Okay,here’s a breakdown of the legal and regulatory considerations discussed in the provided text,organized for clarity:
1. Regulatory Flexibility Act (RFA)
* Assessment: the Coast Guard steadfast this rule does not require a regulatory flexibility analysis.
* Reasoning: The rule is not considered a “important rule” under the RFA because it won’t have a significant economic impact on a significant number of small entities.
2. Small Business Regulatory Enforcement Fairness Act (SBREFA)
* Assessment: The Coast guard certified that this rule was not subject to the reporting requirements of SBREFA.
* Reasoning: The rule is not a ”major rule” as defined by SBREFA.
3.Executive Order 13132 (Federalism)
* Assessment: This rule does not have federalism implications.
* Reasoning: It doesn’t significantly affect the rights, responsibilities, or distribution of power between the Federal Government and the States.
4. Executive Order 13175 (Tribal Consultation)
* Assessment: This rule does not have tribal implications.
* Reasoning: It doesn’t have a substantial direct affect on Indian tribes, the relationship between the Federal Government and tribes, or the distribution of power/responsibilities.
5. Unfunded Mandates Reform Act
* Assessment: The rule does not trigger the requirements of the Unfunded Mandates reform Act.
* Reasoning: It won’t result in expenditures of $100 million or more (adjusted for inflation) by State, local, or tribal governments, or the private sector in any one year.
6. National Environmental Policy Act (NEPA)
* Assessment: The rule is categorically excluded from further environmental review under NEPA.
* Reasoning: It promulgates operating regulations for drawbridges, which falls under a category of actions with no significant environmental impact (DHS Instruction Manual 023-01-001-01, Rev. 1, paragraph L49, Appendix A, Table 1).
* Documentation: Neither a Record of Environmental consideration nor a Memorandum for the Record is required.
In essence, the Coast Guard has concluded that this rule is a relatively minor regulatory change that doesn’t trigger the need for extensive analysis under several key laws and executive orders.
