83 FR 8812 - Plan for Periodic Review of Regulations

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 41 (March 1, 2018)

Page Range		8812-8814
FR Document		2018-04178

Regulatory Flexibility Act (RFA) section 610 requires that NOAA Office of National Marine Sanctuaries (ONMS) periodically review existing regulations that have a significant economic impact on a substantial number of small entities, such as small businesses, small organizations, and small governmental jurisdictions. This plan describes how ONMS will perform this review and describes the regulations proposed for review in 2018.

Federal Register, Volume 83 Issue 41 (Thursday, March 1, 2018)

[Federal Register Volume 83, Number 41 (Thursday, March 1, 2018)]
[Proposed Rules]
[Pages 8812-8814]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04178]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 922

RIN 0648-XF789


Plan for Periodic Review of Regulations

AGENCY: Office of National Marine Sanctuaries (ONMS), National Ocean 
Service (NOS), National Oceanic and Atmospheric Administration (NOAA), 
Department of Commerce (DOC).

ACTION: Notification of plan for periodic review of regulations; 
request for comments.

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SUMMARY: Regulatory Flexibility Act (RFA) section 610 requires that 
NOAA Office of National Marine Sanctuaries (ONMS) periodically review 
existing regulations that have a significant economic impact on a 
substantial number of small entities, such as small businesses, small 
organizations, and small governmental jurisdictions. This plan 
describes how ONMS will perform this review and describes the 
regulations proposed for review in 2018.

DATES: Comments must be received on or before April 2, 2018.

ADDRESSES: Comments may be submitted by:
     Electronic Submission: Submit all electronic public 
comments via the Federal eRulemaking Portal. Go to http://www.regulations.gov/#!docketDetail;D=NOAA-NOS-2017-0133, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NOAA. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personally identifiable 
information (for example, name, address, etc.), confidential business 
information, or otherwise

[[Page 8813]]

sensitive information submitted voluntarily submitted by the commenter 
will be publicly accessible. NOAA will accept anonymous comments (enter 
``N/A'' in the required fields if you wish to remain anonymous).

FOR FURTHER INFORMATION CONTACT: Meredith Walz, NOAA Office of National 
Marine Sanctuaries, 1305 East-West Highway, Silver Spring, MD 20910, 
[email protected], or 240-355-0686.

SUPPLEMENTARY INFORMATION:

Background

    The Regulatory Flexibility Act (RFA), 5 U.S.C. 601 et seq., 
requires that federal agencies take into account how their regulations 
affect ``small entities,'' including small businesses, small 
governmental jurisdictions and small organizations. For regulations 
proposed after January 1, 1981, the agency must either prepare a 
Regulatory Flexibility Analysis or certify the regulation, if 
promulgated, will not have a significant economic impact on a 
substantial number of small entities.
    Section 610 of the RFA, 5 U.S.C. 610, requires federal agencies to 
review existing regulations. It requires that ONMS publish a plan in 
the Federal Register explaining how it will review existing regulations 
that may have a significant economic impact on a substantial number of 
small entities. Regulations that become effective after January 1, 1981 
must be reviewed within 10 years of the publication date of the final 
rule. Section 610(c) requires that ONMS publish in the Federal Register 
a list of rules it will review during the succeeding 12 months. The 
list must describe, explain the need for, and provide the legal basis 
for the rules, as well as invite public comment on the rules.
    In addition, section 605 of the RFA provides that, when a rule is 
promulgated, the head of an agency may certify to the Small Business 
Administration's Chief Counsel for Advocacy that a rule would not have 
a significant economic impact on a substantial number of small 
entities. Guidance on implementing the requirements of RFA section 610 
indicates that agencies should also determine if previously changed 
conditions may mean that a certified rule now does have a significant 
economic impact on a substantial number of small entities.

Criteria for Review of Existing Regulations

    The purpose of the review is to determine whether existing rules 
should be left unchanged, or whether they should be revised or 
rescinded in order to minimize significant economic impacts on a 
substantial number of small entities, consistent with the objectives of 
other applicable statutes. In deciding whether change is necessary, RFA 
section 610(b) establishes five factors that agencies will consider in 
reviewing existing regulations:
    (1) Whether the rule is still needed;
    (2) What type of public complaints or comments were received 
concerning the rule;
    (3) How complex is the rule;
    (4) How much the rule overlaps, duplicates or conflicts with other 
federal rules, and, to the extent feasible, with state and local 
governmental rules; and
    (5) How long it has been since the rule has been evaluated or how 
much the technology, economic conditions, or other factors have changed 
in the area affected by the rule.

