30 CFR §285.103

1. (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. (1)Are impractical or unduly burdensome and the departure is necessary to achieve the intended objectives of the renewable energy program;
   2. (2)Fail to conserve the natural resources of the OCS;
   3. (3)Fail to protect life (including human and wildlife), property, or the marine, coastal, or human environment; or
   4. (4)Fail to protect sites, structures, or objects of historical or archaeological significance.
2. (b)Any departure approved under this section and its rationale must:
   1. (1)Be consistent with subsection 8(p) of the OCS Lands Act;
   2. (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. (3)Not impair the rights of third parties; and
   4. (4)Be documented in writing.