[Federal Register Volume 60, Number 143 (Wednesday, July 26, 1995)]
[Rules and Regulations]
[Pages 38240-38241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17745]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 931

[Docket No. 950616158-5158-01]
RIN 0648-AI04


Coastal Energy Impact Program

AGENCY: Office of Ocean and Coastal Resource Management (OCRM), 
National Ocean Service (NOS), National Oceanic and Atmospheric 
Administration (NOAA), Department of Commerce (DOC).

ACTION: Final Rule; removal.

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SUMMARY: This final rule removes regulations implementing the Coastal 
Energy Impact Program (CEIP), which was established in 1976 under then-
section 308 of the Coastal Zone Management Act (CZMA) to provide 
coastal states and units of general purpose local governments (local 
governments) in such states with Federal financial assistance to meet 
certain needs that result from specified energy development activities. 
In the 1990 amendments to the CZMA the CEIP was terminated and, 
therefore, the implementing regulations are, for the most part, 
obsolete. Further, for those particular coastal states and local 
governments with outstanding CEIP loans, NOAA will continue to apply 
relevant provisions to such CEIP loan holders by providing actual and 
timely notice of their continued applicability. Therefore, the 
regulations need no longer be retained in the Code of Federal 
Regulations (CFR).

EFFECTIVE DATE: July 26, 1995.

FOR FURTHER INFORMATION CONTACT: James Lawless, Deputy Director, Office 
of Ocean and Coastal Resource Management, at (301) 713-3155.

SUPPLEMENTARY INFORMATION: In March 1995, President Clinton issued a 
directive to Federal agencies regarding their responsibilities under 
his Regulatory Reinvention Initiative. This initiative is part of the 
National Performance Review and calls for immediate, comprehensive 
regulatory reform. The President directed all agencies to undertake an 
exhaustive review of all their regulations--with an emphasis on 
eliminating or modifying those that are obsolete or otherwise in need 
of reform. This final rule represents one of the first steps in NOAA's 
response to this new directive.

[[Page 38241]]


Coastal Energy Impact Program

    The CEIP was established in 1976 under then-section 308 of the 
Coastal Zone Management Act (CZMA), 16 U.S.C. 1456a, to provide coastal 
states and local governments in such states with Federal financial 
assistance to meet certain needs that result from specified energy 
development activities. In the 1990 amendments to the CZMA (Pub. L. 
101-508), section 308 was amended by: (1) Terminating any future CEIP 
loans, although obligations of any coastal state or local government to 
repay loans made prior to the 1990 amendments remain in effect; and (2) 
establishing the Coastal Zone Management Fund as, inter alia, the 
repository for such CEIP loan repayments. As the CEIP has been 
terminated, the administrative regulations, Part 931, for this program 
are, for the most part, obsolete and need not be retained in the CFR. 
For the particular coastal states and local governments that have 
outstanding CEIP loans and therefore must repay the loans to the 
Coastal Zone Management Fund, NOAA will continue to apply the 
applicable provisions of Part 931. However, although such provisions 
shall continue to apply, it is not necessary to retain them in the CFR 
because, in part, such provisions have particular applicability to only 
those coastal states and local governments with outstanding CEIP loans. 
Accordingly, NOAA will provide copies of the relevant provisions of 
Part 931, with instructions that they continue to apply, directly to 
those particular coastal states and local governments that have 
outstanding CEIP loans. Therefore, the particular coastal states and 
local governments with outstanding CEIP loans will have, in addition to 
the constructive notice provided by this final rule, actual and timely 
notice of the continued application of the repayment provisions of Part 
931, and such coastal states and local governments shall continue to 
comply with all the terms and conditions of such provisions of part 
931. See 5 U.S.C. 552(a). Accordingly, NOAA is removing part 931, the 
CEIP regulations, from Title 15 of the CFR.
    NOAA has determined that because this rule is a matter relating to 
loans, grants, benefits or contracts, it is not subject to the 
Administrative Procedure Act (APA) requirements of prior notice, 
opportunity for comment, or delayed effective date (5 U.S.C. 553). 
Accordingly, this rule is being made effective immediately upon 
publication.

Executive Order 12866

    For purposes of Executive Order 12866, this final rule is 
determined to be not significant.

Regulatory Flexibility Act

    Notice and comment for this rule are not required by the APA or any 
other law. Therefore, a regulatory flexibility analysis is not required 
under the Regulatory Flexibility Act (Pub. L. 96-354).

Paperwork Reduction Act

    This regulation contains no information collection requirements 
which are subject to review and approval by OMB under the Paperwork 
Reduction Act of 1980 (44 U.S.C. 3500 et seq.).


    Authority: Coastal Zone Management Act of 1972, is amended, 16 
U.S.C. 1451 et seq.

List of Subjects in 15 CFR Part 931

    Coastal zone, Grant programs--natural resources, Natural resources, 
and Reporting and recordkeeping requirements.

    Dated: June 28, 1995.
David Evans,
Acting Deputy Assistant Administrator for Ocean Services and Coastal 
Zone Management.

    Accordingly, for the reasons set forth in the preamble and under 
the authority of 16 U.S.C. 1451 et seq., Chapter IX of Title 15 of the 
Code of Federal Regulations is amended as follows:

PART 931--[REMOVED]

    1. Part 931 is removed.

[FR Doc. 95-17745 Filed 7-25-95; 8:45 am]
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