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Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Rules and Regulations
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wholesale trade entities with fewer than 100 employees, and retail and service businesses with less than $5 million in annual sales. In general, the term significant economic impact is meant to apply to a typical small business firms business operations.
This rule will not have a significant economic impact on a substantial number of small entities as defined under the RFA. This rule is an administrative action to remove the textual descriptions from critical habitat designations at 50 CFR 17.96a that have maps sufficient to stand as the official delineation of critical habitat.
This action does not increase, decrease, or in any other way alter the areas or boundaries of the critical habitat designations from which we are removing the textual descriptions of boundaries.
This action will save taxpayer resources. The Service spent approximately $75,500 to reprint the critical habitat designations at 50 CFR
17.96 for the most-recent print edition of the CFR. Based on a review of the print edition of the CFR, we estimate that this rule will remove approximately 179 pages of the relevant CFR volume, amounting to a savings of approximately $14,320 per year in printing costs for the Service. While over many years, eliminating the need to reprint Universal Transverse Mercator UTM
coordinate pairs and other textual descriptions at 50 CFR 17.96 will result in a considerable cumulative cost savings to the Service and the public as a whole, this rule will result in only a small annual savings to the Service and the public.
Therefore, for the reasons above, we certify that this rule will not have a significant economic impact on a substantial number of small entities.
Unfunded Mandates Reform Act 2
U.S.C. 1501 et seq.
In accordance with the Unfunded Mandates Reform Act 2 U.S.C. 1501 et seq., the Services make the following findings:
a. This rule will not produce a Federal mandate. In general, a Federal mandate is a provision in legislation, statute, or regulation that would impose an enforceable duty upon State, local, or Tribal governments, or the private sector and includes both Federal intergovernmental mandates and Federal private sector mandates.
These terms are defined in 2 U.S.C.
65857. Federal intergovernmental mandate includes a regulation that would impose an enforceable duty upon State, local, or tribal governments with two exceptions: 1 A condition of
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Federal assistance or 2 a duty arising from participation in a voluntary Federal program, unless the regulation relates to a then-existing Federal program under which $500,000,000 or more is provided annually to State, local, and tribal governments under entitlement authority; the provision would either increase the stringency of conditions of assistance or place caps upon, or otherwise decrease, the Federal Governments responsibility to provide funding; and the State, local, or Tribal governments lack authority . . . to amend their financial or programmatic responsibilities to continue providing required services. At the time of enactment, these entitlement programs were: Medicaid; AFDC work programs;
Child Nutrition; Food Stamps; Social Services Block Grants; Vocational Rehabilitation State Grants; Foster Care, Adoption Assistance, and Independent Living; Family Support Welfare Services; and Child Support Enforcement. Federal private sector mandate includes a regulation that would impose an enforceable duty upon the private sector, except i a condition of Federal assistance or ii a duty arising from participation in a voluntary Federal program. This rule does not produce a Federal mandate under either of these definitions.
b. This rule will not significantly or uniquely affect small governments, because the revisions to the regulations in this rule should make our critical habitat designations more user-friendly and will make the process more costeffective for the Service and the public as a whole. As such, we do not believe that a Small Government Agency Plan is required.
TakingsExecutive Order 12630
In accordance with Executive Order 12630 Government Actions and Interference with Constitutionally Protected Private Property Rights, we have evaluated this rule, and we have determined that this rule does not pose significant takings implications. The revisions to the regulations set forth in this rule do not involve individual property rights.
FederalismExecutive Order 13132
In accordance with Executive Order 13132 Federalism, the rule does not have significant Federalism effects. A
federalism summary impact statement is not required. The revisions to the regulations addressed in this rule are intended to promote the usability of the regulations and make the process of designating critical habitat more costeffective, and thus should not significantly affect or burden the
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authority of the States to govern themselves.
Civil Justice ReformExecutive Order 12988
In accordance with Executive Order 12988 Civil Justice Reform, this rule follows the Civil Justice Reform principles for regulations that do not unduly burden the Federal judicial system, by meeting the requirements of sections 3a and 3b of the Executive Order. The revisions to the regulations addressed in this rule should not significantly affect or burden the judicial system.
Paperwork Reduction Act of 1995
This rule does not contain any new collections of information that require approval by the Office of Management and Budget OMB under the Paperwork Reduction Act 44 U.S.C. 3501 et seq..
An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.
National Environmental Policy Act NEPA
We analyzed this rule in accordance with the criteria of the National Environmental Policy Act of 1969
NEPA 42 U.S.C. 4321 et seq., 43 CFR
part 46, and 516 Departmental Manual DM 2 and 8.
A categorical exclusion from NEPA
documentation applies to policies, directives, regulations, and guidelines that are of an administrative, financial, legal, technical, or procedural nature 43 CFR 46.210i. This rule falls within this categorical exclusion because it is administrative and technical in nature it affects only the format in which the critical habitat boundaries are delineated in the regulations. However, even if an individual Federal action falls within a categorical exclusion, the Service must still prepare environmental documents pursuant to NEPA if one of the 12 exceptions listed in 43 CFR 46.215 applies.
We have reviewed each of the 12
exceptions and have found that because this rule is administrative in nature, none of the exceptions apply. Although the exception at 43 CFR 46.215h applies to actions that have a significant impact on listed species or designated critical habitat, this action will not have any such significant impact, because it is administrative in nature and affects only the format in which critical habitat boundaries are delineated and not the substance of the critical habitat designations. Therefore, this action meets the requirements for a
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