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Federal Register / Vol. 86, No. 30 / Wednesday, February 17, 2021 / Rules and Regulations
Act, 44 U.S.C. 3501 et seq. Burden is defined at 5 CFR 1320.3b. This site modification does not require persons to obtain, maintain, retain, report, or publicly disclose information to or for a federal agency.
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. The EPA
determined that this action will not have a significant economic impact on small entities because the rule will only have the effect of modifying an existing site in order to allow ongoing disposal of dredged material in ocean waters.
After considering the economic impacts of this rule, the EPA certifies that this action will not have a significant economic impact on a substantial number of small entities.

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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
through 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 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.

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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 the EPA policy to promote communications between the EPA and State and local governments, the 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 HOODS 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. In addition, the depths of the modified HOODS approximately 150 to 200 feet generally exclude potential habitation or resources related to human settlements.
Thus, Executive Order 13175 does not apply to this action. Nevertheless, the EPA specifically solicited input from officials of 10 potentially interested tribal governments during both the scoping and public review phases of this action. EPA also extended government-to-government consultation offers to these 10 potentially affected tribes. The Tribal Historic Preservation Offices of three of them the Wiyot Tribe, the Blue Lake Rancheria, and the Bear River Band of the Rohnerville Rancheria requested further discussion concerning any potential for effects on cultural resources of concern. Based on those discussions, the tribes determined that the offshore location of the HOODS
expansion would not affect onshore cultural resources.
h. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks The 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

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because it does not establish an environmental standard 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 104
113, 12d 15 U.S.C. 272, directs the 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 the 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 the updated SMMP. The EPA will not require the use of specific, prescribed analytic methods for monitoring and managing the modified HOODS. 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. The
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