On November 29, 2016, the Center for Regulatory Effectiveness Comments filed comments with the Bureau of Ocean Energy Management on BOEM’s draft Programmatic Environmental Impact Statement for Geological and Geophysical Activities on the Gulf of Mexico Outer Continental Shelf. CRE’s comments included the following summary:
“The PEIS violates OMB’s Peer Review Bulletin because it has not been peer reviewed.
The PEIS Appendix D Models violate OMB’s Peer Review Bulletin and Information Quality Act (“IQA”) Guidelines.
GOM G&G does not harm marine mammals or any other organism under current regulation. No change is needed in GOM regulation of G&G.
BOEM and NMFS cannot require an LTMP for the reasons stated below and in CRE’s prior comments, which are incorporated by reference. BOEM does not have and should not receive an ICR that authorizes an LTMP.
BOEM and NMFS Should Not Use NMFS’ new Acoustic Guidance in the PEIS or for any other purpose. NMFS’ Development of the Acoustic Guidance violates the OMB Peer Review Bulletin. The Acoustic Guidance is a rule, and NMFS’ development of it violates Executive Orders 12855 and 13563.
BOEM and NMFS do not have, and OMB should not approve, an ICR authorizing use of the Acoustic Guidance. The Acoustic Guidance is not necessary for the proper performance of BOEM and NMFS’ statutory duties; there are less burdensome alternatives; and the Acoustic Guidance lacks practical utility and violates IQA Guidelines.
BOEM’s economic impact analysis is incomplete and inaccurate because it does not include the increased cost of applying the Acoustic Guidance.”
