Federal Register / Vol. 79, No. 169 / Tuesday, September 2, 2014 / Rules and Regulations 51913 

equipped with N100 (if oil aerosols 

absent), R100, or P100 filters; 

(B) NIOSH-certified air-purifying, 

tight-fitting full-face respirator equipped 

with N100 (if oil aerosols absent), R100, 

or P100 filters; 

(C) NIOSH-certified powered airpurifying respirator equipped with a 

loose- fitting hood or helmet and high 

efficiency particulate air (HEPA) filters; 

(D) NIOSH-certified powered airpurifying respirator equipped with a 

tight-fitting facepiece (either half-face or 

full-face) and HEPA filters; and 

(E) NIOSH-certified supplied-air 

respirator operated in pressure demand 

or continuous flow mode and equipped 

with a hood or helmet, or tight-fitting 

facepiece (either half-face or full-face). 

(ii) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(o). 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph (b). 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a), (b), (c), (d), and (i) are 

applicable to manufacturers and 

processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

[FR Doc. 2014–20783 Filed 8–29–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2014–0589; FRL–9916–04– 

Region–9] 

Finding of Failure To Submit a 

Prevention of Significant Deterioration 

State Implementation Plan Revision for 

Particulate Matter Less Than 2.5 

Micrometers (PM2.5); California; North 

Coast Air Quality Management District 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finding that the North 

Coast Air Quality Management District 

(NCAQMD or District), located in 

California, has not made a necessary 

Prevention of Significant Deterioration 

(PSD) State Implementation Plan (SIP) 

submission to address the PSD 

permitting of PM2.5 emissions, as 

required by the Clean Air Act (CAA). 

Specifically, the EPA is determining 

that NCAQMD has not submitted a SIP 

revision to address the PM2.5 PSD 

increments and implementing 

regulations as promulgated by EPA on 

October 20, 2010. The deadline for the 

District to make the required submittal 

was July 20, 2012. The CAA requires 

EPA to promulgate a Federal 

Implementation Plan (FIP) to address 

the outstanding PSD SIP elements by no 

later than 24 months after the effective 

date of this finding. EPA is making this 

finding in accordance with section 110 

and part C of the CAA. 

DATES: The effective date of this rule is 

October 2, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Laura Yannayon, Air Division (Air-3), 

Environmental Protection Agency, 

Region 9, 75 Hawthorne St, San 

Francisco, CA 94105. By phone at (415) 

972–3534 or by email at 

yannayon.laura@epa.gov. 

SUPPLEMENTARY INFORMATION: Section 

553 of the Administrative Procedures 

Act (APA), 5 U.S.C. 553(b)(B), provides 

that, when an agency for good cause 

finds that notice and public procedure 

are impracticable, unnecessary, or 

contrary to the public interest, the 

agency may issue a rule without 

providing notice and an opportunity for 

public comment. The EPA has 

determined that there is good cause for 

making this rule final without prior 

proposal and opportunity for comment 

because no significant EPA judgment is 

involved in making a finding of failure 

to submit SIPs, or elements of SIPs, 

required by the CAA, where states have 

made no submissions to meet the 

requirement. No additional fact 

gathering is necessary. Thus, notice and 

public procedure are unnecessary. 

Furthermore, providing notice and 

comment would be impracticable 

because of the limited time provided 

under the CAA for making such 

determinations. EPA believes that 

because of the limited time provided to 

make findings of failure to submit 

regarding SIP submissions, Congress did 

not intend such findings to be subject to 

notice-and-comment rulemaking. 

Finally, notice and comment would be 

contrary to the public interest because it 

would divert Agency resources from the 

critical substantive review of submitted 

SIPs. See 58 FR 51270, 51272, note 17 

(October 1, 1993); 59 FR 39832, 39853 

(August 4, 1994). The EPA finds that 

these constitute good cause under 5 

U.S.C. 553(b)(B). 

Throughout this document wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

the EPA. 

