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Federal Register / Vol. 86, No. 185 / Tuesday, September 28, 2021 / Proposed Rules activities or other ocean-based recreational entities operating near the time-area closures from implementation of this proposed action relative to all other general wildlife viewing tour operators. As a result, dolphin-watch tour entities may face disproportionate impacts relative to the generalized commercial boat tour companies, which are likely to incur few direct economic impacts from the proposed action. We note that dolphin watch tour entities are all believed to be small entities, and most of the generalized commercial boat tour companies are as well, although a few might be considered large entities with revenues exceeding $8.0 million.
NMFS considered Alternative 1, the No Action Alternative, in addition to Alternative 4, the mandatory time-area closures. Alternative 4 would result in a slightly higher direct economic impact to individual small entities and the dolphin-viewing industry as a whole, relative to the proposed action compared to the No Action Alternative, but Alternative 4 would also offer more protection to spinner dolphins in specific resting habitat. NMFS has determined that the final action meets the goals and objective of reducing human-caused disturbances that Hawaiian spinner dolphins are facing in their natural habitat, and will help protect against declines in the fitness of the population over time.
No additional reporting, record keeping, and other compliance requirements are anticipated for small businesses. NMFS has identified no Federal rules that may duplicate, overlap, or conflict with the action alternatives.
Executive Order 12866, Regulatory Planning and Review This rule was determined to be not significant for purposes of E.O. 12866.
Paperwork Reduction Act The purpose of the Paperwork Reduction Act is to minimize the paperwork burden for individuals, small businesses, educational and nonprofit institutions, and other persons resulting from the collection of information by or for the Federal Government. The proposed regulation includes no new collection of information, so further analysis is not required.
National Historic Preservation Act NHPA
The goal of the National Historical Preservation Act NHPA; 16 U.S.C. 470
et seq. is to have Federal agencies act as responsible stewards of our nations resources when their actions affect historic properties. Section 106 of the
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NHPA requires Federal agencies to take into account the effects of undertakings they carry out, assist, fund, or permit on historic properties. Federal agencies meet this requirement by completing the section 106 process set forth in the implementing regulations, Protection of Historic Properties, 36 CFR part 800.
The goal of the section 106 process is to identify and consider historic properties or sites eligible for listing that might be affected by an undertaking, and to attempt to resolve any adverse effects through consultation. The process provides for participation by State Historic Preservation Officers, Tribal Historic Preservation Officers, tribal, state and local governments, Indian tribes and Native Hawaiian organizations, applicants for Federal assistance, permits, or licenses, representatives from interested organizations, private citizens, and other members of the public. Federal agencies and consulting parties strive to reach agreement on measures to avoid, minimize, and mitigate adverse effects on historic properties and to find a balance between project goals and preservation objectives.
Under the NHPA, an effect means an alteration to the characteristics of a historic property qualifying it for inclusion or eligibility for the National Register. In April 2012, NMFS sent a letter to the Hawaii State Historic Preservation Division SHPD describing the undertaking and requested assistance in identifying organizations that may have an interest in preserving any historic properties that may occur in the time-area closures. In July and August 2012, NMFS held scoping meetings on Hawaii Island and Maui to determine if historic or cultural properties may be affected by the proposed regulation. In 2013, NMFS
conducted interviews with 15
individuals from three lineal descendants from each of the five bays identified for time-area closures to assist in providing additional information about historic properties or practices that may be affected by the proposed action. By letter to the Hawaii State Historic Preservation Division dated June 7, 2021, NMFS has determined that this undertaking constitutes a finding of no historic properties affected 36 CFR
800.4d1. NMFS has requested review and concurrence with SHPD for our determination for the undertaking to establish time-area closures at essential daytime habitats for Hawaiian spinner dolphins. NMFS invites public comment on this determination.

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Coastal Zone Management Act Section 307c1 of the Federal Coastal Zone Management Act of 1972
requires that all Federal activities that affect any land or water use or natural resource of the coastal zone be consistent with approved state coastal zone management programs to the maximum extent practicable. We have determined that these proposed timearea closures are consistent to the maximum extent practicable with the enforceable policies of the approved Coastal Zone Management Program of Hawaii. This determination, a copy of this document, and the EIS will be submitted for review by the Hawaii Coastal Zone Management Program.
Executive Order 13132, Federalism E.O. 13132 requires agencies to take into account any federalism impacts of regulations under development. It includes specific consultation directives for situations in which a regulation may preempt state law or impose substantial direct compliance costs on state and local governments unless required by statute. As described in a May 13, 2020
letter NMFS received from the State of Hawaii DLNR, the State supports implementing time-area closures in the 5 sites, as described in the FEIS, to increase protection of Hawaiian spinner dolphins from harassment and disturbance pursuant to the MMPA.
NMFS has determined that the proposed time-area closures regulation does not have federalism implications.
Information Quality Act IQA
Pursuant to Section 515 of Public Law 106554 the Information Quality Act, this information product has undergone a pre-dissemination review by NMFS.
The signed Pre-dissemination Review and Documentation Form is on file with the NMFS Pacific Islands Regional Office see FOR FURTHER INFORMATION
CONTACT.
List of Subjects in 50 CFR Part 216
Administrative practice and procedure, Marine mammals.
Dated: September 20, 2021.
Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

For the reasons set out in the preamble, 50 CFR part 216, as amended elsewhere in this issue of the Federal Register, effective October 28, 2021, is proposed to be amended as follows:

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