vineyard Wind 1 | MA | Vineyard Wind 1 LLC | 06/15/2021 | Financial Assurance | 30 CFR § 585.626(a)(4)(ii) | Depart from the requirement to provide financial assurance for decommissioning costs before the installation of facilities on their lease. | |
| OCS-A 0486 | Revolution Wind | RI/MA | Revolution Wind, LLC (Ørsted/Evers ource) | Approval Letter | 03/04/24 | Financial Assurance | 30 C.F.R. § 585.516(a)(4) | Depart from the requirement to provide financial assurance for decommissioning costs before the installation of facilities on their lease. |
| OCS-A 0549 | Atlantic Shores North | NJ | Atlantic Shores Offshore Wind, LLC | Approval Letter | 08/07/23 | Geotech | 30 C.F.R. § 585.626(a)(4)(ii) and (iii) | Depart from the requirement(s) to the submit: (1) the results of adequate in situ testing, boring, and sampling at each foundation location; and, (2) the results of a minimum of one deep boring (with soil sampling and testing) at each edge of the project area and within the project area as needed with the Construction and Operations Plan (COP). |
| OCS-A 0520 | Beacon Wind | NY | Beacon Wind, LLC | Approval Letter | 06/15/23 | Geotech | 30 CFR § 585.626(a)(4)(ii) | Depart from the requirement to submit in situ testing, boring, and sampling at each foundation location, to allow for submittal with the FDR/FIR |
| OCS-A 0508 | Kitty Hawk Wind South | NC | Kitty Hawk Wind, LLC | 03/06/23 | Geotech | 30 CFR § 585.626(a)(4)(ii) | Depart from the requirement to submit in situ testing, boring, and sampling at each foundation location, to allow for submittal with the FDR/FIR | |
| OCS-A 0483 | CVOW | VA | Virginia Electric and Power Company (Dominion) | 10/27/22 | Decommissioning | 30 C.F.R. § 585.908(a) | Depart from the requirement to submit a decommissioning notice at least 60 days in advance of commencing decommissioning activities and only after the decommissioning application is approved. | |
| OCS-A 0521 | SouthCoast Wind (formerly Mayflower Wind) | MA | SouthCoast Wind Energy LLC | Approval Letter | 06/16/22 | Decommissioning | 30 C.F.R. § 585.908(a) | Depart from the requirement to submit a decommissioning notice at least 60 days in advance of commencing decommissioning activities and only after the decommissioning application is approved. |
| OCS-A 0508 | Kitty Hawk Wind South | NC | Kitty Hawk Wind, LLC | 11/17/22 | Decommissioning | 30 C.F.R. §§ 585.902(d) and 585.908(a) | Depart from the requirement(s) to 1) submit a decommissioning notice at least 60 days before commencing decommissioning activities; and 2) that the decommissioning notice be distinct from and submitted following approval of a decommissioning application. | |
| OCS-A 0517 | South Fork Wind Farm | NY/RI/MA | South Fork Wind, LLC (Ørsted/Evers ource) | Approval Letter | 08/19/22 | Financial Assurance | 30 C.F.R. § 585.516(a)(4) | Depart from the requirement to provide financial assurance for decommissioning costs before the installation of facilities on their lease. |
| OCS-A 0483 | CVOW | VA | Virginia Electric and Power Company (Dominion) | 03/22/23 | Geotech | 30 C.F.R. § 585.626(a)(4)(ii) and (iii) | Depart from the requirement(s) to the submit: (1) the results of adequate in situ testing, boring, and sampling at each foundation location; and, (2) the results of a minimum of one deep boring (with soil sampling and testing) at each edge of the project area and within the project area as needed with the Construction and Operations Plan (COP). | |
| OCS-A 0490 | TBD | MD | US Wind, Inc | Approval Letter | 03/30/22 | Geotech | 30 CFR § 585.626(a)(4)(ii) | Depart from the requirement to submit in situ testing, boring, and sampling at each foundation location, to allow for submittal with the FDR/FIR |
| OCS-A 0499 | Atlantic Shores Offshore Wind Project | NJ | Atlantic Shores Offshore Wind, LLC | Approval Letter | 03/09/23 | Geotech | 30 C.F.R. § 585.626(a)(4)(ii) and (iii) | Depart from the requirement(s) to the submit: (1) the results of adequate in situ testing, boring, and sampling at each foundation location; and, (2) the results of a minimum of one deep boring (with soil sampling and testing) at each edge of the project area and within the project area as needed with the Construction and Operations Plan (COP). |