Table of Contents 

I. Background and Overview 

A. Overview of Relevant PM NAAQS 

Requirements 

B. Revisions to the PSD Program to 

Implement the PM NAAQS 

II. Finding of Failure to Submit 

III. Statutory and Executive Order Reviews 

I. Background and Overview 

A. Overview of Relevant PM NAAQS 

Requirements 

The EPA initially established National 

Ambient Air Quality Standards 

(NAAQS) for particulate matter (PM) 

under section 109 of the CAA in 1971. 

Since then, the EPA has made a number 

of changes to these standards to reflect 

continually expanding scientific 

information. The history of the PM2.5

NAAQS is briefly summarized below. 

• In July 1997, new PM NAAQS were 

added, using PM2.5 as the indicator for 

fine particles. The EPA’s PM10 standards 

were retained for the purpose of 

regulating the coarse fraction of PM10. 

The EPA established two new PM2.5

standards: an annual standard of 15 mg/ 

m3, based on the 3-year average of 

annual arithmetic mean PM2.5

concentrations from single or multiple 

monitors sited to represented 

community-wide air quality and a 24- 

hour standard of 65 mg/m3, based on the 

3-year average of the 98th percentile of 

24-hour PM2.5 concentrations at each 

population-oriented monitor within the 

area. 

• On October 17, 2006, the EPA 

promulgated revisions to the NAAQS 

for PM2.5 and PM10 with an effective 

date of December 18, 2006 (71 FR 

61144). We lowered the 24-hour 

NAAQS for PM2.5 from 65 mg/m3 to 35 

mg/m3, and retained the existing annual 

PM2.5 NAAQS of 15 mg/m3. In addition, 

we retained the existing PM10 24-hour 

NAAQS of 150 mg/m3, and revoked the 

annual PM10 NAAQS (set at 50 mg/m3). 

• On January 15, 2013, the EPA 

promulgated revisions to the NAAQS 

for PM2.5 and PM10 with an effective 

date of March 18, 2013 (78 FR 3086). We 

lowered the annual standard for PM2.5 to 

12 mg/m3 and retained the 24-hour PM2.5

standard at the level of 35 mg/m3. For 

PM10, the EPA retained the current 24- 

hour PM10 primary and secondary 

standards. 

B. Revisions to the PSD Program to 

Implement the PM2.5 NAAQS 

To implement the PM2.5 NAAQS for 

PSD purposes, EPA issued two separate 

final rules that establish the New Source 

Review (NSR) permitting requirements 

for PM2.5: the NSR PM2.5

Implementation Rule promulgated on 

May 16, 2008 (73 FR 28321), and the 

PM2.5 PSD Increments—Significant 

Impact Levels (SILs)—Significant 

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51914 Federal Register / Vol. 79, No. 169 / Tuesday, September 2, 2014 / Rules and Regulations 

Monitoring Concentration (SMC) Rule 

promulgated on October 20, 2010 (75 FR 

64864) (PM2.5 PSD Increment—SILs— 

SMC Rule). This action focuses solely 

on the PM2.5 PSD Increment—SILs— 

SMC Rule. 

The PM2.5 PSD Increment—SILs— 

SMC Rule required states to submit SIP 

revisions to EPA by July 20, 2012, 

adopting provisions equivalent to or at 

least as stringent as the PM2.5 PSD 

increments and associated 

implementing regulations. Specifically, 

the rule required states to adopt and 

submit for EPA approval the PM2.5

increments issued pursuant to section 

166(a) of the CAA to prevent significant 

deterioration of air quality in areas 

meeting the NAAQS. States were also 

required to adopt and submit for EPA 

approval revisions to the definitions for 

major source baseline date, minor 

source baseline date, and baseline area 

as part of the implementing regulations 

for the PM2.5 increment. 

