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15194 Federal Register/Vol. 81, No. 55/Tuesday, March 22, 2016/Proposed Rules
<br />environment, public health or safety, or
<br />State, local or tribal governments or
<br />communities.
<br />(4) This rule does not alter the
<br />budgetary effects of existing
<br />entitlements, grants, user fees, or loan
<br />programs or the rights or obligations of
<br />their recipients.
<br />(5) This rule does not raise novel legal
<br />or policy issues arising out of legal
<br />mandates, the President's priorities, or
<br />the principles set forth in E.O. 12866.
<br />Improving Regulation and Regulatory
<br />Review (E.O. 13563)
<br />Executive Order 13563 reaffirms the
<br />principles of E.O. 12866 while calling
<br />for improvements in the nation's
<br />regulatory system to promote
<br />predictability, reduce uncertainty, and
<br />use the best, most innovative, and least
<br />burdensome tools for achieving
<br />regulatory ends. The executive order
<br />directs agencies to consider regulatory
<br />approaches that reduce burdens and
<br />maintain flexibility and freedom of
<br />choice for the public where these
<br />approaches are relevant, feasible, and
<br />consistent with regulatory objectives.
<br />E.O. 13563 emphasizes further that
<br />regulations must be based on the best
<br />available science and that the
<br />rulemaking process must allow for
<br />public participation and an open
<br />exchange of ideas. BOEM has developed
<br />this rule in a manner consistent with
<br />these requirements.
<br />Regulatory Flexibility Act (RFA)
<br />BOEM certifies this proposed rule
<br />would not have a significant economic
<br />effect on a substantial number of small
<br />entities under the RFA (5 U.S.C. 601 et
<br />seq.). A Regulatory Flexibility Analysis
<br />is not required. Small public entities
<br />affected by this rulemaking may be
<br />cities, counties, towns, townships,
<br />villages or special districts, with a
<br />population of less than 50,000. Small
<br />entities are occasionally parties to an
<br />agreement for the use of OCS sand,
<br />gravel and shell resources. Over the last
<br />two decades, BOEM has issued nearly
<br />50 leases or MOAs with 22 parties, of
<br />which 5 were small public entities. Four
<br />out of the 5 small public entities
<br />received significant Federal cost -shares
<br />to conduct beach nourishment projects.
<br />The proposed application and
<br />monitoring requirements. are necessary
<br />to comply with Federal law and provide
<br />BOEM and the public the best
<br />information on the changes in the sand
<br />borrow areas. Since BOEM is not
<br />proposing any material changes to the
<br />longstanding requirements for
<br />borrowing OCS sand, gravel and shell
<br />resources, this rulemaking will not have
<br />a substantial effect on small entities.
<br />The Small Business and Agriculture
<br />Regulatory Enforcement Ombudsman
<br />and 10 Regional Fairness Boards were
<br />established to receive comments from
<br />small businesses about Federal agency
<br />enforcement actions. The Ombudsman
<br />will annually evaluate the enforcement
<br />activities and rate each agency's
<br />responsiveness to small business. If you
<br />wish to comment on the actions of
<br />BOEM enforcement activities, you may
<br />call 1-888-734-3247. You may
<br />comment to the Small Business
<br />Administration without fear of
<br />retaliation. Allegations of
<br />discrimination/retaliation filed with the
<br />Small Business Administration will be
<br />investigated for appropriate action.
<br />Small Business Regulatory Enforcement
<br />Fairness Act (SBREFA)
<br />This proposed rule is not a major rule
<br />under the SBREFA (5 U.S.C. 804(2)).
<br />This proposed rule:
<br />(a) Would not have an annual effect
<br />on the economy of $100 million or
<br />more;
<br />(b) Would not cause a major increase
<br />in costs or prices for consumers,
<br />individual industries, Federal, State, or
<br />local government agencies, or
<br />geoaphic regions; and,
<br />(cWould not have significant adverse
<br />effects on competition, employment,
<br />investment, productivity, innovation, or
<br />the ability of U.S.-based enterprises to
<br />compete with foreign-based enterprises.