| OCS-A 0508 | Kitty Hawk Wind Project | NC | Avangrid Renewables, LLC | Approval Letter | 09/17/21 | Geotech | 30 CFR § 585.626(a)(4)(ii) | Depart from the requirement to submit in situ testing, boring, and sampling at each foundation location, to allow for submittal with the FDR/FIR |
| OCS-A 0486 | Revolution Wind | RI/MA | Revolution Wind, LLC (Ørsted/Evers ource) | Approval Letter | 08/13/21 | Decommissioning | 30 C.F.R. §§ 585.902(d) and 585.908(a) | Depart from the requirement(s) to 1) submit a decommissioning notice at least 60 days before commencing decommissioning activities; and 2) that the decommissioning notice be distinct from and submitted following approval of a decommissioning application. |
| OCS-A 0520 | Beacon Wind | MA | Equinor Wind US LLC | 12/31/2022 | Fabrication | 30 C.F.R. § 585.700(b) | Commence fabrication of facility components prior to the non-objection of the Bureau of Ocean Energy Management (BOEM) to your Facility Design Report (FDR) and Fabrication and installation Report (FIR). | |
| OCS-A 0517 | South Fork Wind Farm | NY/RI/MA | South Fork Wind, LLC (Ørsted/Evers ource) | 12/31/2022 | Fabrication | 30 C.F.R. § 585.700(b) | Commence fabrication of facility components prior to the non-objection of the Bureau of Ocean Energy Management (BOEM) to your Facility Design Report (FDR) and Fabrication and installation Report (FIR). | |
| OCS-A 0483 | Coastal Virginia Offshore Wind | VA | Virginia Electric and Power Company (Dominion Energy, Inc.) | 12/31/2022 | Fabrication | 30 C.F.R. § 585.700(b) | Commence fabrication of facility components prior to the non-objection of the Bureau of Ocean Energy Management (BOEM) to your Facility Design Report (FDR) and Fabrication and installation Report (FIR). | |
| OCS-A 0483 | Sunrise Wind | RI/MA | Sunrise Wind LLC (Ørsted, Eversource Energy) | 12/31/2022 | Fabrication | 30 C.F.R. § 585.700(b) | Commence fabrication of facility components prior to the non-objection of the Bureau of Ocean Energy Management (BOEM) to your Facility Design Report (FDR) and Fabrication and installation Report (FIR). | |
| OCS-A 0486 | Revolution Wind | RI/MA | Revolution Wind, LLC (Ørsted/Evers ource) | 12/31/2022 | Fabrication | 30 C.F.R. § 585.700(b) | Commence fabrication of facility components prior to the non-objection of the Bureau of Ocean Energy Management (BOEM) to your Facility Design Report (FDR) and Fabrication and installation Report (FIR). | |
| OCS-A 0498 | Ocean Wind | NJ | Ocean Wind LLC (Ørsted) | 12/31/2022 | Fabrication | 30 C.F.R. § 585.700(b) | Commence fabrication of facility components prior to the non-objection of the Bureau of Ocean Energy Management (BOEM) to your Facility Design Report (FDR) and Fabrication and installation Report (FIR). | |
| OCS-A 0521 | SouthCoast Wind (formerly Mayflower Wind) | MA | SouthCoast Wind Energy LLC | 10/04/2021 | In situ testing, boring, and sampling | 30 C.F.R. § 585.626(a)(4)(ii) | SouthCoast requested to submit the required geotechnical information at each foundation location with the Facility Design Report (FDR) | |
| OCS-A 0534 | New England Wind | MA | Park City Wind LLC | 6/15/2021 | Financial Assurance | 30 C.F.R. § 585.516(a)(4), | Depart from the requirement to provide financial assurance for decommissioning costs before the installation of facilities on their lease. | |
| OCS-A 0501 | Vineyard Wind I | MA | Vineyard Wind LLC | 6/28/2021 | Facility Design Report/Fabrication and Installation Report | 30 CFR 700 (b) | Allow for fabrication of approved facilities to begin before BOEM provides notification that it has received and has no objections to the submitted Facility Design Report (FDR) and Fabrication and Installation Report (FIR). | |
| OCS-A 0487 | Sunrise Wind | RIMA | Sunrise Wind LLC (Ørsted, Eversource Energy) | 4/26/2021 | Geotech | 30 CFR 585.626(a)(4)(ii) and (iii) | Depart from the requirement to submit in situ testing, boring, and sampling at each foundation location; as well as a minimum of one deep boring (with soil sampling and testing) at each edge of the project area and within the project area as part of its COP for the proposed project. | |
