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The Department proposed to revise the criteria in 30 CFR 556.901(d) employed To judge the need for supplemental financial assurance from lessees from the five standards—fiscal ability, projected fiscal power, enterprise security, dependability in Assembly obligations depending on credit rating score or trade references, and file of compliance with legislation, rules, and lease phrases—to an easier Examination of 1 of two criteria: (1) credit rating or (2) the ratio of the value of proved reserves to decommissioning liability associated with those reserves. As discussed inside the preamble towards the proposed rule at 88 FR 42142-42144, the Division proposed to get rid of the “company stability” and also the “report of compliance” standards, to interchange the “money potential” and “trustworthiness” conditions with issuer credit history ranking or proxy credit rating ranking, and to replace the “projected fiscal power” criterion which has a ratio of the worth of proved oil and gasoline reserves on a lease to the decommissioning liability connected with People reserves.
On June 29, 2023, the Division proposed a whole new rule in lieu of finalizing the BOEM provisions with the 2020 joint proposal. The brand new proposed rule provided proposed revisions towards the laws regarding threat management and financial assurance for OCS lease and grant obligations.
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Commenters expressed concerns with BOEM's proposed definition of “You” and asserted that BOEM was imposing on the regulated Neighborhood the obligation to confirm which individuals protected through the definition are matter to the particular regulatory demands of each and every portion.
Commenters generally supported the proposal to permit BOEM to withhold acceptance of any new transfer or assignment of any lease fascination right up until monetary assurance obligations are contented. Response:
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BOEM agrees with the commenters which the decommissioning liability really should not be double counted; it isn't the Bureau's intent to double rely the decommissioning legal responsibility. The restrictions are distinct that BOEM is asking for the discounted price of the reserves ( e.g.,