State Department: Environmental Protection
The rule was issued by
DATES: This rule is effective
FOR FURTHER INFORMATION CONTACT:
* * *
The
SUPPLEMENTARY INFORMATION:
I. Background
The President of
In 1968, under Executive Order 11423, President
In 2004, under Executive Order 13337, President
On
Section 2(j) of Executive Order 13867 instructed the Secretary of State, consistent with applicable law, to review the
II. Purpose of the Regulatory Action
This rulemaking fulfills the instruction in Executive Order 13867 that the Secretary of State review the
Finally, since part 161 was last updated in 1980, this rule provides several nonsubstantive administrative updates.
III. Regulatory Analyses
Administrative Procedure Act (APA)
This rule is exempt from notice and comment rulemaking because it relates to a foreign affairs function of
In exercise of this constitutional foreign affairs authority, the President had authorized the Secretary of State, pursuant to Executive Orders 11423 and 13337, to receive applications and to issue or deny Presidential permits for certain types of cross-border facilities. Exercising the same authority, the President acted, in Executive Order 13867, to revoke the authority of the Secretary of State and to reserve to himself the cross-border permitting decisions described therein.
Notwithstanding the Department's determination that this rulemaking is exempt from notice and comment and without prejudice to this determination, the Department will accept public comment for 30 days after the date of publication.
Regulatory Flexibility Act
Because this final rule is exempt from the rulemaking provisions of 5 U.S.C. 553, it does not require analysis under the Regulatory Flexibility Act (RFA). Notwithstanding the inapplicability of the RFA, the Department has determined and hereby certifies that this final rule will not have a significant economic impact on a substantial number of small entities, given that the final rule has the potential to have an economic impact only on entities large enough to propose, finance, and construct cross-border infrastructure projects. Moreover, even if the final rule did have an economic impact on small entities, it would not affect a substantial number of them, because in no year has the Department ever received more than ten applications concerning cross-border infrastructure projects.
Unfunded Mandates Reform Act of 1995
This amendment does not involve a mandate that will result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of
Small Business Regulatory Enforcement Fairness Act of 1996
This rulemaking has been found not to be a major rule within the meaning of the Small Business Regulatory Enforcement Fairness Act of 1996.
Executive Orders 12866 and 13563, Regulatory Planning
Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributed impacts, and equity). The Department believes that the benefits of this rulemaking outweigh any cost to the public, which is anticipated to be minimal. This rule has been designated as a significant rulemaking under Executive Order 12866.
Executive Order 13771, Reducing Regulation and Controlling Regulatory Costs
This rule is not subject to the requirements of E.O. 13771 because this rule results in no more than de minimis costs.
Executive Order 12988, Civil Justice Reform
Executive Order 12372, Intergovernmental Review of Federal Programs
This rule is not subject to Executive Order 12372. This rule updates the Department's NEPA regulations and does not implicate provision of non-Federal funds by State and local governments. Similarly, the Department's NEPA regulations do not implicate Federal financial assistance or direct Federal development within the scope of Executive Order 12372.
National Environmental Policy Act
In this final rule, the Department proposes to implement the Presidential directive in Section 2(j) of Executive Order 13867 to bring the
Executive Order 13132, Federalism
The policies contained in this final rule do not have any substantial direct effect on 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. Nor does this final rule impose substantial direct compliance costs on state and local governments. Therefore, consultation with the states is not required.
Executive Order 13175, Consultation and Coordination with Indian Tribal Governments
The Department has determined that this rulemaking will not have tribal implications, will not impose substantial direct compliance costs on Indian tribal governments, and will not preempt tribal law. Accordingly, Executive Order 13175 does not apply to this rulemaking.
Paperwork Reduction Act
The Department has determined that this rulemaking does not create or revise any information collection that would require approval under the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35).
List of Subjects in 22 CFR Part 161
* Environmental impact statements
Director,
[FR Doc. 2020-10991 Filed 5-28-20;
BILLING CODE 4710-09-P
The document is published in the
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