Plan for Periodic Review of Rules

    ONMS will conduct reviews in such a way as to ensure that all rules 
for which a Final Regulatory Flexibility Analysis was prepared are 
reviewed within 10 years of the year in which they were originally 
issued. During this same period, ONMS will also review other rules 
certified under RFA section 605 as not having significant impacts. ONMS 
will evaluate whether those rules now have a significant impact and 
therefore should be reviewed under RFA section 610. ONMS intends that 
it will conduct section 610 reviews on applicable regulations on an 
annual basis. ONMS will make RFA Section 610 review reports available 
at the following website: http://sanctuaries.noaa.gov/library/alldocs.html.

ONMS Regulation Requiring Review for 2018

    One rulemaking finalized in 2008, and one rulemaking finalized in 
January 2009, are being reviewed under RFA section 610. The Chief 
Counsel for Regulation of the Department of Commerce certified to the 
Chief Counsel for Advocacy of the Small Business Administration (SBA) 
that these rules would not have a significant economic impact on a 
substantial number of small entities. As a result, a regulatory 
flexibility analysis was not required, and none were prepared for the 
following actions:
    1. ``Gulf of the Farallones National Marine Sanctuary Regulations; 
Monterey Bay National Marine Sanctuary Regulations; and Cordell Bank 
National Marine Sanctuary Regulations''. RINs 0648-AT14, 0648-AT15, 
0648-AT16 (73 FR 70488; November 20, 2008). ONMS issued this rule, 
along with final revised management plans, for the Gulf of the 
Farallones (now renamed Greater Farallones), Cordell Bank, and Monterey 
Bay national marine sanctuaries (GFNMS, CBNMS, and MBNMS respectively). 
This final rule updated the regulations for the three sanctuaries, and 
established new regulatory prohibitions for them. New prohibitions 
contained in the regulations included restrictions on: The introduction 
of introduced species; discharges from cruise ships and other vessels; 
attracting or approaching white sharks in GFNMS; anchoring vessels in 
seagrass in Tomales Bay; deserting vessels; motorized personal 
watercraft use in the MBNMS (definition revision); and, possessing, 
moving, or injuring historic resources. This final rule also codified 
three dredge disposal sites in the MBNMS that existed prior to the 
MBNMS designation in 1992, and expanded the boundaries of the MBNMS to 
include the Davidson Seamount and surrounding area.
    2. ``Channel Islands National Marine Sanctuary Regulations''. RIN 
0648-AT17 (74 FR 3216; January 16, 2009). ONMS published this rule, 
along with final revised management plans, to finalize the regulations 
for the Channel Islands National Marine Sanctuary (CINMS or Sanctuary). 
The rule revised the regulations to implement prohibitions on: 
Exploring for, developing, or producing minerals within the sanctuary; 
abandoning matter on or in sanctuary submerged lands; taking marine 
mammals, sea turtles, or seabirds within or above the sanctuary; 
possessing within the sanctuary any marine mammal, sea turtle, or 
seabird; marking, defacing, damaging, moving, removing, or tampering 
with sanctuary signs, monuments, boundary markers, or similar items; 
introducing or otherwise releasing from within or into the sanctuary an 
introduced species; and operating motorized personal watercraft within 
waters of the sanctuary that are coextensive with the Channel Islands 
National Park. NOAA also made additional changes to the grammar and 
wording of several sections of the regulations to ensure clarity.
    ONMS invites comments on these rules. ONMS plans to complete the 
RFA section 610 review of the regulations by November 1, 2018. Unless 
we publish a notification stating otherwise, ONMS will make the final 
report available at

[[Page 8814]]

http://sanctuaries.noaa.gov/library/alldocs.html.

