• CRE Interventions

    CRE Files Comments on Proposed Arctic Drilling Rules

    On April 24, 2015, the Center for Regulatory Effectiveness filed comments on the U.S. Department of Interior’s Proposed Requirements for Exploratory Drilling on the Arctic Outer Continental Shelf. The Executive Summary of CRE’s comments can be viewed at The Regulation of Seismic Exploration in the United States forum, or by clicking here.

    CRE Responds to Enviro Comments on BOEM’s Draft 2017-2022 Plan EIS

    On March 29, 2015, the Center for Regulatory Effectiveness filed Comments on the Bureau of Ocean Energy Management’s Notice of Intent to Prepare a Programmatic Environmental Impact Statement for the Outer Continental Shelf 2017-2022 Proposed Oil and Gas Leasing Program, www.regulations.gov, Docket ID: BOEM-2014-0085.

    Comments are available in their entirety here: CRE Responds to Enviro Comments

    CRE Files Comments on Arctic ICRs

    On March 25, 2015, the Center for Regulatory Effectiveness filed comments with the U.S. Office of Management and Budget on Information Collection Requests 201404- 1014-004 and 201311-1010-003. These ICRs are part of the Arctic Drilling rules proposed by the U.S. Bureau of Safety and Environmental Enforcement and the U.S. Bureau of Ocean Energy Management.

    Comments are available in their entirety here: CRE Files Comments on Arctic ICRs

    CRE Comments to NMFS Draft Guidance for Assessing the Effects of Antrhopogenic Sound on Marine Mammals

    Comments are available in their entirety here:  CRE Comments to NMFS Draft Guidance for Assessing the Effects of Antrhopogenic Sound on Marine Mammals

    CRE Comments to OMB on NOAA/NMFS’ ICR for MMPA Takes

    Comments are available in their entirety here: CRE Comments to OMB on NOAA/NMFS’ ICR for MMPA Takes

    CRE Comments on NMFS’ ICR for MMPA Takes

    Comments are available in their entirety here: CRE Comments on NMFS’ ICR for MMPA Takes

    CRE Comments on Gulf of Mexico EIS Scoping

    CRE recently filed comments on BOEM and NMFS’ scoping for their EIS on oil and gas geological and geophysical exploration in the Gulf of Mexico. CRE’s comments emphasized that that there is no basis for regulating G&G more stringently. In light of the current and historical record, the agencies should consider regulating GOM G&G less stringently. CRE also pointed out that any more stringent regulation of GOM G&G would require a new Information Collection Request (“ICR”) under the Paperwork Reduction Act (“PRA”); a new Notice to Lessees (“NTL”); a new Protected Species Stipulation; and OMB Approval. Click here to read these and other points made in CRE’s comments.

    Comments are available in their entirety here: CRE Comments of Gulf of Mexico EIS Scoping

    CRE Comments on Arctic SEIS

    Comments are available in their entirety here: CRE Comments on Arctic SEIS

    CRE Comments on 90-day Finding on a Petition to List Sperm Whales in the Gulf of Mexico as a  Distinct Population Segment Under the Endangered Species Act

    Comments are available in their entirety here:  CRE Comments on Sperm Whale Petition

    CRE Comments Bureau of Ocean Energy Management’s (“BOEM”)Draft Environmental Impact Statement (“DEIS”), for the Gulf of Mexico (“GOM”), Outer Continental Shelf (“OCS”), Eastern Planning Area (“EPA”) Lease Sales 225 and 226

    Comments are available in their entirety here: CRE Comments on BOEM Draft EIS for OCS Lease Sales 225 and 226

    CRE White Paper Evaluating the Massachusetts Ocean Management Plan

    The White Paper is available in its entirety here: Evaluation of Massachusetts Ocean Management Plan 

    CRE Comments on the Bureau of Safety and Environmental Enforcement (BSEE) Information Collection Request (ICR) for Certain Offshore Activities, Including Seismic

