§ 285.103 When may BSEE prescribe or approve departures from the regulations in this part?

(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.