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)

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, 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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