    Comments are available in their entirety: BSEE ICR on Offshore Activities

    CRE Brazil Comments on Draft Guidance to Manage the Risk to Marine Mammals from Man-made Sound Sources in Irish Water

    Comments available in their entirety here: CRE Brazil Comments on Man-Made Sound Sources in Irish Water

    CRE Brazil Comments on SCientific Synthesis on the Impacts of Underwater Noise on Marine and Coastal Biodiversity and Habitats

    Comments available in their entirety here: CRE Brazil Comments on UN Noise Report

     

    CRE Comments on Supplemental EIS for Proposed Western Planning Area, Lease Sale 233 and Central Planning Area, Lease Sale 231

    Comments available in their entirety here: CRE Comments on BOEM SEIS

    CRE Comments on Bureau of Ocean Energy Management Draft Programmatic Environmental Impact Statement (“DPEIS”) For Geological and Geophysical Exploration on the Atlantic Outer Continental Shelf.

    Comments available in their entirety here: CRE Comments on Atlantic PEIS

    CRE Comments on NMFS Draft Guidelines for Assessing Marine Mammal Stocks and CRE’s Comments on Guidelines for Assessing Marine Mammal Stocks: Report of the GAMM III Workshop

    Comments available in their entirety here: CRE Comments on NFMS Guidelines and  GAMMS III

    CRE Comments on NMFS’s Artic EIS

    Comments available in their entirety here: CRE Comments on Arctic EIS

    CRE Comments on the National Ocean Council’s Draft Implementation Plan

    Comments available in their entirety here: Comments on draft implementation plan–Center for Regulatory Effectiveness

    CRE Comments on Gulf of Mexico DEIS

    Comments available in their entirety here: CRE Comments on BOEM DEIS Gulf of Mexico

    CRE  Comments on the National Oceanic and Atmospheric Administration’s (NOAA) proposed Information Collection Request (ICR) for the National Marine Sanctuaries’ permit program.

    Comments available in their entirety here: CRE Comments on NOAA Marine Sanctuaries ICR

    CRE Submits Comment to BOEM on Draft PEIS for OCS 5 Year Plans

    Please read the comments in their entirety here: PEIS Proposed 5yr OCS Leasing Comments–Center for Regulatory Effectiveness

    CRE Comments on  Proposed Information Collection Request (“ICR”), Permits for Incidental Taking of Endangered or Threatened Species,

    Comments available in their entirety here: nmfsesaicrcomments

    CRE  Comments on National Oceanic and Atmospheric Administration (“NOAA”) National Marine Protected Areas Center External Review

    Comments available in their entirety here: mmmpaoverviewcomments


    Marine Mammal Commission Responds  Favorably to CRE Request to Issue DQA Guidelines

    http://www.thecre.com/quality/2011/20110822_regweek.html

    Comments by the Center for Regulatory Effectiveness on BOEMRE ICRS OCS Seismic

    http://www.thecre.com/creipd/?p=698

    CRE Comments on BOEMRE’s  ICR for Geological and Geophysical Explorations of the OCS

    http://www.thecre.com:80/creipd/?p=685

    CRE Comments on Draft  NOAA Scientific Integrity Policy and Handbook for Public Review

    http://www.thecre.com/creipd/?p=667

    CRE Files Comments on BOEMRE’s Revised Take for Gulf of Mexico Seisimic

    http://www.thecre.com/creipd/?p=628

    CRE Comments on Marine Spatial Planning

    http://www.thecre.com/creipd/?p=616

    CRE Transmits its Recommendations on Coastal and Marine Spatial  Planning

    http://www.thecre.com/creipd/?p=506

    CRE Comments on BOEMRE’s  Scoping for its Multisale Environmental Impacts

    http://www.thecre.com/creipd/?p=482

    Where We  Stand on Sesimic Litigation

    http://www.thecre.com/creipd/?p=411

    SPL vs. SEL

    http://www.thecre.com/creipd/?p=407

    Who’s Right About Seismic Models?

