Regulatory Flexibility Act Analysis for the Management Plan Review of the Channel Islands National Marine Sanctuary 10-Year Assessment

The NOAA Office of National Marine Sanctuaries (ONMS) has completed its 10-year assessment of the socioeconomic impacts of the 2009 amended regulations issued for the Channel Islands National Marine Sanctuary (CINMS), as referenced in NOAA's March 1, 2018 Federal Register Notice (Notice of Review, 83 FR 8812). In 2009, the Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration that the amended regulations would not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (RFA), 5 U.S.C. § 601 et seq. See Final Rule (74 FR 3216), Jan. 16, 2009; Proposed Rule (73 FR 16580), Mar. 28, 2008 (outlining factual bases for certification). Because the Department of Commerce issued this certification in 2009 for the amended regulations, ONMS was not required to conduct a 10-year review under Section 610 of the RFA, see 5 U.S.C. § 610(a). Nevertheless, ONMS has reviewed the 2009 amended regulations, received no comments on the review plan for these regulations in response to the March 1, 2018 Federal Register Notice, and determined that there are no changed circumstances or other factors that would suggest the regulations now have a significant impact on a substantial number of small entities or that the original RFA certification should otherwise be changed at this time.