[Federal Register Volume 60, Number 143 (Wednesday, July 26, 1995)]
[Rules and Regulations]
[Pages 38240-38241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17745]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 931
[Docket No. 950616158-5158-01]
RIN 0648-AI04
Coastal Energy Impact Program
AGENCY: Office of Ocean and Coastal Resource Management (OCRM),
National Ocean Service (NOS), National Oceanic and Atmospheric
Administration (NOAA), Department of Commerce (DOC).
ACTION: Final Rule; removal.
-----------------------------------------------------------------------
SUMMARY: This final rule removes regulations implementing the Coastal
Energy Impact Program (CEIP), which was established in 1976 under then-
section 308 of the Coastal Zone Management Act (CZMA) to provide
coastal states and units of general purpose local governments (local
governments) in such states with Federal financial assistance to meet
certain needs that result from specified energy development activities.
In the 1990 amendments to the CZMA the CEIP was terminated and,
therefore, the implementing regulations are, for the most part,
obsolete. Further, for those particular coastal states and local
governments with outstanding CEIP loans, NOAA will continue to apply
relevant provisions to such CEIP loan holders by providing actual and
timely notice of their continued applicability. Therefore, the
regulations need no longer be retained in the Code of Federal
Regulations (CFR).
EFFECTIVE DATE: July 26, 1995.
FOR FURTHER INFORMATION CONTACT: James Lawless, Deputy Director, Office
of Ocean and Coastal Resource Management, at (301) 713-3155.
SUPPLEMENTARY INFORMATION: In March 1995, President Clinton issued a
directive to Federal agencies regarding their responsibilities under
his Regulatory Reinvention Initiative. This initiative is part of the
National Performance Review and calls for immediate, comprehensive
regulatory reform. The President directed all agencies to undertake an
exhaustive review of all their regulations--with an emphasis on
eliminating or modifying those that are obsolete or otherwise in need
of reform. This final rule represents one of the first steps in NOAA's
response to this new directive.
[[Page 38241]]
Coastal Energy Impact Program
The CEIP was established in 1976 under then-section 308 of the
Coastal Zone Management Act (CZMA), 16 U.S.C. 1456a, to provide coastal
states and local governments in such states with Federal financial
assistance to meet certain needs that result from specified energy
development activities. In the 1990 amendments to the CZMA (Pub. L.
101-508), section 308 was amended by: (1) Terminating any future CEIP
loans, although obligations of any coastal state or local government to
repay loans made prior to the 1990 amendments remain in effect; and (2)
establishing the Coastal Zone Management Fund as, inter alia, the
repository for such CEIP loan repayments. As the CEIP has been
terminated, the administrative regulations, Part 931, for this program
are, for the most part, obsolete and need not be retained in the CFR.
For the particular coastal states and local governments that have
outstanding CEIP loans and therefore must repay the loans to the
Coastal Zone Management Fund, NOAA will continue to apply the
applicable provisions of Part 931. However, although such provisions
shall continue to apply, it is not necessary to retain them in the CFR
because, in part, such provisions have particular applicability to only
those coastal states and local governments with outstanding CEIP loans.
Accordingly, NOAA will provide copies of the relevant provisions of
Part 931, with instructions that they continue to apply, directly to
those particular coastal states and local governments that have
outstanding CEIP loans. Therefore, the particular coastal states and
local governments with outstanding CEIP loans will have, in addition to
the constructive notice provided by this final rule, actual and timely
notice of the continued application of the repayment provisions of Part
931, and such coastal states and local governments shall continue to
comply with all the terms and conditions of such provisions of part
931. See 5 U.S.C. 552(a). Accordingly, NOAA is removing part 931, the
CEIP regulations, from Title 15 of the CFR.
NOAA has determined that because this rule is a matter relating to
loans, grants, benefits or contracts, it is not subject to the
Administrative Procedure Act (APA) requirements of prior notice,
opportunity for comment, or delayed effective date (5 U.S.C. 553).
Accordingly, this rule is being made effective immediately upon
publication.
Executive Order 12866
For purposes of Executive Order 12866, this final rule is
determined to be not significant.
Regulatory Flexibility Act
Notice and comment for this rule are not required by the APA or any
other law. Therefore, a regulatory flexibility analysis is not required
under the Regulatory Flexibility Act (Pub. L. 96-354).
Paperwork Reduction Act
This regulation contains no information collection requirements
which are subject to review and approval by OMB under the Paperwork
Reduction Act of 1980 (44 U.S.C. 3500 et seq.).
Authority: Coastal Zone Management Act of 1972, is amended, 16
U.S.C. 1451 et seq.
List of Subjects in 15 CFR Part 931
Coastal zone, Grant programs--natural resources, Natural resources,
and Reporting and recordkeeping requirements.
Dated: June 28, 1995.
David Evans,
Acting Deputy Assistant Administrator for Ocean Services and Coastal
Zone Management.
Accordingly, for the reasons set forth in the preamble and under
the authority of 16 U.S.C. 1451 et seq., Chapter IX of Title 15 of the
Code of Federal Regulations is amended as follows:
PART 931--[REMOVED]
1. Part 931 is removed.
[FR Doc. 95-17745 Filed 7-25-95; 8:45 am]
BILLING CODE 3510-08-M