    http://www.thecre.com/creipd/?p=399

    CRE’s Recommendation to BOEMRE for the OCS Scientific Committee

    http://www.thecre.com/creipd/?p=385

    Who’s Right About Sesimic Models?

    http://www.thecre.com/creipd/?p=399

    CRE Testifies at NOAA Alaksa Hearings

    http://www.thecre.com/creipd/?p=213

    Attached Files:

    CRE Files Comments on Arctic  EIS

    -ArcticEISNOIcomments

    CRE Issues Data Quality Alert to NMFS on Gulf of Mexico Take Rule

    NMFS  is in the process of revising the incidental take rules for oil and gas exploration in the Gulf of Mexico. CRE alerts NMFS to the statutory requirement that all such actions be in compliance with the Data Quality Act.

    CRE Files Comments on CEQ’s Interim Report on Ocean Policy

    In accord with the President’s emphasis on transparency and open government, CRE  is posting  three influential documents for public review and comment:

    (1)  NOAA comments to MMS on the Five Year OCS Program, see  the NOAA attachment  below.

    (2)  A comment prepared by several dozen environmental organizations on the CEQ Interim Report on Ocean Zoning/Marine Spatial Planning, see  Enviro Comments below,

    (3)  Comments submitted by CRE to CEQ on the Interim Report on Ocean Zoning/Marine Spatial Planning, see  CRE CEQ below.

    CRE Files Comments on OCS Five Year Plan

    The CRE comments attached hereto were developed through the use of  this Interactive Public Docket.   The IPD is premised on the fact that in a wired society the time-limited public comment period in the Administrative Procedure Act is obsolete – public comment is a 24/7 operation. OCS CommentsNational Public Radio reviewed the IPD at http://www.thecre.com/creipd/.
    Why should the public not be involved in a rulemaking prior to the issuance of a proposed rule? Why should not the public be able to provide updated information to regulators after the close of a public comment period? Why should not the public be able to provide information to regulators during the implementation stage of a rule?
    In that it often takes months, if not years, for an agency to complete a rulemaking subsequent to the close of the public comment period, new information should be provided to federal agencies on a continuous basis. CRE is not suggesting that agencies not establish deadlines for the issuance of a rule but instead that they announce a policy which states that while they are working on a rule agencies will review the contents of IPDs and introduce the relevant portions of the IPD into the record when such information contributes to the issuance of a technically sound rule.

    The most helpful IPDs are those that encourage the posting of opposing views. To this end the IPD used to formulate the CRE comments on the Five Year OCS Plan contain comments received from the public on proposed CRE comments on the IPD. The public comments received by CRE are posted on the Discussion Forum of this site.

    CRE responses to the considered comments of the public are contained in Section V of the CRE comments.Consequently, CRE is not only presenting its comments to MMS but it has also vetted them with the stakeholders holding diverse views.

    The IPD also contains CRE’s reaction to the views of diverse persons including those who disagree with one or more aspects of CRE’s analyses. In addition the IPD provides a forum for all stakeholders to comment on the comments submitted by other stakeholders.

    MMS should encourage the use of IPDs because it is a mechanism which ensures that the agency not only receives the views of a particular stakeholder but the public reaction thereto.

    The data in the IPD will be augmented on a continuous basis by CRE and the public; it is for this reason that the CRE submission consists in part of a link to the IPD.

    The thrust of the CRE comments are twofold and are attached hereto:

    (1) There is authoritative legal precedent, in the D.C. Circuit, interpreting the environmental protection provisions of the Outer Continental Shelf Lands Act (“OCSLA”) to require that the Department of the Interior and its Minerals Management Service give primary emphasis to the goal of developing new oil and gas resources with potential environmental impacts a secondary concern.

    (2) There are no data, which complies with the Data Quality Act, demonstrating that seismicexposure reduces foraging in sperm whales.

     

    Give NOAA’s MPA Federal Advisory Committee A Real Job

    NOAA’s Marine Protected Areas (MPA) Federal Advisory Committee has the responsibility for commenting on NOAA’s MPA program. Notwithstanding its well defined charter, NOAA is not using the committee to address major policy issues.

