Plan for Periodic Review of Regulations, 45929-45930 [2019-18486]
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Federal Register / Vol. 84, No. 170 / Tuesday, September 3, 2019 / Proposed Rules
For the reasons set forth in the
preamble, 7 CFR part 3565 is proposed
to be amended as follows:
PART 3565—GUARANTEED RURAL
RENTAL HOUSING PROGRAM
1. The authority citation for part 3565
continues to read as follows:
■
Authority: 5 U.S.C. 301; 7 U.S.C 1989; 42
U.S.C. 1480.
Subpart B—Guarantee Requirements
2. Amend § 3565.53 introductory text
by adding a sentence at the end and
revising paragraphs (a) and (b) to read
as follows:
■
§ 3565.53
Guarantee fees.
* * * Changes to the initial and
annual guarantee fees will be
established by the Agency and will be
published in a Notice in the Federal
Register.
(a) Initial guarantee fee. The Agency
will establish and charge an initial
guarantee fee of up to one percent of the
guarantee amount. For purposes of
calculating this fee, the guarantee
amount is the product of the percentage
of the guarantee times the initial
principal amount of the guaranteed
loan.
(b) Annual guarantee fee. An annual
guarantee fee will be charged, as
established by the Agency, each year or
portion of a year that the guarantee is in
effect. This fee will be collected on
February 28, of each calendar year.
*
*
*
*
*
Bruce W. Lammers,
Administrator, Rural Housing Service.
[FR Doc. 2019–18773 Filed 8–30–19; 8:45 am]
BILLING CODE 3410–XV–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
15 CFR Part 922
Plan for Periodic Review of
Regulations
Office of National Marine
Sanctuaries (ONMS), National Ocean
Service (NOS), National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce (DOC).
ACTION: Notice of plan for periodic
review of regulations; request for
comments.
khammond on DSKBBV9HB2PROD with PROPOSALS
AGENCY:
Regulatory Flexibility Act
(RFA) section 610 requires that NOAA
Office of National Marine Sanctuaries
SUMMARY:
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17:08 Aug 30, 2019
Jkt 247001
(ONMS) periodically review existing
regulations that have a significant
economic impact on a substantial
number of small entities, such as small
businesses, small organizations, and
small governmental jurisdictions. The
RFA does not require agencies to
periodically review existing regulations
that were originally certified under RFA
section 605 as a rule that will not have
a significant economic impact on a
substantial number of small entities.
However, an agency may exercise its
discretion to review certified rules to
assess whether changed conditions may
mean that the existing rules now have
a significant economic impact on a
substantial number of small entities.
This plan describes how ONMS will
exercise its discretion to conduct this
assessment for specified rules certified
under RFA section 605 and describes
the regulations proposed for review in
2020.
DATES: Comments must be received on
or before October 3, 2019.
ADDRESSES: Comments may be
submitted by:
• Electronic Submission: Submit all
electronic public comments via the
Federal eRulemaking Portal. Go to
https://www.regulations.gov/
#!docketDetail;D=NOAA-NOS-20190086, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NOAA. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personally
identifiable information (for example,
name, address, etc.), confidential
business information, or otherwise
sensitive information submitted
voluntarily submitted by the commenter
will be publicly accessible. NOAA will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
FOR FURTHER INFORMATION CONTACT:
Meredith Walz, NOAA Office of
National Marine Sanctuaries, 1305 EastWest Highway, Silver Spring, MD
20910, Meredith.Walz@noaa.gov, or
240–355–0686.
SUPPLEMENTARY INFORMATION:
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
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45929
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 the regulation, if
promulgated, will not have a significant
economic impact on a substantial
number of small entities.
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
a substantial number of small entities. It
requires that ONMS publish a plan in
the Federal Register explaining how it
will review existing regulations that
have a significant economic impact on
a substantial number of small entities.
Regulations that have a significant
economic impact on a substantial
number of small entities that became
effective after January 1, 1981 must be
reviewed within 10 years of the
publication date of the final rule.
Section 610(c) requires that ONMS
publish in the Federal Register a list of
rules it will review during the
succeeding 12 months. The list must
describe, explain the need for, and
provide the legal basis for the rules, as
well as invite public comment on the
rules.
In addition, section 605 of the RFA
provides that if, when a rule is
promulgated, the head of an agency
certifies to the Small Business
Administration’s Chief Counsel for
Advocacy that a rule would not have a
significant economic impact on a
substantial number of small entities,
then initial and final regulatory
flexibility analyses do not need to be
prepared for the rule. Guidance on
implementing the requirements of RFA
section 610 indicates that agencies may
exercise their discretion to determine if
previously changed conditions may
mean that a certified rule now does have
a significant economic impact on a
substantial number of small entities
and, therefore, should be subject to a
full section 610 review. If there is
evidence that a previously certified rule
is now having a significant economic
impact on a substantial number of small
entities, then the Small Business
Administration recommends that the
agency should conduct a section 610
review of the rule.
