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Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Rules and Regulations
subject to review under Executive Orders 12866 and 13563 76 FR 3821, January 21, 2011.
b. Executive Order 13089: Coral Reef Protection This action considers Executive Order 13089 on Coral Reef Protection to preserve and protect the biodiversity, health, heritage, and social and economic value of U.S. coral reef ecosystems and the marine environment. The SMMP is designed to reduce potential impacts from sediments on corals from vessels during transit to the ODMDS.
c. Paperwork Reduction Act This action does not impose an information collection burden under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. Burden is defined at 5 CFR 1320.3b. This site designation, does not require persons to obtain, maintain, retain, report, or publicly disclose information to or for a Federal agency.

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d. Regulatory Flexibility Act The Regulatory Flexibility Act generally requires Federal agencies to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities.
Small entities include small businesses, small organizations, and small governmental jurisdictions. For purposes of assessing the impacts of this rule on small entities, small entity is defined as: 1 A small business defined by the Small Business Administrations size regulations at 13 CFR 121.201; 2
a small governmental jurisdiction that is a government of a city, county, town, school district, or special district with a population of less than 50,000; and 3
a small organization that is any not-forprofit enterprise which is independently owned and operated and is not dominant in its field. After considering the economic impacts of this rule, EPA
certifies that this action will not have a significant economic impact on a substantial number of small entities.
e. Unfunded Mandates Reform Act This action contains no Federal mandates under the provisions of Title II of the Unfunded Mandates Reform Act UMRA of 1995, 2 U.S.C. 1531 to 1538, for State, local, or tribal governments or the private sector. This action imposes no new enforceable duty on any State, local or tribal governments
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or the private sector. Therefore, this action is not subject to the requirements of sections 202 or 205 of the UMRA.
This action is also not subject to the requirements of section 203 of the UMRA because it contains no regulatory requirements that might significantly or uniquely affect small government entities. Those entities are already subject to existing permitting requirements for the disposal of dredged material in ocean waters.
f. Executive Order 13132: Federalism This action does not have federalism implications. It does not have substantial direct effects on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among various levels of government, as specified in Executive Order 13132. Thus, Executive Order 13132 does not apply to this action. In the spirit of Executive Order 13132, and consistent with EPA policy to promote communications between EPA and State and local governments, EPA specifically solicited comments on this action from State and local officials.
g. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications, as specified in Executive Order 13175 because the modification of the existing Port Everglades ODMDS
will not have a direct effect on Indian Tribes, on the relationship between the Federal Government and Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes. The depths of the ODMDS greater than 700
feet depth exclude potential habitation or resources related to human settlements. In addition, EPA sent notification of the Seminole Tribe of Florida and the Miccosukee Tribe of Indians of Florida regarding the proposed action to modify the Port Everglades ODMDS and received no comments. Thus, Executive Order 13175
does not apply to this action.
h. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks EPA interprets Executive Order 13045
as applying only to those regulatory actions that concern health or safety risks, such that the analysis required under Section 5501 of the Executive order has the potential to influence the regulation. This action is not subject to Executive Order 13045 because it does not establish an environmental standard
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intended to mitigate health or safety risks.
i. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use This action is not subject to Executive Order 13211, Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use 66
FR 28355 because it is not a significant regulatory action as defined under Executive Order 12866.
j. National Technology Transfer and Advancement Act Section 12d of the National Technology Transfer and Advancement Act of 1995 NTTAA, Public Law 104113, 12d 15 U.S.C. 272, directs EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards e.g., materials specifications, test methods, sampling procedures, and business practices that are developed or adopted by voluntary consensus bodies. The NTTAA directs EPA to provide Congress, through Office of Management and Budget, explanations when the Agency decides not to use available and applicable voluntary consensus standards. This action includes environmental monitoring and measurement as described in EPAs SMMP. EPA will not require the use of specific, prescribed analytic methods for monitoring and managing the ODMDS.
The Agency plans to allow the use of any method, whether it constitutes a voluntary consensus standard or not, that meets the monitoring and measurement criteria discussed in the SMMP.
k. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations Executive Order 12898 59 FR 7629
establishes Federal executive policy on environmental justice. Its main provision directs Federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States. EPA
determined that this rule will not have disproportionately high and adverse
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