The PM2.5 PSD Increment—SILs— 

SMC Rule also allowed States to 

discretionarily adopt and submit for 

EPA approval: (1) SILs, which are used 

as a screening tool to evaluate the 

impact a proposed new major source or 

major modification may have on the 

NAAQS or PSD increment; and (2) a 

SMC (also a screening tool) which is 

used to determine the subsequent level 

of data gathering required for a PSD 

permit application for emissions of 

PM2.5. However, on January 22, 2013, 

the U.S. Court of Appeals for the District 

of Columbia granted a request from the 

EPA to vacate and remand portions of 

the federal PSD regulations (40 CFR 

51.166(k)(2) and 52.21(k)(2)) 

establishing the SILs for PM2.5 so that 

the EPA could reconcile the 

inconsistency between the regulatory 

text and certain statements in the 

preamble to the 2010 final rule. Sierra 

Club v. EPA, 705 F.3d 458, 463–64. The 

Court declined to vacate the portion of 

the federal PSD regulations (40 CFR 

51.165(b)(2)) establishing SILs for PM2.5

that did not contain the same 

inconsistency in the regulatory text. Id. 

at 465–66. The Court further vacated the 

portions of the PSD regulations (40 CFR 

51.166(i)(5)(i)(c) and 52.21(i)(5)(i)(c)) 

establishing a PM2.5 SMC, finding that 

the EPA lacked legal authority to adopt 

and use the PM2.5 SMC to exempt 

permit applicants from the statutory 

requirement to compile and submit 

ambient monitoring data. Id. at 468–69. 

On December 9, 2013, EPA issued a 

good cause final rule formally removing 

the affected SILs and SMC provisions 

from the CFR. See 78 FR 73698. As 

such, SIP submittals should no longer 

include the vacated PM2.5 SILs at 40 

CFR 51.166(k)(2) and 52.21(k)(2) or the 

vacated PM2.5 SMC provisions at 40 CFR 

51.166(i)(5)(i)(c) and 52.21(i)(5)(i)(c) for 

PM2.5 PSD permitting. EPA notes that 

today’s finding of failure to submit for 

the NCAQMD does not include the SILs 

or SMC components of the PM2.5 PSD 

Increment—SILs—SMC Rule. 

II. Finding of Failure To Submit 

The EPA is making a finding that the 

NCAQMD has failed to submit a 

required PSD SIP revision to address the 

implementation and permitting of PM2.5

emissions in the NCAQMD PSD 

program. Specifically, we are finding 

that NCAQMD failed to submit a SIP 

revision addressing the required PM2.5

PSD elements establishing increments 

and the implementing regulations by the 

specified deadline of July 20, 2012, as 

required by the 2010 PM2.5 PSD 

Increments—SILs—SMC Rule. By no 

later than 24 months after the effective 

date of this ruling, the EPA is required 

by the Act to promulgate a FIP for 

NCAQMD to address the PM2.5 PSD 

requirements for increment. This 

finding of failure to submit does not 

impose sanctions or set deadlines for 

imposing sanctions as described in 

section 179 of the CAA, because this 

finding does not pertain to the elements 

of a part D, title I plan for nonattainment 

areas as required under section 

110(a)(2)(I) and because this action is 

not a SIP call pursuant to section 

110(k)(5). This action will be effective 

on October 2, 2014. 

This action does not make a finding 

of failure to submit for NCAQMD 

regarding the required PM2.5 PSD SIP 

revision due on May 19, 2011, pursuant 

to the 2008 NSR PM2.5 Implementation 

Rule, because NCAQMD submitted a 

revised PSD rule to address these 

requirements on February 28, 2011. 

This action will start a FIP clock that 

will end 24 months from the effective 

date of today’s finding, and addresses 

the PSD revisions required by the 2010 

PM2.5 PSD Increments—SILs—SMC 

Rule. 

III. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order (EO) 12866 (58 FR 

51735, October 4, 1993) and is therefore 

not subject to review under EO 12866 

and 13563 (76 FR 3821, January 21, 

2011). 

B. Paperwork Reduction Act 

This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. This final 

rule does not establish any new 

information collection requirement 

apart from what is already required by 

law. This rule relates to the requirement 

in the CAA for states to submit PSD SIPs 

under section 166(b) to satisfy certain 

prevention of significant deterioration 

requirements under the CAA for the 

PM2.5 NAAQS. Burden means the total 

time, effort or financial resources 

expended by persons to generate, 

maintain, retain or disclose or provide 

information to or for a federal agency. 