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
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03SEP1
45930
Federal Register / Vol. 84, No. 170 / Tuesday, September 3, 2019 / Proposed Rules
small entities, consistent with the
objectives of other applicable statutes.
In deciding whether change is
necessary, RFA section 610(b)
establishes five factors that agencies will
consider in reviewing existing
regulations for which a regulatory
flexibility analysis was prepared:
(1) Whether the rule is still needed;
(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.
The assessment of certified rules may
further consider whether the existing
rules should be left unchanged, or
whether they should be revised or
rescinded to minimize significant
economic impacts on a substantial
number of small entities, consistent
with the objectives of other applicable
statutes.
khammond on DSKBBV9HB2PROD with PROPOSALS
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: https://
sanctuaries.noaa.gov/library/
alldocs.html.
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17:08 Aug 30, 2019
Jkt 247001
ONMS Regulation Requiring Review for
2020
ENVIRONMENTAL PROTECTION
AGENCY
Two rulemakings finalized in 2010
were certified under RFA section 605
and are being assessed by ONMS 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 therefore should be reviewed under
RFA section 610. The Chief Counsel for
Regulation of the Department of
Commerce certified to the Chief Counsel
for Advocacy of the Small Business
Administration (SBA) that these rules
would not have a significant economic
impact on a substantial number of small
entities. As a result, a regulatory
flexibility analysis was not required,
and none were prepared for the
following actions:
1. ‘‘Gray’s Reef National Marine
Sanctuary Spearfishing Regulations’’.
RIN 0648–AX37 (75 FR 7361; February
19, 2010). This final rule prohibited the
use of spearfishing gear in Gray’s Reef
National Marine Sanctuary (GRNMS or
sanctuary). Possession of spearfishing
gear is also prohibited except for vessels
passing through the sanctuary without
interruption. The final rule also
facilitated enforcement of an existing
prohibition against the use of
powerheads within the sanctuary.
2. ‘‘Florida Keys National Marine
Sanctuary Discharge Regulations.’’ RIN
0648–AX58 (75 FR 72655; November 26,
2010). This rule eliminated the
exemption that allowed discharges from
within the boundary of the sanctuary of
biodegradable effluent incidental to
vessel use and generated by marine
sanitation devices (MSDs) approved
under the Clean Water Act (CWA), and
required that MSDs be secured to
prevent discharges of treated and
untreated sewage.
ONMS invites comments on these
rules, and whether any conditions have
changed for any of these rules, or for
small business conducting activities in
these areas that would require ONMS to
conduct RFA section 610 review of
those regulations. ONMS will evaluate
comments on whether those rules now
have a significant impact and therefore
should be reviewed under RFA section
610. Unless we publish a notice stating
otherwise, ONMS will make any reports
available at https://sanctuaries.noaa.gov/
library/alldocs.html.
40 CFR Part 52
John Armor,
Director, Office of National Marine
Sanctuaries.
[FR Doc. 2019–18486 Filed 8–30–19; 8:45 am]
BILLING CODE 3510–NK–P
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[EPA–R10–OAR–2019–0403; FRL–9998–95–
Region 10]
Air Plan Approval: ID; Update to CRB
Fee Billing Procedures
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) proposes to approve state
implementation plan (SIP) revisions
submitted by the State of Idaho’s
Department of Environmental Quality
on June 5, 2019. The changes provide
Idaho Department of Environmental
Quality a more streamlined
administrative process and were based
on recommendation from Idaho’s Crop
Residue Advisory Committee.
Specifically, the revisions proposed for
approval in this action implement
changes to when fees for open burning
of crop residue are paid. We note that
this action does not address the other
revisions contained in Idaho’s June 5,
2019 submission. The remaining
portions of that submittal will be
addressed in separate, future actions.
DATES: Written comments must be
received on or before October 3, 2019.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R10–
OAR–2019–0403 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Randall Ruddick, EPA Region X, 1200
SUMMARY:
E:\FR\FM\03SEP1.SGM
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Agencies
[Federal Register Volume 84, Number 170 (Tuesday, September 3, 2019)]
[Proposed Rules]
[Pages 45929-45930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18486]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 922
Plan for Periodic Review of Regulations
AGENCY: Office of National Marine Sanctuaries (ONMS), National Ocean
Service (NOS), National Oceanic and Atmospheric Administration (NOAA),
Department of Commerce (DOC).
ACTION: Notice of plan for periodic review of regulations; request for
comments.
-----------------------------------------------------------------------
SUMMARY: Regulatory Flexibility Act (RFA) section 610 requires that
NOAA Office of National Marine Sanctuaries (ONMS) periodically review
existing regulations that have a significant economic impact on a
substantial number of small entities, such as small businesses, small
organizations, and small governmental jurisdictions. The RFA does not
require agencies to periodically review existing regulations that were
originally certified under RFA section 605 as a rule that will not have
a significant economic impact on a substantial number of small
entities. However, an agency may exercise its discretion to review
certified rules to assess whether changed conditions may mean that the
existing rules now have a significant economic impact on a substantial
number of small entities. This plan describes how ONMS will exercise
its discretion to conduct this assessment for specified rules certified
under RFA section 605 and describes the regulations proposed for review
in 2020.