    Dated: December 27, 2017.
John Armor,
Director, Office of National Marine Sanctuaries.
[FR Doc. 2018-04178 Filed 2-28-18; 8:45 am]
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Federal Register / Vol. 83, No. 41 / Thursday, March 1, 2018 / Proposed Rules 8813

sensitive information submitted be left unchanged, or whether they Bank National Marine Sanctuary
voluntarily submitted by the commenter should be revised or rescinded in order Regulations’’. RINs 0648–AT14, 0648–
will be publicly accessible. NOAA will to minimize significant economic AT15, 0648–AT16 (73 FR 70488;
accept anonymous comments (enter impacts on a substantial number of November 20, 2008). ONMS issued this
‘‘N/A’’ in the required fields if you wish small entities, consistent with the rule, along with final revised
to remain anonymous). objectives of other applicable statutes. management plans, for the Gulf of the
FOR FURTHER INFORMATION CONTACT: In deciding whether change is Farallones (now renamed Greater
Meredith Walz, NOAA Office of necessary, RFA section 610(b) Farallones), Cordell Bank, and Monterey
National Marine Sanctuaries, 1305 East- establishes five factors that agencies will Bay national marine sanctuaries
West Highway, Silver Spring, MD consider in reviewing existing (GFNMS, CBNMS, and MBNMS
20910, Meredith.Walz@noaa.gov, or regulations: respectively). This final rule updated
240–355–0686. (1) Whether the rule is still needed; the regulations for the three sanctuaries,
(2) What type of public complaints or and established new regulatory
SUPPLEMENTARY INFORMATION:
comments were received concerning the prohibitions for them. New prohibitions
Background rule; contained in the regulations included
(3) How complex is the rule; restrictions on: The introduction of
The Regulatory Flexibility Act (RFA), (4) How much the rule overlaps,
5 U.S.C. 601 et seq., requires that federal introduced species; discharges from
duplicates or conflicts with other cruise ships and other vessels; attracting
agencies take into account how their federal rules, and, to the extent feasible,
regulations affect ‘‘small entities,’’ or approaching white sharks in GFNMS;
with state and local governmental rules; anchoring vessels in seagrass in
including small businesses, small and
governmental jurisdictions and small Tomales Bay; deserting vessels;
(5) How long it has been since the rule motorized personal watercraft use in the
organizations. For regulations proposed has been evaluated or how much the
after January 1, 1981, the agency must MBNMS (definition revision); and,
technology, economic conditions, or possessing, moving, or injuring historic
either prepare a Regulatory Flexibility other factors have changed in the area
Analysis or certify the regulation, if resources. This final rule also codified
affected by the rule. three dredge disposal sites in the
promulgated, will not have a significant
economic impact on a substantial Plan for Periodic Review of Rules MBNMS that existed prior to the
number of small entities. ONMS will conduct reviews in such MBNMS designation in 1992, and
Section 610 of the RFA, 5 U.S.C. 610, a way as to ensure that all rules for expanded the boundaries of the
requires federal agencies to review which a Final Regulatory Flexibility MBNMS to include the Davidson
existing regulations. It requires that Analysis was prepared are reviewed Seamount and surrounding area.
ONMS publish a plan in the Federal within 10 years of the year in which 2. ‘‘Channel Islands National Marine
Register explaining how it will review they were originally issued. During this Sanctuary Regulations’’. RIN 0648–
existing regulations that may have a same period, ONMS will also review AT17 (74 FR 3216; January 16, 2009).
significant economic impact on a other rules certified under RFA section ONMS published this rule, along with
substantial number of small entities. 605 as not having significant impacts. final revised management plans, to
Regulations that become effective after ONMS will evaluate whether those rules finalize the regulations for the Channel
January 1, 1981 must be reviewed now have a significant impact and Islands National Marine Sanctuary
within 10 years of the publication date therefore should be reviewed under (CINMS or Sanctuary). The rule revised
of the final rule. Section 610(c) requires RFA section 610. ONMS intends that it the regulations to implement
that ONMS publish in the Federal will conduct section 610 reviews on prohibitions on: Exploring for,
Register a list of rules it will review applicable regulations on an annual developing, or producing minerals
during the succeeding 12 months. The basis. ONMS will make RFA Section within the sanctuary; abandoning matter
list must describe, explain the need for, 610 review reports available at the on or in sanctuary submerged lands;
and provide the legal basis for the rules, following website: http:// taking marine mammals, sea turtles, or
as well as invite public comment on the sanctuaries.noaa.gov/library/ seabirds within or above the sanctuary;
rules. alldocs.html. possessing within the sanctuary any
In addition, section 605 of the RFA marine mammal, sea turtle, or seabird;
provides that, when a rule is ONMS Regulation Requiring Review for marking, defacing, damaging, moving,
promulgated, the head of an agency may 2018 removing, or tampering with sanctuary
certify to the Small Business One rulemaking finalized in 2008, signs, monuments, boundary markers,
Administration’s Chief Counsel for and one rulemaking finalized in January or similar items; introducing or
Advocacy that a rule would not have a 2009, are being reviewed under RFA otherwise releasing from within or into
significant economic impact on a section 610. The Chief Counsel for the sanctuary an introduced species;
substantial number of small entities. Regulation of the Department of and operating motorized personal
Guidance on implementing the Commerce certified to the Chief Counsel watercraft within waters of the
requirements of RFA section 610 for Advocacy of the Small Business sanctuary that are coextensive with the
indicates that agencies should also Administration (SBA) that these rules Channel Islands National Park. NOAA
determine if previously changed would not have a significant economic also made additional changes to the
conditions may mean that a certified impact on a substantial number of small grammar and wording of several
sections of the regulations to ensure
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rule now does have a significant entities. As a result, a regulatory
economic impact on a substantial flexibility analysis was not required, clarity.
number of small entities. and none were prepared for the ONMS invites comments on these
following actions: rules. ONMS plans to complete the RFA
Criteria for Review of Existing 1. ‘‘Gulf of the Farallones National section 610 review of the regulations by
Regulations Marine Sanctuary Regulations; November 1, 2018. Unless we publish a
The purpose of the review is to Monterey Bay National Marine notification stating otherwise, ONMS
determine whether existing rules should Sanctuary Regulations; and Cordell will make the final report available at