This includes the time needed to review 

instructions; develop, acquire, install 

and utilize technology and systems for 

the purposes of collecting, validating 

and verifying information, processing 

and maintaining information and 

disclosing and providing information; 

adjust the existing ways to comply with 

any previously applicable instructions 

and requirements; train personnel to be 

able to respond to a collection of 

information; search data sources; 

complete and review the collection of 

information; and transmit or otherwise 

disclose the information. An agency 

may not conduct or sponsor, and a 

person is not required to respond to a 

collection of information unless it 

displays a currently valid OMB control 

number. The OMB control numbers for 

the EPA’s regulations in the CFR are 

listed in 40 CFR Part 9. 

C. Regulatory Flexibility Act (RFA) 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

APA or any other statute unless the 

agency certifies that the rule will not 

have a significant economic impact on 

a substantial number of small entities. 

Small entities include small businesses, 

small organizations and small 

governmental jurisdictions. For the 

purpose of assessing the impacts of this 

final rule on small entities, small entity 

is defined as: (1) A small business that 

is a small industry entity as defined in 

the U.S. Small Business Administration 

(SBA) size standards (See 13 CFR 121); 

(2) a small governmental jurisdiction 

that is a government of a city, county, 

town, school district or special district 

with a population of less than 50,000; 

and (3) a small organization that is any 

not-for-profit enterprise which is 

independently owned and operated and 

is not dominant in its field. 

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Federal Register / Vol. 79, No. 169 / Tuesday, September 2, 2014 / Rules and Regulations 51915 

After considering the economic 

impacts of this final rule on small 

entities, I certify that this rule will not 

have a significant economic impact on 

a substantial number of small entities. 

This final rule will not impose any 

requirements on small entities. This 

action relates to the requirement in the 

CAA for states to submit PSD SIPs 

under section 166(b) to satisfy certain 

prevention of significant deterioration 

requirements of the CAA for the PM2.5

NAAQS. Because EPA has made a 

‘‘good cause’’ finding that this action is 

not subject to notice-and-comment 

requirements under the APA and any 

other statute, it is not subject to the 

regulatory flexibility provisions of the 

RFA. 

D. Unfunded Mandates Reform Act of 

1995 (UMRA) 

This action contains no federal 

mandate under the provisions of Title II 

of the Unfunded Mandates Reform Act 

of 1995, 2 U.S.C. 1531–1538 for state, 

local and tribal governments and the 

private sector. The action imposes no 

enforceable duty on any state, local or 

tribal governments or the private sector. 

Therefore, this action is not subject to 

the requirements of section 202 and 205 

of the UMRA. This action is also not 

subject to the requirements of section 

203 of UMRA because it contains no 

regulatory requirements that might 

significantly or uniquely affect small 

governments. This action relates to the 

requirement in the CAA for states to 

submit PSD SIPs under section 166(b) to 

satisfy certain prevention of significant 

deterioration requirements under the 

CAA for the PM2.5 NAAQS. This rule 

merely finds that NCAQMD has not met 

that requirement. Accordingly, no 

additional costs to State, local, or tribal 

governments, or to the private sector 

result from this action. 

Additionally, because EPA has made 

a ‘‘good cause’’ that this action is not 

subject to notice-and-comment 

requirements under the APA or any 

other statute, it is not subject to sections 

202 and 205 of the UMRA. 

E. Executive Order 13132: Federalism 

EO 13132, entitled ‘‘Federalism’’ (64 

FR 43255, August 10, 1999), requires the 

EPA to develop an accountable process 

to ensure ‘‘meaningful and timely input 

by State and local officials in the 

development of regulatory policies that 

have federalism implications.’’ ‘‘Policies 

that have federalism implications’’ is 

defined in the EO to include regulations 

that have ‘‘substantial direct effects on 

the states, or the relationship between 

the national government and the states 

or on the distribution of power and 

responsibilities among the various 

levels of government.’’ This final rule 

does not have federalism implications. 

