Federal Register / Vol. 75, No. 219 / Monday, November 15, 2010 / Notices 69633 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XV57 

Marine Mammals; File No. 15206 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of permit. 

SUMMARY: Notice is hereby given that 

Sea World, LLC, 9205 South Park Center 

Loop, Suite 400, Orlando, FL 32819 

[Brad Andrews, Responsible Party] has 

been issued a permit to import one 

beluga whale (Delphinapterus leucas) 

for public display. 

ADDRESSES: The permit and related 

documents are available for review 

upon written request or by appointment 

in the following office(s): 

Permits, Conservation and Education 

Division, Office of Protected Resources, 

NMFS, 1315 East-West Highway, Room 

13705, Silver Spring, MD 20910; phone 

(301) 713–2289; fax (301) 713–0376; and 

Southeast Region, NMFS, 263 13th 

Avenue South, Saint Petersburg, FL 

33701; phone (727) 824–5312; fax 

(727) 824–5309. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Skidmore or Laura Morse, 

(301)713–2289. 

SUPPLEMENTARY INFORMATION: On March 

31, 2010, notice was published in the 

Federal Register (73 FR 29111) that a 

request for a public display permit to 

import one male adult beluga whale 

from the Vancouver Aquarium Marine 

Science Center, British Columbia, 

Canada to Sea World of Texas, had been 

submitted by the above-named 

organization. The requested permit has 

been issued under the authority of the 

Marine Mammal Protection Act of 1972, 

as amended (16 U.S.C. 1361 et seq.), the 

regulations governing the taking and 

importing of marine mammals (50 CFR 

part 216). 

In compliance with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.), a final 

determination has been made that the 

activity proposed is categorically 

excluded from the requirement to 

prepare an environmental assessment or 

environmental impact statement. 

Dated: November 5, 2010. 

Tammy C. Adams, 

Acting Chief, Permits, Conservation and 

Education Division, Office of Protected 

Resources, National Marine Fisheries Service. 

[FR Doc. 2010–28697 Filed 11–12–10; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XA012 

Plan for Periodic Review of 

Regulations 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; request for comments. 

SUMMARY: The Regulatory Flexibility Act 

(RFA) requires that the National Marine 

Fisheries Service (NMFS) 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. This plan describes how 

NMFS will perform this review and 

describes the regulations that are being 

proposed for review during the current 

review-cycle. 

DATES: Written comments must be 

received by NMFS by December 15, 

2010. 

ADDRESSES: You may submit comments 

on the plan for periodic review of 

regulations identified by 0648–XA012 

by any of the following methods: 

• Electronic submissions: E-mail 

Susan Carrillo or Michelle McGregor at 

610review@noaa.gov. 

• Mail: Susan Carrillo, National 

Marine Fisheries Service, NOAA, Office 

of Sustainable Fisheries, 1315 East-West 

Highway, Silver Spring, MD 20910 

(mark outside of envelope ‘‘Comments 

on 610 review’’). 

FOR FURTHER INFORMATION CONTACT: 

Susan Carrillo, (301) 713–2341 for 

questions on rules under 

SUPPLEMENTARY INFORMATION section 

listed in items 1 through 22 or items 26 

through 36, and contact Michelle 

McGregor, (301) 713–2319 for questions 

on rules under SUPPLEMENTARY

INFORMATION section listed in items 14 

and 22 through 25. 

SUPPLEMENTARY INFORMATION: 

Background 

The RFA, 5 U.S.C. 601, requires that 

Federal agencies take into account how 

their regulations affect ‘‘small entities,’’ 

including small businesses, small 

Governmental jurisdictions and small 

organizations. 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. Section 602 

requires that NMFS issue an Agenda of 

Regulations identifying rules the 

Agency is developing that are likely to 

have a significant economic impact on 

a substantial number of small entities. 

Section 610 of the RFA requires 

Federal agencies to review existing 

regulations. It requires that NMFS 

publish a plan in the Federal Register 

explaining how it will review those of 

its existing regulations which have or 

will have a significant economic impact 

on a substantial number of small 

entities. Regulations in effect on January 

1, 1981 were to be reviewed within ten 

years of that date. Regulations that 

become effective after January 1, 1981 

must be reviewed within ten years of 

the publication date of the final rule. 

Section 610(c) requires that NMFS 

publish annually in the Federal Register 

a list of rules it will review during the 

succeeding 12 months. The list must 

describe the rule, explain the need for 

it, give the legal basis for it, and invite 

public comment. 

Criteria for Review of Existing 

Regulations 

The purpose of the 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. 

In deciding whether change is 

necessary, the RFA establishes several 

factors that NMFS will consider: 

(1) Whether the rule is still needed; 

(2) What type of complaints or 

comments were received concerning the 

rule from the public; 

(3) The complexity of 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. 

Plan for Periodic Review of Rules 

NMFS 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 ten 

years of the year in which they were 

originally issued. This year, NMFS will 

review all such rules issued during 2001 

and 2002. 

The 2001–02 rules that NMFS will 

review by December 31, 2010 under the 


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