<br />Unfunded Mandates Reform Act
<br />This proposed rule would not impose
<br />an unfunded mandate on Staie, local, or
<br />tribal governments or the private sector
<br />of more than $100 million per year. A
<br />statement containing the information
<br />required by Unfunded Mandates Reform
<br />Act (2 U.S.C. 1501 et seq.) is not
<br />required.
<br />Takings Implication Assessment (E.O.
<br />12630)
<br />Under the criteria in E.O. 12630, this
<br />proposed rule would not have
<br />significant takings implications. The
<br />proposed rule is not a governmental
<br />action capable of interference with
<br />constitutionally protected property
<br />rights. A Takings Implication
<br />Assessment is not required.
<br />Federalism (E.O. 13132)
<br />Under the criteria in E.O. 13132, this
<br />proposed rule would not have sufficient
<br />federalism implications to warrant the
<br />preparation of a Federalism Assessment.
<br />This proposed rule would not
<br />substantially and directly affect the
<br />relationship between the Federal and
<br />State and local governments. To the
<br />extent that State and local governments
<br />have a role in OCS activities, this
<br />proposed rule would not affect that role
<br />A Federalism Assessment is not
<br />required.
<br />Civil Justice Reform (E.O. 12988)
<br />This rule would comply with the
<br />requirements of E.O. 12988.
<br />Specifically, this rule would:
<br />(a) Meet the criteria of section 3(a)
<br />requiring that all regulations be
<br />reviewed to eliminate errors and
<br />ambiguity and be written to minimize
<br />litigation; and,
<br />(b) Meet the criteria of section 3(b)(2)
<br />requiring that all regulations be written
<br />in clear language and contain clear legal
<br />standards.
<br />Consultation With Indian Tribes (E O.
<br />13175)
<br />The U.S. Department of the Interior
<br />(DOI) strives to strengthen its
<br />government -to -government relationship
<br />with Indian tribes through a
<br />commitment to consultation with Indian
<br />tribes and recognition of their right to
<br />self governance and tribal sovereignty.
<br />BOEM's Tribal Liaison Officer has
<br />certified that this regulation does not
<br />have tribal implications as defined in
<br />section 1(a) of E.O. 13175 and has
<br />determined that the regulation.does not
<br />have substantial and direct effects on
<br />Federally recognized tribes or any
<br />Alaska Native Corporation established
<br />pursuant to the Alaska Native Claims
<br />Settlement Act (ANCSA), 43 U.S.C.
<br />1601 et seq.
<br />As it relates to any Federally
<br />recognized Indian tribe, this proposed
<br />rule merely formalizes existing policies
<br />and procedures that govern the use of
<br />OCS sand, gravel and shell resources.
<br />The existing policies, procedures,
<br />consultations and monitoring
<br />requirements for the noncompetitive use
<br />of sand, gravel and shell resources are
<br />longstanding and have remained
<br />relatively consistent for two decades. If
<br />BOEM determines an individual project -
<br />authorized under this part may -have
<br />effects on Federally recognized tribes or
<br />any Alaska Native Corporation, BOEM
<br />will initiate consultation.as soon as
<br />possible consistent with E.O. 13175 and
<br />DOI tribal consultation policies. A tribe
<br />may also.request BOEM initiate
<br />consultation pursuant to E.O. 13175.
<br />Paperwork Reduction Act (PRA) of 1995
<br />This proposed rule contains a new
<br />collection of information request that is
<br />being submitted to OMB for review and
<br />approval under 44 U.S.C. 3501 et seq.
<br />The rule proposes to add a new part 583
<br />to address the use of OCS sand, gravel
<br />and shell resources for shore protection
<br />or replenishment, wetland restoration,
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