It will not have substantial direct effects 

on the states, on the relationship 

between the national government and 

the states or on the distribution of 

power and responsibilities among the 

various levels of government, as 

specified in EO 13132. The CAA 

establishes the scheme whereby states 

take the lead in developing plans to 

meet the NAAQS. This rule will not 

modify the relationship of the states and 

the EPA for purposes of developing 

programs to implement the NAAQS. 

Thus, EO 13132 does not apply to this 

rule. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

EO 13175, entitled ‘‘Consultation and 

Coordination with Indian Tribal 

Governments’’ (65 FR 67249, November 

9, 2000), requires the EPA to develop an 

accountable process to ensure 

‘‘meaningful and timely input by Tribal 

officials in the development of 

regulatory policies that have Tribal 

implications.’’ This final rule does not 

have tribal implications, as specified in 

EO 13175. This rule responds to the 

requirement in the CAA for states to 

submit PSD SIPs under section 166(b) to 

satisfy certain prevention of significant 

deterioration requirements under the 

CAA for PM2.5 NAAQS. No tribe is 

subject to the requirement to submit an 

implementation plan under section 

166(b) within 21 months of 

promulgation of PSD regulations under 

section 166(a). 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

The EPA interprets EO 13045 (62 FR 

19885, April 23, 1997) as applying only 

to those regulatory actions that concern 

health or safety risks, such that the 

analysis required under section 5–501 of 

the EO has the potential to influence the 

regulation. This action is not subject to 

EO 13045 because it merely finds that 

NCAQMD has failed to make a 

submission that is required under the 

Act to implement the PM2.5 NAAQS. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution or Use 

This rule is not a ‘‘significant energy 

action’’ as defined in EO 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001), because it is not likely to have 

a significant adverse effect on the 

supply, distribution or use of energy. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (NTTAA), Public Law No. 

104–113, section 12(d) (15 U.S.C. 272 

note), directs the EPA to use voluntary 

consensus standards (VCS) in its 

regulatory activities unless to do so 

would be inconsistent with applicable 

law or otherwise impracticable. VCS are 

technical standards (e.g., materials 

specifications, test methods, sampling 

procedures and business practices) that 

are developed or adopted by VCS 

bodies. The NTTAA directs the EPA to 

provide Congress, through OMB, 

explanations when the agency decides 

not to use available and applicable VCS. 

This action does not involve technical 

standards. Therefore, the EPA did not 

consider the use of any VCS. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

EO 12898 (59 FR 7629, February 16, 

1994) establishes federal executive 

policy on environmental justice. Its 

main provision directs federal agencies, 

to the greatest extent practicable and 

permitted by law, to make 

environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies and activities on minority 

populations and low-income 

populations in the United States. The 

EPA has determined that this final rule 

will not have disproportionately high 

and adverse human health or 

environmental effects on minority or 

low-income populations because it does 

not directly affect the level of protection 

provided to human health or the 

environment. This notice is making a 

finding that the NCAQMD failed to 

submit a SIP revision that provides 

certain basic permitting requirements 

for the PM2.5 NAAQS. 

K. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule and other 

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51916 Federal Register / Vol. 79, No. 169 / Tuesday, September 2, 2014 / Rules and Regulations 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. section 804(2). This 

rule is effective on October 2, 2014. 

L. Judicial Review 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by November 3, 

2014. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action for the purposed of 

judicial review nor does it extend the 

time within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental Relations, 

Nitrogen dioxide, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: August 11, 2014. 

Alexis Strauss, 

Acting Regional Administrator, Region IX. 

[FR Doc. 2014–20691 Filed 8–29–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Office of the Secretary 

43 CFR Part 2 

[XXXD4523WT DWT000000.000000 

DS65101000] 

RIN 1090–AB02 

Privacy Act Regulations; Exemption 

for the Incident Management, Analysis 

and Reporting System 

AGENCY: Office of the Secretary, Interior. 

ACTION: Final rule. 

SUMMARY: The Department of the 

Interior is issuing a final rule to amend 

its regulations to exempt certain records 

in the Incident Management, Analysis 

and Reporting System from one or more 

provisions of the Privacy Act because of 

criminal, civil, and administrative law 

enforcement requirements. 

