[Federal Register Volume 84, Number 170 (Tuesday, September 3, 2019)]
[Proposed Rules]
[Pages 45929-45930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18486]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 922


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: Notice 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. The RFA does not 
require agencies to periodically review existing regulations that were 
originally certified under RFA section 605 as a rule that will not have 
a significant economic impact on a substantial number of small 
entities. However, an agency may exercise its discretion to review 
certified rules to assess whether changed conditions may mean that the 
existing rules now have a significant economic impact on a substantial 
number of small entities. This plan describes how ONMS will exercise 
its discretion to conduct this assessment for specified rules certified 
under RFA section 605 and describes the regulations proposed for review 
in 2020.

DATES: Comments must be received on or before October 3, 2019.

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-2019-0086, 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 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,'' which the RFA defines to include small 
businesses, small governmental jurisdictions and small organizations. 5 
U.S.C. 601. 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 which have or will have a significant 
economic impact on a substantial number of small entities. It requires 
that ONMS publish a plan in the Federal Register explaining how it will 
review existing regulations that have a significant economic impact on 
a substantial number of small entities. Regulations that have a 
significant economic impact on a substantial number of small entities 
that became 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 if, when a rule 
is promulgated, the head of an agency certifies 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, then initial and final regulatory flexibility analyses do not 
need to be prepared for the rule. Guidance on implementing the 
requirements of RFA section 610 indicates that agencies may exercise 
their discretion to 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 and, therefore, should be subject 
to a full section 610 review. If there is evidence that a previously 
certified rule is now having a significant economic impact on a 
substantial number of small entities, then the Small Business 
Administration recommends that the agency should conduct a section 610 
review of the rule.

Criteria for Review of Existing Regulations

    The purpose of a section 610 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

[[Page 45930]]

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 for which a regulatory flexibility analysis was 
prepared:
    (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.
    For rules that were certified under RFA section 605, ONMS is not 
required to conduct a review under RFA section 610. However, ONMS may 
exercise its discretion to prepare an assessment to determine whether 
changed conditions may mean that the existing rules now do have a 
significant economic impact on a substantial number of small entities. 
The assessment of certified rules may further consider whether the 
existing rules should be left unchanged, or whether they should be 
revised or rescinded to minimize significant economic impacts on a 
substantial number of small entities, consistent with the objectives of 
other applicable statutes.

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 may exercise its discretion to 
also review rules certified under RFA section 605 as not having 
significant impacts. ONMS may evaluate whether changed conditions may 
mean that the existing rules now do have a significant economic impact 
on a substantial number of small entities 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 2020

    Two rulemakings finalized in 2010 were certified under RFA section 
605 and are being assessed by ONMS to determine whether changed 
conditions may mean that the existing rules now do have a significant 
economic impact on a substantial number of small entities and therefore 
should be 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. ``Gray's Reef National Marine Sanctuary Spearfishing 
Regulations''. RIN 0648-AX37 (75 FR 7361; February 19, 2010). This 
final rule prohibited the use of spearfishing gear in Gray's Reef 
National Marine Sanctuary (GRNMS or sanctuary). Possession of 
spearfishing gear is also prohibited except for vessels passing through 
the sanctuary without interruption. The final rule also facilitated 
enforcement of an existing prohibition against the use of powerheads 
within the sanctuary.
    2. ``Florida Keys National Marine Sanctuary Discharge 
Regulations.'' RIN 0648-AX58 (75 FR 72655; November 26, 2010). This 
rule eliminated the exemption that allowed discharges from within the 
boundary of the sanctuary of biodegradable effluent incidental to 
vessel use and generated by marine sanitation devices (MSDs) approved 
under the Clean Water Act (CWA), and required that MSDs be secured to 
prevent discharges of treated and untreated sewage.
    ONMS invites comments on these rules, and whether any conditions 
have changed for any of these rules, or for small business conducting 
activities in these areas that would require ONMS to conduct RFA 
section 610 review of those regulations. ONMS will evaluate comments on 
whether those rules now have a significant impact and therefore should 
be reviewed under RFA section 610. Unless we publish a notice stating 
otherwise, ONMS will make any reports available at http://sanctuaries.noaa.gov/library/alldocs.html.

John Armor,
Director, Office of National Marine Sanctuaries.
[FR Doc. 2019-18486 Filed 8-30-19; 8:45 am]
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