| OCS-A 0501 (South) Phase 2 | New England Wind | MA | Park City Wind LLC | 4/28/2021 | Construction and Operations Plan | 30 CFR 585.626(b)(20) | Depart from the requirement to include a nomination for a Certified Verification Agent (CVA) in the Construction and Operations Plan (COP). For Phase 2 Only. | |
| OCS-A 0486 | Revolution Wind | RI | DWW Rev I, LLC | 1/27/2021 | Geotech | 585.626(a)(4)(ii) and (iii) | Depart from the requirement to submit in situ testing, boring, and sampling at each foundation location; as well as a minimum of one deep boring (with soil sampling and testing) at each edge of the project area and within the project area as part of its COP for the proposed project. | |
| OCS-A 0478 (Relinquished May 2018) | Cape Wind | MA | Cape Wind Associates (CWA) | 7/9/2014 | Facility Design Report/Fabrication and Installation Report | 30 CFR 701(a)(2) | Allow submission of a location plat using a scale of 1 inch =4000 feet instead of the required 1 inch=100 feet in the FDR. | |
| OCS-A 0489 | TBD | MD | US Wind (Renexia) | 5/4/2018 | Financial Assurance | 30 CFR 585.533(b)(2) | Depart from the requirement for BOEM to hold a surety or collateral financial assurance for lease OCS-A 0489 until, at minimum, 7 years after the lease's termination. | |
| OCS-A 0489 | TBD | MD | US Wind (Renexia) | 11/6/2014 | Payments | 30 CFR 585.503(a)(1) | Allow a 10-day extension of the set deadline to make the first year's rent payment for both leases | |
| OCS-A 0490 | TBD | MD | US Wind (Renexia) | 11/6/2014 | Payments | 30 CFR 585.503(a)(1) | Allow a 10-day extension of the set deadline to make the first year's rent payment for both leases | |
| OCS-A 0521 | SouthCoast Wind (formerly Mayflower Wind) | MA | SouthCoast Wind Energy LLC | 11/25/2020 | Facility Design, Fabrication, and Installation | 30 C.F.R. § 700(b) | Depart from the requirement that prohibits fabrication and installation of facilities before project plan approval. | |
| OCS-A 0512 | Empire Wind | NY | Equinor Wind US LLC | 11/03/2020 | Facility Design Report/Fabrication and Installation Report | 30 CFR § 585.626(a)(4)(ii) | Depart from the requirement to provide detailed in situ geotechnical data at each proposed foundation location at the time of Construction and Operations Plan (COP) submittal. | |
| OCS-A 0512 | Empire Wind | NY | Equinor | 5/7/2020 | Facility Design, Fabrication, and Installation | 30 C.F.R. §§ 585.700(b), 585.702(c), and 585.708 | BOEM issued departures from 30 C.F.R. §§ 585.700(b), 585.702(c), and 585.708 to allow the offsite fabrication of certain project components for lease OCS-A 512 prior to BOEM’s decision regarding the Construction and Operations Plan (COP) and approval of the certified verification agent. Issuance of the departures does not allow fabrication or installation activities on the Outer Continental Shelf, nor limits BOEM’s right to object to the fabrication of said structures if a COP is approved and the corresponding Facility Design Report and Fabrication and Installation Report are submitted. The departures apply to Equinor Wind’s fabrication of (i) inter-array cables, (ii) secondary steel and internal and external work platforms for transition pieces for wind turbine generator (WTG) foundations, and (iii) davit cranes for WTG foundations. | |
| OCS-A 0500 | Bay State Wind | MA | Bay State Wind (Orsted, Eversource Energy) | 5/10/18 | Decommissioning | 30 C.F.R. § 585.902(d) and § 585.908(a) | BOEM issued a departure from the requirement 30 C.F.R. § 585.902(d) and § 585.908(a) to submit its decommissioning notice at least 60 days in advance of commencing decommissioning activities and only after the decommissioning application is approved. | |
| OCS-A 0500 | Bay State Wind | MA | Bay State Wind (Orsted, Eversource Energy) | 5/10/18 | Decommissioning | 30 C.F.R. § 585.902(d) and § 585.908(a) | BOEM issued a departure from the requirement 30 C.F.R. § 585.902(d) and § 585.908(a) to submit its decommissioning notice at least 60 days in advance of commencing decommissioning activities and only after the decommissioning application is approved. | |
| OCS-A 0500 | Bay State Wind | MA | Bay State Wind (Orsted, Eversource Energy) | 4/9/2019 | Geotech | 30 CFR 585.626(a)(4)(ii) and (iii), | Depart from the requirement(s) to the submit: (1) the results of adequate in situ testing, boring, and sampling at each foundation location; and, (2) the results of a minimum of one deep boring (with soil sampling and testing) at each edge of the project area and within the project area as needed with the Construction and Operations Plan (COP). | |