DATES: Comments must be received on or before October 3, 2019.
ADDRESSES: Comments may be submitted by:
Electronic Submission: Submit all electronic public
comments via the Federal eRulemaking Portal. Go to https://www.regulations.gov/#!docketDetail;D=NOAA-NOS-2019-0086, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NOAA. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personally identifiable
information (for example, name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
submitted by the commenter will be publicly accessible. NOAA will
accept anonymous comments (enter ``N/A'' in the required fields if you
wish to remain anonymous).
FOR FURTHER INFORMATION CONTACT: Meredith Walz, NOAA Office of National
Marine Sanctuaries, 1305 East-West Highway, Silver Spring, MD 20910,
[email protected], or 240-355-0686.
SUPPLEMENTARY INFORMATION:
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 the
regulation, if promulgated, will not have a significant economic impact
on a substantial number of small entities.
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 a substantial number of small entities. It requires
that ONMS publish a plan in the Federal Register explaining how it will
review existing regulations that have a significant economic impact on
a substantial number of small entities. Regulations that have a
significant economic impact on a substantial number of small entities
that became effective after January 1, 1981 must be reviewed within 10
years of the publication date of the final rule. Section 610(c)
requires that ONMS publish in the Federal Register a list of rules it
will review during the succeeding 12 months. The list must describe,
explain the need for, and provide the legal basis for the rules, as
well as invite public comment on the rules.
In addition, section 605 of the RFA provides that if, when a rule
is promulgated, the head of an agency certifies to the Small Business
Administration's Chief Counsel for Advocacy that a rule would not have
a significant economic impact on a substantial number of small
entities, then initial and final regulatory flexibility analyses do not
need to be prepared for the rule. Guidance on implementing the
requirements of RFA section 610 indicates that agencies may exercise
their discretion to determine if previously changed conditions may mean
that a certified rule now does have a significant economic impact on a
substantial number of small entities and, therefore, should be subject
to a full section 610 review. If there is evidence that a previously
certified rule is now having a significant economic impact on a
substantial number of small entities, then the Small Business
Administration recommends that the agency should conduct a section 610
review of the rule.
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
[[Page 45930]]
small entities, consistent with the objectives of other applicable
statutes. In deciding whether change is necessary, RFA section 610(b)
establishes five factors that agencies will consider in reviewing
existing regulations for which a regulatory flexibility analysis was
prepared:
(1) Whether the rule is still needed;
(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.
The assessment of certified rules may further consider whether the
existing rules should be left unchanged, or whether they should be
revised or rescinded to minimize significant economic impacts on a
substantial number of small entities, consistent with the objectives of
other applicable statutes.
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: https://sanctuaries.noaa.gov/library/alldocs.html.
ONMS Regulation Requiring Review for 2020
Two rulemakings finalized in 2010 were certified under RFA section
605 and are being assessed by ONMS 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 therefore
should be reviewed under RFA section 610. The Chief Counsel for
Regulation of the Department of Commerce certified to the Chief Counsel
for Advocacy of the Small Business Administration (SBA) that these
rules would not have a significant economic impact on a substantial
number of small entities. As a result, a regulatory flexibility
analysis was not required, and none were prepared for the following
actions:
1. ``Gray's Reef National Marine Sanctuary Spearfishing
Regulations''. RIN 0648-AX37 (75 FR 7361; February 19, 2010). This
final rule prohibited the use of spearfishing gear in Gray's Reef
National Marine Sanctuary (GRNMS or sanctuary). Possession of
spearfishing gear is also prohibited except for vessels passing through
the sanctuary without interruption. The final rule also facilitated
enforcement of an existing prohibition against the use of powerheads
within the sanctuary.
2. ``Florida Keys National Marine Sanctuary Discharge
Regulations.'' RIN 0648-AX58 (75 FR 72655; November 26, 2010). This
rule eliminated the exemption that allowed discharges from within the
boundary of the sanctuary of biodegradable effluent incidental to
vessel use and generated by marine sanitation devices (MSDs) approved
under the Clean Water Act (CWA), and required that MSDs be secured to
prevent discharges of treated and untreated sewage.
ONMS invites comments on these rules, and whether any conditions
have changed for any of these rules, or for small business conducting
activities in these areas that would require ONMS to conduct RFA
section 610 review of those regulations. ONMS will evaluate comments on
whether those rules now have a significant impact and therefore should
be reviewed under RFA section 610. Unless we publish a notice stating
otherwise, ONMS will make any reports available at https://sanctuaries.noaa.gov/library/alldocs.html.
John Armor,
Director, Office of National Marine Sanctuaries.
[FR Doc. 2019-18486 Filed 8-30-19; 8:45 am]
BILLING CODE 3510-NK-P