Regulatory Flexibility Analysis for the Joint Management Plan Review of Monterey Bay, Greater Farallones, and Cordell Bank National Marine Sanctuaries 10-year Review

The NOAA Office of National Marine Sanctuaries (ONMS) is currently finalizing its assessment and report on the socioeconomic impacts of the amended regulations issued for the Monterey Bay, Gulf of the Farallones (now Greater Farallones), and Cordell Bank national marine sanctuaries (MBNMS, GFNMS, and CBNMS, respectively), as referenced in NOAA's March 1, 2018 Federal Register Notice (Notice of Review, 83 FR 8812). In 2008, the Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration that the 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 (73 FR 70488, 70529), Nov. 20, 2008; Proposed Rules (71 FR 59338; 71 FR 59039; 71 FR 59050), Oct. 6, 2006 (outlining factual bases for certification). Because this certification was issued 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), but ONMS exercised its discretion to assess whether there are changed conditions that would indicate the regulations may now have a significant impact on a substantial number of small entities, and accordingly, whether the regulations should be revised or rescinded, consistent with the objectives of other applicable statutes. The preliminary determination of ONMS is that there are no changed circumstances or other factors that would suggest the regulations at issue 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. However, to ensure a full and adequate consideration of recently-filed public comments, ONMS is postponing the publication of its final report to fully consider the issues raised in the comments. The final report will be posted on this website shortly.