| OCS-A 0500 | Bay State Wind | MA | Bay State Wind (Orsted, Eversource Energy) | 8/12/2019 | Construction and Operations Plan | 30 CFR 585.626(a)(4)(ii) and (iii), | Depart from the requirement(s) to submit: (1) the results of adequate in situ testing, boring, and sampling at each foundation location; and, (2) the results of a minimum of one deep boring (with soil sampling and testing) at each edge of the project area and within the project area as needed with the Construction and Operations Plan (COP). Additionally, the Lessee is requesting that it conduct and submit the results of the full the investigation surveys conducted and reported after COP approval, but prior to construction, as part of the required Facility Design Report (FDR). | |
| OCS-A 0501 | Vineyard Wind | MA | Vineyard Wind LLC | 11/25/2020 | Decommissioning | 30 C.F.R. § 585.908(a), | Depart from the requirement to 1) submit and receive approval of a decommissioning application before the submittal of a decommissioning notice; and 2) submit a decommissioning notice at least 60 days before commencing decommissioning activities. | |
| OCS-A 0501 | Vineyard Wind | MA | Vineyard Wind (Copenhagen Infrastructure Partners, Avangrid Renewables) | 1/9/2018 | Construction and Operations Plan | 30 CFR 585.626(a)(4)(ii); (a)(2); (a)(5); and (a)(6) | "Depart from the requirement(s) to submit: (1) (Geotechnical survey results) “requiring that a COP, when submitted, contain the results of ‘in situ testing, boring, and sampling at each foundation location...’” Submit incomplete archaeological information with the COP (2) (Geological survey relevant to facility design and siting) “to the extent that this section requires, with COP submission, geophysical surveys results of inter-array and export cable routes.” (3) (Archaeological resources) “to the extent that this section requires with COP submission, for archeological purposes, geophysical surveys at each turbine location and along inter-array and export cable routes.” • Although Vineyard Wind did not request it, BOEM prescribes a departure from § 585.627(a)(6) to effectuate Vineyard Wind’s request to submit incomplete archaeological survey information with the COP." | |
| OCS-A 0506 | Sea2Shore | RI | The Narragansett Electric Company (d/b/a National Grid) | 3/7/2016 | Facility Design Report/Fabrication and Installation Report | 30 CFR 585.701(a)(2) | Allow submission of a location plat using a scale of 1 inch =40 feet (vertically) and 1 inch= 400 feet (horizontally) instead of the required 1 inch=100 feet in the FDR. | |
| Atlantic Wind Connection | Virginia to New Jersey/New York City | Atlantic Grid Holdings LLC | 12/13/2013 | Right of Way/Right of Use and Easement Grant | 30 CFR 585.306(b) | Allow additional time to submit a GAP |
| Lease | Project | State | Lessee | Departure Approval Letter | Date Issued | Topic Area | Regulation | Request |
| OCS-P 00180 OCS-P 00181 OCS-P 00182 OCS-P 00183 OCS-P 00187 OCS-P 00188 OCS-P 00189 OCS-P 00190 OCS-P 00191 OCS-P 00192 OCS-P 00193 OCS-P 00194 OCS-P 00195 OCS-P 00326 OCS-P 00329 OCS-P 00461 | Santa Ynez Unit | California | Exxon Mobil Corporation | Santa Ynez Unit, SYU (Fields Hondo, Pescado and Sacate) | 02/10/2016 | Reservoir Management (Subpart K – Oil & Gas production Requirements) | 30 CFR 550.1153 (a) | Depart from the Bottomhole Pressure Survey Report submissions due to the shut-in of the Santa Ynez Unit, SYU (Fields: Hondo, Pescado and Sacate) |
| OCS-P 00180 OCS-P 00181 OCS-P 00182 OCS-P 00183 OCS-P 00187 OCS-P 00188 OCS-P 00189 OCS-P 00190 OCS-P 00191 OCS-P 00192 OCS-P 00193 OCS-P 00194 OCS-P 00195 OCS-P 00326 OCS-P 00329 OCS-P 00461 | Santa Ynez Unit | California | Exxon Mobil Corporation | Santa Ynez Unit, SYU (Fields Hondo, Pescado and Sacate) | 02/10/2016 | Reservoir Management (Subpart K – Oil & Gas production Requirements) | 30 CFR 550.1155 | Depart from the Sensitive Reservoir Information Reports submission due to the shut-in of the Santa Ynez Unit, SYU (Fields: Hondo, Pescado and Sacate) |