    CRE has recommended that OSTP, working with OMB,  require that  federal advisory committees  give the public the right to comment on their proposed agendas.

    What are your views?

    Read the CRE comments in the attachment hereto.

    FACA Ocean

    Attached Files:

    The Implications of the NOAA National System of Marine Protected Areas on the Outer Continental Shelf Lands Act

    CRE invites public comment on the following paper, attached hereto,  which will provide one basis for CRE supplying comments to MMS on its five year OCS program.

    Short comments can be submitted by clicking on comments below; more detailed comments, particuarly if there is an attachment thereto, should be presented as a separate submission by “Submit a Post” to the right.

    You can append an attachment to your separate submission by clicking on “Browse” to the right, which will allow you to download a file from your documents section.

    Please comment on the Attahcment below:

    Edit

    Updating a Government Report 24/7

    The  federal government routinely issues reports on a wide variety of issues. Federal agencies often request public comments on a draft report prior to issuing it in final form.

    Why not allow the public to update the report on a 24/7 time schedule?  The federal government would benefit from  public comments on comments submitted on the draft report as  well as having  a data base for  subsequent revisions of the  report.

    CRE has made a recommendation to the White House OSTP with respect to its report on oceans, Charting the Course. More specifically, CRE recommends that OSTP make public all the comments it received. CRE will post them on an Interactive Publlic Docket,  http://www.thecre.com/blog/, invite comments on each of the comments submitted to OSTP, issue periodic reports on the comments received, and keep the docket open 24/7  as a basis for future revisions to the report.

    See CRE Comments in the attachment below.Charting the Course

     

    CRE Requests White House Intervention Regarding NOAA MPA Advisory Committee

    CRE has filed comments with the White House Office of Science and Technology Policy (OSTP) on the President’s memorandum on Transparency and Open Government. In the comments, CRE explains how reform of advisory committees and the use of Interactive Public Dockets (IPDs) can revitalize agency use of science.

    The comments explain that GAO has long recognized the serious problems in balance, transparency and bias associated with FACA committees. CRE then provides a case study using NOAA’s Marine Protected Areas (MPA) Federal Advisory Committee. The comments detail two types of problems associated with the MPA committee; lack of transparency and balance, and agency misuse of an advisory committee.

    CRE recommends specific actions, including  giving the public an opportunity to comment on the meeting agendas for Federal Advisory Committees.

    The comments also explain how the use of IPDs, which allow all stakeholder to transparently participate in federal proceedings on a 24/7 basis can help fulfill the President’s transparency goals. Of particular note is the ability of IPDs to serve as: 1) a mechanism for providing data to federal agencies on an ongoing basis; and 2) a forum for public vetting of all data submitted to agencies

    Read CRE comments in the attachment below.

    CRE Response To OSTP Request For Revitalizing Agency Use Of Science.

    • The CRE response to the OSTP request for ways to revitalize agency use of science is attached hereto.

    CRE believes that the time limited notice and comment period in the Adminstrative Procedure Act is obsolete. In a wired society, the notice and comment period is 24/7.

    To meet this challenge,  CRE has championed the use of IPD’s (Interactive Public Dockets). This website is an IPD dedicated to the new ocean zoning program announced by President Obama last week and so described in the Zoning news of this website.

    In the attached filing, CRE concludes  that OSTP  should recommend that OMB, as part of their Directive implementing the President’s Memorandum on Transparency and Open Government, :

    1. Require that FACA committee agendas be published for notice and comment prior to the meeting and that the sponsoring agency (agencies) respond to the comments;

    2. Require FACA committees to publish on their website, or other prominent location, their process for screening candidates for the committee and their process and criteria for ensuring committee balance; and

    3. Encourage agencies to participate in Interactive Public Dockets such as the NOAA/MMS IPD found at http://www.thecre.com/creipd/ by posting the availabilty of  IPDs on agency websites.

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