DATES: This final rule is effective 

October 2, 2014. 

FOR FURTHER INFORMATION CONTACT: Teri 

Barnett, Departmental Privacy Act 

Officer, U.S. Department of the Interior, 

1849 C Street NW., Mail Stop 5547 MIB, 

Washington, DC 20240. Email at 

privacy@ios.doi.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Department of the Interior (DOI) 

published a notice of proposed 

rulemaking in the Federal Register, 78 

FR 46555, August 1, 2013, proposing to 

exempt certain records in the Incident 

Management, Analysis and Reporting 

System (IMARS) from 5 U.S.C. 552a(j)(2) 

and (k)(2) of the Privacy Act because of 

criminal, civil, and administrative law 

enforcement requirements. The IMARS 

system of records notice was published 

in the Federal Register, 78 FR 45949, 

July 30, 2013, and an amended notice 

was published on June 3, 2014, 79 FR 

31974. Comments were invited on both 

the IMARS system of records notice and 

the amended system of records, and the 

notice of proposed rulemaking. DOI 

received no comments on the notice of 

proposed rulemaking or published 

system of records notices and will 

therefore implement the rulemaking as 

proposed. 

Procedural Requirements 

1. Regulatory Planning and Review (E.O. 

12866) 

Executive Order 12866 provides that 

the Office of Information and Regulatory 

Affairs in the Office of Management and 

Budget will review all significant rules. 

The Office of Information and 

Regulatory Affairs has determined that 

this rule is not significant. 

Executive Order 13563 reaffirms the 

principles of E.O. 12866 while calling 

for improvements in the nation’s 

regulatory system to promote 

predictability, to reduce uncertainty, 

and to use the best, most innovative, 

and least burdensome tools for 

achieving regulatory ends. The 

executive order directs agencies to 

consider regulatory approaches that 

reduce burdens and maintain flexibility 

and freedom of choice for the public 

where these approaches are relevant, 

feasible, and consistent with regulatory 

objectives. E.O. 13563 emphasizes 

further that regulations must be based 

on the best available science and that 

the rulemaking process must allow for 

public participation and an open 

exchange of ideas. We have developed 

this rule in a manner consistent with 

these requirements. 

2. Regulatory Flexibility Act 

The Department of the Interior 

certifies that this document will not 

have a significant economic effect on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601, et seq.). This rule does not 

impose a requirement for small 

businesses to report or keep records on 

any of the requirements contained in 

this rule. The exemptions to the Privacy 

Act apply to individuals, not to entities 

covered under the Regulatory Flexibility 

Act. 

3. Small Business Regulatory 

Enforcement Fairness Act (SBREFA) 

This rule is not a major rule under 5 

U.S.C. 804(2), the Small Business 

Regulatory Enforcement Fairness Act. 

This rule: 

(a) Does not have an annual effect on 

the economy of $100 million or more. 

(b) Will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions. 

(c) Does not have significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

the ability of United States-based 

enterprises to compete with foreignbased enterprises. 

4. Unfunded Mandates Reform Act 

This rule does not impose an 

unfunded mandate on State, local, or 

tribal governments in the aggregate, or 

on the private sector, of more than $100 

million per year. The rule does not have 

a significant or unique effect on State, 

local, or tribal governments or the 

private sector. This rule makes only 

minor changes to 43 CFR part 2. A 

statement containing the information 

required by the Unfunded Mandates 

Reform Act (2 U.S.C. 1531 et seq.) is not 

required. 

5. Takings (E.O. 12630) 

In accordance with Executive Order 

12630, the rule does not have significant 

takings implications. This rule makes 

only minor changes to 43 CFR part 2. A 

takings implication assessment is not 

required. 

6. Federalism (E.O. 13132) 

In accordance with Executive Order 

13132, this rule does not have any 

federalism implications to warrant the 

preparation of a Federalism Assessment. 

The rule is not associated with, nor will 

it have substantial direct effects on the 

States, on the relationship between the 

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