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Federal Register / Vol. 86, No. 122 / Tuesday, June 29, 2021 / Proposed Rules
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 SUMMARY: The Regulatory Flexibility Act a substantial number of small entities. It RFA requires that NOAAs Office of requires that ONMS publish a plan in National Marine Sanctuaries ONMS
the Federal Register explaining how it periodically review existing regulations will review existing regulations that that have a significant economic impact have a significant economic impact on on a substantial number of small a substantial number of small entities.
entities, such as small businesses, small Regulations that have a significant organizations, and small governmental economic impact on a substantial jurisdictions. This plan describes how number of small entities that became ONMS will perform this review and effective after January 1, 1981, must be describes the regulations proposed for reviewed within 10 years of the review in fiscal year 2022.
publication date of the final rule.
DATES: Comments must be received on Section 610c requires that ONMS
or before July 29, 2021.
publish in the Federal Register a list of ADDRESSES: Comments may be rules it will review during the submitted by:
succeeding 12 months. The list must Electronic Submission: Submit all describe, explain the need for, and electronic public comments via the provide the legal basis for the rules, as Federal eRulemaking Portal. Go to well as invite public comment on the http www.regulations.gov, and search rules.
for docket NOAANOS20210047, In addition, section 605 of the RFA, click the Comment Now! icon, 5 U.S.C. 605, provides that if, when a complete the required fields, and enter rule is proposed or finalized, the head or attach your comments.
Instructions: Comments sent by any of an agency certifies to the Small other method, to any other address or Business Administrations Chief individual, or received after the end of Counsel for Advocacy that the rule the comment period, may not be would not have a significant economic considered by NOAA. All comments impact on a substantial number of small received are a part of the public record entities, then initial and final regulatory and will generally be posted for public flexibility analyses do not need to be viewing on www.regulations.gov prepared for the rule. The Small without change. All personally Business Administrations guidance on identifiable information for example, implementing the requirements of RFA
name, address, etc., confidential section 610 indicates that agencies may business information, or otherwise exercise their discretion to determine if sensitive information submitted previously changed conditions may voluntarily submitted by the commenter mean that a certified rule now does have will be publicly accessible. NOAA will a significant economic impact on a accept anonymous comments enter N/ substantial number of small entities A in the required fields if you wish to and, therefore, should be subject to a remain anonymous.
full section 610 review. If there is FOR FURTHER INFORMATION CONTACT:
evidence that a previously certified rule Meredith Walz, NOAA Office of is now having a significant economic National Marine Sanctuaries, 1305 East impact on a substantial number of small West Highway, Silver Spring, MD
entities, then the Small Business 20910, meredith.walz@noaa.gov, or Administration recommends that the 2405330686.
agency should conduct a section 610
SUPPLEMENTARY INFORMATION:
review of the rule.
Notice of plan for periodic review of regulations; request for comments.

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ACTION:

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.

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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 610b requires agencies to consider five factors when conducting this review:
1 Whether the rule is still needed;

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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 Grays Reef National Marine Sanctuary. RIN 0648
AV88 76 FR 63824; October 14, 2011.
This final rule created an 8.27 squaremile research area within the southern portion of Grays 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
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