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8814 Federal Register / Vol. 83, No. 41 / Thursday, March 1, 2018 / Proposed Rules

http://sanctuaries.noaa.gov/library/ Do not submit electronically any regional haze issues. EPA subsequently
alldocs.html. information you consider to be promulgated regulations pursuant to
Dated: December 27, 2017. confidential business information (CBI) section 169B to address regional haze.3
John Armor,
or other information whose disclosure is The RHR focuses on visibility
restricted by statute. Multimedia impairment that is caused by the
Director, Office of National Marine
submissions (audio, video, etc.) must be emission of air pollutants from
Sanctuaries.
accompanied by a written comment. numerous sources located over a wide
[FR Doc. 2018–04178 Filed 2–28–18; 8:45 am]
The written comment is considered the geographic area, requiring states to
BILLING CODE 3510–NK–P
official comment and should include establish goals and emission reduction
discussion of all points you wish to strategies for improving visibility in
make. EPA will generally not consider Class I areas.
ENVIRONMENTAL PROTECTION comments or comment contents located
AGENCY outside of the primary submission (i.e., The CAA requires each state to
on the web, cloud, or other file sharing develop, and submit for approval by
40 CFR Part 52 system). For additional submission EPA, a SIP to meet various air quality
[EPA–R03–OAR–2017–0601; FRL–9974– methods, please contact the person requirements, including the protection
99—Region 3] identified in the FOR FURTHER of visibility in Class I areas.4 Section
INFORMATION CONTACT section. For the 169A(b)(2) of the CAA requires that
Air Plan Approval; Virginia; Regional full EPA public comment policy, applicable 5 state SIPs must contain
Haze Plan and Visibility for the 2010 information about CBI or multimedia such emission limits, schedules of
SO2 and 2012 PM2.5 Standards submissions, and general guidance on compliance and other measures as may
making effective comments, please visit be necessary to make reasonable
AGENCY: Environmental Protection
Agency (EPA). http://www2.epa.gov/dockets/ progress toward meeting the national
commenting-epa-dockets. visibility goal. Such measures include
ACTION: Proposed rule.
FOR FURTHER INFORMATION CONTACT: the application of BART by any BART-
SUMMARY: The Environmental Protection Ellen Schmitt, (215) 814–5787 or at eligible sources 6 that emit air pollutants
Agency (EPA) is proposing to approve a schmitt.ellen@epa.gov. such as SO2 and nitrogen oxides (NOX) 7
state implementation plan (SIP) revision SUPPLEMENTARY INFORMATION: On July that may reasonably be anticipated to
submitted by the Commonwealth of 16, 2015, the Virginia Department of cause or contribute to visibility
Virginia (the Commonwealth or Environmental Quality (VA DEQ) impairment in a Class I area. The BART
Virginia) that changes reliance on the submitted a revision to its SIP to update provisions of the RHR generally direct
Clean Air Interstate Rule (CAIR) to its regional haze plan and to meet states to follow these steps to address
reliance on the Cross-State Air Pollution visibility requirements in section the BART requirements: (1) Identify all
Rule (CSAPR) to address certain 110(a)(2)(D) of the CAA. BART-eligible sources; (2) determine
regional haze requirements. EPA’s which of those sources may reasonably
I. Background be anticipated to cause or contribute to
approval of this SIP revision would
convert the Agency’s limited approval/ A. Regional Haze and the Relationship visibility impairment in a Class I area,
limited disapproval of Virginia’s With CAIR and CSAPR and are therefore subject to BART
regional haze SIP to a full approval. EPA In section 169A of the 1977 requirements; (3) determine source-
is also proposing to approve the Amendments to the CAA, Congress specific BART for each source that is
visibility element of Virginia’s created a program for protecting subject to BART requirements; and (4)
infrastructure SIP submittals for the visibility in the nation’s national parks include the emission limitations
2010 sulfur dioxide (SO2) and 2012 fine and wilderness areas. This section of the reflecting those BART determinations in
particulate matter (PM2.5) national CAA establishes ‘‘as a national goal the their SIPs.8 However, the RHR also
ambient air quality standards (NAAQS). prevention of any future, and the provides states with the flexibility to
These proposed actions are supported remedying of any existing, impairment adopt an emissions trading program or
by EPA’s recent final determination that of visibility in mandatory Class I federal other alternative program instead of
a state’s participation in CSAPR areas which impairment results from requiring source-specific BART
continues to meet the Regional Haze manmade air pollution.’’ 1 On December controls, as long as the alternative
Rule’s (RHR) criteria to qualify as an 2, 1980, EPA promulgated regulations to provides greater reasonable progress
alternative to the application of best address visibility impairment in Class I towards the national goal of achieving
available retrofit technology (BART). areas that are reasonably attributable to natural visibility conditions in Class I
This action is being taken under the a single source or small group of
Clean Air Act (CAA). sources.2 Then, in 1990 Congress added 3 These regulations are known as the Regional

