[Federal Register Volume 86, Number 122 (Tuesday, June 29, 2021)]
[Proposed Rules]
[Pages 34169-34171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13495]


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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).

[[Page 34170]]


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

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SUMMARY: The Regulatory Flexibility Act (RFA) requires that NOAA's 
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 fiscal year 2022.

DATES: Comments must be received on or before July 29, 2021.

ADDRESSES: Comments may be submitted by:
     Electronic Submission: Submit all electronic public 
comments via the Federal eRulemaking Portal. Go to http://www.regulations.gov, and search for docket NOAA-NOS-2021-0047, 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 240-533-0686.

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 that 
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, 5 U.S.C. 605, provides that 
if, when a rule is proposed or finalized, the head of an agency 
certifies to the Small Business Administration's Chief Counsel for 
Advocacy that the 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. The Small Business Administration's 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 small entities, consistent with the 
objectives of other applicable statutes. RFA section 610(b) requires 
agencies to consider five factors when conducting this review:
    (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 
and should therefore be reviewed under RFA section 610.

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 Fiscal Year 2022

    ONMS has determined that one rulemaking finalized in fiscal year 
2012 requires review under RFA section 610:
    ``Research Area Within Gray's Reef National Marine Sanctuary''. RIN 
0648-AV88 (76 FR 63824; October 14, 2011). This final rule created an 
8.27 square-mile research area within the southern portion of Gray's 
Reef National Marine Sanctuary. NOAA created the research area pursuant 
to its authority under the National Marine Sanctuaries Act, 16 U.S.C. 
1431 et seq., in order to provide a zone specifically designed for 
conducting controlled scientific studies in the absence of certain 
human

[[Page 34171]]

activities that could affect the results. NOAA prohibited fishing, 
diving, and stopping a vessel in the research area. NOAA prepared a 
final regulatory flexibility analysis for this rule when it was 
finalized.
    ONMS invites comments on this rule, and will evaluate comments that 
would assist ONMS in conducting its RFA section 610 review. Unless we 
publish a document stating otherwise, ONMS will make the final report 
available at http://sanctuaries.noaa.gov/library/alldocs.html.

John Armor,
Director, Office of National Marine Sanctuaries, National Oceanic and 
Atmospheric Administration.
[FR Doc. 2021-13495 Filed 6-28-21; 8:45 am]
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