Haze Rule or RHR. 64 FR 35714, 35714 (July 1,
DATES: Written comments must be section 169B to the CAA to address 1999) (codified at 40 CFR part 51, subpart P).
received on or before April 2, 2018. 4 42 U.S.C. 7410(a), 7491, and 7492(a), CAA
1 42 U.S.C. 7491(a). Mandatory Class I federal
ADDRESSES: Submit your comments, sections 110(a), 169A, and 169B.
areas are defined as national parks exceeding 6,000
identified by Docket ID No. EPA–R03– acres, wilderness areas and national memorial parks
5 States that have a federal Class I area, listed by

OAR–2017–0601 at http:// the Administrator under subsection 169A(a)(2) of
exceeding 5,000 acres, and all international parks
the CAA, and/or states from which the emissions
www.regulations.gov, or via email to that were in existence on August 7, 1977. 42 U.S.C.
may reasonably be anticipated to cause or
7472(a). In accordance with section 169A of the
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spielberger.susan@epa.gov. For contribute to any impairment of visibility in any
CAA, EPA, in consultation with the Department of
comments submitted at Regulations.gov, Interior, promulgated a list of 156 mandatory Class federal Class I area.
follow the online instructions for I federal areas where visibility is identified as an
6 A BART-eligible source is any one of the 26

submitting comments. Once submitted, important value. 44 FR 69122 (November 30, 1979). specified source categories listed in appendix Y to
When we use the term Class I area in this action, 40 CFR part 51, Guidelines for BART
comments cannot be edited or removed Determinations Under the Regional Haze Rule.
we mean a mandatory Class I federal area.
from Regulations.gov. For either manner 2 These regulations are the reasonably attributable 7 SO and NO are considered the most
2 X
of submission, EPA may publish any visibility impairment (RAVI) provisions. 45 FR significant visibility impairing pollutants.
comment received to its public docket. 80084 (December 2, 1980). 8 40 CFR 51.308(e)(1).

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Document Created: 2018-02-28 23:57:57
Document Modified: 2018-02-28 23:57:57

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notification of plan for periodic review of regulations; request for comments.
Dates		Comments must be received on or before April 2, 2018.
Contact		Meredith Walz, NOAA Office of National Marine Sanctuaries, 1305 East-West Highway, Silver Spring, MD 20910, [email protected], or 240-355-0686.
FR Citation		83 FR 8812
RIN Number		0648-XF78

83 FR 8812 - Plan for Periodic Review of Regulations

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 41 (March 1, 2018)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration