Migratory Bird Permits; States Delegated Falconry Permitting Authority; Technical Corrections to the Regulations, 81139-81142 [2010-32243]

Download as PDF Federal Register / Vol. 75, No. 247 / Monday, December 27, 2010 / Rules and Regulations rule. Accordingly, the correction is effective January 1, 2011. II. Summary of Errors On page 70417, in Table 13B, the calculation of the NRS payment amounts for services provided in rural areas is incorrect. In Table 13B, we multiplied the NRS payment amounts (from Tables 8B and 9B) by the rural add-on (X 1.03). However, we should have multiplied the NRS conversion factors for rural areas (from Table 13A) by the appropriate relative weights. We are replacing Table 13B in its entirety in order to show the correct calculation of the NRS payment amounts for services provided in rural areas. 81139 III. Correction of Errors In FR Doc. 2010–27778 of November 17, 2010 (75 FR 70372), make the following corrections: 1. On page 70417, Table 13B is corrected to read as follows: TABLE 13B—RELATIVE WEIGHTS FOR THE 6-SEVERITY NRS SYSTEM FOR SERVICES PROVIDED IN RURAL AREAS For HHAs that DO submit quality data (NRS conversion factor = 54.12) Severity level Points (scoring) Relative weight 1 2 3 4 5 6 ................................................ ................................................ ................................................ ................................................ ................................................ ................................................ 0 ................................................ 1 to 14 ...................................... 15 to 27 .................................... 28 to 48 .................................... 49 to 98 .................................... 99+ ............................................ erowe on DSK5CLS3C1PROD with RULES IV. Waiver of Proposed Rulemaking We ordinarily publish a notice of proposed rulemaking in the Federal Register to provide a period for public comment before the provisions of a notice such as this take effect in accordance with section 553(b) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). However, we can waive both the notice and comment procedure and the 30-day delay in effective date if the Secretary finds, for good cause, that the notice and comment process is impracticable, unnecessary, or contrary to the public interest, and incorporates a statement of the finding and the reasons therefore in the notice. We find for good cause that it is unnecessary to undertake notice and comment rulemaking because this notice merely provides typographical and technical corrections to the regulations. We are not making substantive changes to our payment methodologies or policies, but rather, are simply implementing correctly the payment methodologies and policies that we previously proposed, received comment on, and subsequently finalized. The public has already had the opportunity to comment on these payment methodologies and policies, and this correction notice is intended solely to ensure that the CY 2011 HH PPS final rule accurately reflects them. Therefore, we believe that undertaking further notice and comment procedures to incorporate these corrections into the CY 2011 HH PPS final rule is unnecessary and contrary to the public interest. VerDate Mar<15>2010 13:10 Dec 23, 2010 For HHAs that DO NOT submit quality data (NRS conversion factor = 53.05) Jkt 223001 Total NRS payment amount for rural areas 0.2698 0.9742 2.6712 3.9686 6.1198 10.5254 Further, we believe a delayed effective date is unnecessary because this correction notice merely corrects inadvertent typographical and technical errors. The changes noted above do not make any substantive changes to the HH PPS payment methodologies or policies. Moreover, we regard imposing a delay in the effective date as being contrary to the public interest. We believe that it is in the public interest for providers to receive appropriate HH PPS payments in as timely a manner as possible and to ensure that the CY 2011 HH PPS final rule accurately reflects our payment methodologies, payment rates, and policies. Therefore, we find good cause to waive notice and comment procedures, as well as the 30-day delay in effective date. (Catalog of Federal Domestic Assistance Program No. 93.773, Medicare—Hospital Insurance; and Program No. 93.774, Medicare—Supplementary Medical Insurance Program) Dated: December 20, 2010. Dawn L. Smalls, Executive Secretary to the Department. [FR Doc. 2010–32496 Filed 12–23–10; 8:45 am] BILLING CODE 4120–01–P PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 Relative weight $14.60 $52.72 $144.57 $214.78 $331.20 $569.63 0.2698 0.9742 2.6712 3.9686 6.1198 10.5254 Total NRS payment amount for rural areas $14.31 $51.68 $141.71 $210.53 $324.66 $558.37 DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 21 [FWS–R9–MB–2010–0064; 91200–1231– 9BPP] RIN 1018–AX31 Migratory Bird Permits; States Delegated Falconry Permitting Authority; Technical Corrections to the Regulations Fish and Wildlife Service, Interior. ACTION: Final rule. AGENCY: The States of Arkansas, Colorado, Idaho, Maine, Michigan, Missouri, South Dakota, and Washington have requested that we, the U.S. Fish and Wildlife Service, delegate permitting for falconry to the State, as provided under the regulations at 50 CFR 21.29. We have reviewed regulations and supporting materials provided by the States and have concluded that their regulations comply with the Federal regulations. We change the falconry regulations accordingly. We also correct or clarify several small errors in the regulations and move one section to make the regulations more consistent. DATES: This rule is effective January 1, 2011. FOR FURTHER INFORMATION CONTACT: Dr. George T. Allen, Division of Migratory Bird Management, U.S. Fish and Wildlife Service, 703–358–1825. SUPPLEMENTARY INFORMATION: SUMMARY: E:\FR\FM\27DER1.SGM 27DER1 81140 Federal Register / Vol. 75, No. 247 / Monday, December 27, 2010 / Rules and Regulations Background erowe on DSK5CLS3C1PROD with RULES We, the U.S. Fish and Wildlife Service, published a final rule in the Federal Register on October 8, 2008 (73 FR 59448), to revise our regulations governing falconry in the United States. These regulations are found in title 50 of the Code of Federal Regulations (CFR) at § 21.29. The regulations provide that, when a State meets the requirements for operating under the regulations, falconry permitting must be delegated to the State. The States of Arkansas, Colorado, Idaho, Maine, Michigan, Missouri, South Dakota, and Washington have submitted revised falconry regulations and supporting materials and have requested to be allowed to operate under the revised Federal regulations. We have reviewed the regulations administered by these States and have determined that their regulations meet the requirements of 50 CFR 21.29(b). According to the regulations at § 21.29(b)(4), we must issue a rule to add a State to the list at § 21.29(b)(10) of approved States with a falconry program. Therefore, we change the Federal regulations accordingly, and a Federal permit will no longer be required to practice falconry in the States of Arkansas, Colorado, Idaho, Maine, Michigan, Missouri, South Dakota, and Washington beginning January 1, 2011. We also make several nonsubstantive corrections and improvements to the falconry regulations in 50 CFR 21.29. In paragraph (d)(9), we add a paragraph heading for consistency with the other subordinate paragraphs in paragraph (d), which all have headings. We correct an incorrect reference in paragraph (e)(6)(ii). Finally, we remove redundant subparagraphs from paragraphs (e)(2) and (e)(3): The same text appears at both of these locations. We are removing this text from both of these locations and moving it to a more logical location in paragraph (c)(3)(i) in a new paragraph (E). The information in this text pertains to the possession of raptors by Apprentice Falconers, and we believe this information fits better with other information about the possession options for Apprentice Falconers presented in paragraph (c) than it does in either of its current locations in paragraph (e) of the regulations. Administrative Procedure In accordance with section 553 of the Administrative Procedure Act (5 U.S.C. 551 et seq.), we are issuing this final rule without prior opportunity for public comment. Under the regulations at 50 CFR 21.29(b)(1)(ii), the Director of VerDate Mar<15>2010 13:10 Dec 23, 2010 Jkt 223001 the U.S. Fish and Wildlife Service must determine if a State, tribal, or territorial falconry permitting program meets Federal requirements. When the Director makes this determination, the Service is required by regulations at 50 CFR 21.29(b)(4) to publish a rule in the Federal Register adding the State, tribe, or territory to the list of those approved for allowing the practice of falconry. On January 1st of the calendar year following publication of the rule, the Service will terminate Federal falconry permitting in any State certified under the regulations at 50 CFR 21.29. This is a ministerial and nondiscretionary action that must be enacted shortly to enable the subject States to assume all responsibilities of falconry permitting by January 1, 2011, the effective date of this regulatory amendment. Further, the relevant regulation at 50 CFR 21.29 governing the transfer of permitting authority to these States has already been subject to public notice and comment procedures. Therefore, in accordance with 5 U.S.C. 553(b)(3)(B), we did not publish a proposed rule in regard to this rulemaking action because, for good cause as stated above, we found prior public notice and comment procedures to be unnecessary. In addition, per 5 U.S.C. 553(d)(1), we are making this rule effective in less than 30 days because this rule relieves a restriction: It relinquishes Federal control of the falconry permitting program to the approved States. Required Determinations Regulatory Planning and Review The Office of Management and Budget (OMB) has determined that this rule is not significant under Executive Order 12866. OMB bases its determination upon the following four criteria: a. Whether the rule will have an annual effect of $100 million or more on the economy or adversely affect an economic sector, productivity, jobs, the environment, or other units of the government. b. Whether the rule will create inconsistencies with other Federal agencies’ actions. c. Whether the rule will materially affect entitlements, grants, user fees, loan programs, or the rights and obligations of their recipients. d. Whether the rule raises novel legal or policy issues. Regulatory Flexibility Act (5 U.S.C. 601 et seq.) Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq., as amended by the Small Business Regulatory Enforcement PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 Fairness Act (SBREFA) of 1996 (Pub. L. 104–121)), whenever an agency is required to publish a notice of rulemaking for any proposed or final rule, it must prepare and make available for public comment a regulatory flexibility analysis that describes the effect of the rule on small entities (that is, small businesses, small organizations, and small government jurisdictions). However, no regulatory flexibility analysis is required if the head of an agency certifies the rule will not have a significant economic impact on a substantial number of small entities. SBREFA amended the Regulatory Flexibility Act to require Federal agencies to provide the statement of the factual basis for certifying that a rule will not have a significant economic impact on a substantial number of small entities. We have examined this rule’s potential effects on small entities as required by the Regulatory Flexibility Act, and have determined that this action will not have a significant economic impact on a substantial number of small entities. This rule delegates authority to States that have requested it, and those States have already changed their falconry regulations. This rule does not change falconers’ costs for practicing their sport, nor does it affect businesses that provide equipment or supplies for falconry. Consequently, we certify that, because this rule will not have a significant economic effect on a substantial number of small entities, a regulatory flexibility analysis is not required. This rule is not a major rule under the SBREFA (5 U.S.C. 804(2)). It will not have a significant economic impact on a substantial number of small entities. a. This rule does not have an annual effect on the economy of $100 million or more. There are no costs to permittees or any other part of the economy associated with this regulations change. b. This rule will not cause a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions. The practice of falconry does not significantly affect costs or prices in any sector of the economy. c. This rule will not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreignbased enterprises. Falconry is an endeavor of private individuals. Neither E:\FR\FM\27DER1.SGM 27DER1 Federal Register / Vol. 75, No. 247 / Monday, December 27, 2010 / Rules and Regulations regulation nor practice of falconry significantly affects business activities. Unfunded Mandates Reform Act In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.), we have determined the following: a. This rule will not ‘‘significantly or uniquely’’ affect small governments in a negative way. A small government agency plan is not required. The eight States affected by this rule applied for the authority to issue permits for the practice of falconry. b. This rule will not produce a Federal mandate of $100 million or greater in any year; i.e., it is not a ‘‘significant regulatory action’’ under the Unfunded Mandates Reform Act. Takings In accordance with E.O. 12630, the rule does not have significant takings implications. A takings implication assessment is not required. This rule does not contain a provision for taking of private property. Federalism This rule does not have sufficient Federalism effects to warrant preparation of a Federalism assessment under E.O. 13132. The States being delegated authority to issue permits to conduct falconry have requested that authority. No significant economic impacts are expected to result from the State regulation of falconry. Civil Justice Reform In accordance with E.O. 12988, the Office of the Solicitor has determined that the rule does not unduly burden the judicial system and meets the requirements of sections 3(a) and 3(b)(2) of the Order. erowe on DSK5CLS3C1PROD with RULES Paperwork Reduction Act We examined this rule under the Paperwork Reduction Act of 1995. OMB has approved the information collection requirements of the Migratory Bird Permits Program and assigned OMB control number 1018–0022, which expires November 30, 2013. This regulation change does not add to the approved information collection. Information from the collection is used to document take of raptors from the wild for use in falconry and to document transfers of raptors held for falconry between permittees. A Federal 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. VerDate Mar<15>2010 13:10 Dec 23, 2010 Jkt 223001 National Environmental Policy Act We evaluated the environmental impacts of the changes to these regulations, and determined that this rule does not have any environmental impacts. Within the spirit and intent of the Council on Environmental Quality’s regulations for implementing the National Environmental Policy Act (NEPA), and other statutes, orders, and policies that protect fish and wildlife resources, we determined that these regulatory changes do not have a significant effect on the human environment. Under the guidance in Appendix 1 of the Department of the Interior Manual at 516 DM 2, we conclude that the regulatory changes are categorically excluded because they ‘‘have no or minor potential environmental impact’’ (516 DM 2, Appendix 1A(1)). No more comprehensive NEPA analysis of the regulations change is required. Government-to-Government Relationship With Tribes In accordance with the President’s memorandum of April 29, 1994, ‘‘Government-to-Government Relations with Native American Tribal Governments’’ (59 FR 22951), Executive Order 13175, and 512 DM 2, we have evaluated potential effects on Federally recognized Indian Tribes and have determined that this rule will not interfere with Tribes’ ability to manage themselves or their funds or to regulate falconry on Tribal lands. Energy Supply, Distribution, or Use E.O. 13211 requires agencies to prepare Statements of Energy Effects when undertaking certain actions. Because this rule only affects the practice of falconry in the United States, it is not a significant regulatory action under E.O. 12866, and will not significantly affect energy supplies, distribution, or use. Therefore, this action is not a significant energy action and no Statement of Energy Effects is required. Environmental Consequences of the Action Socioeconomic. This action will not have discernible socioeconomic impacts. Raptor populations. This rule will not change the effects of falconry on raptor populations. We have reviewed and approved the State regulations. Endangered and threatened species. This rule does not change protections for endangered and threatened species. PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 81141 Compliance With Endangered Species Act Requirements Section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531 et seq.), requires that ‘‘The Secretary [of the Interior] shall review other programs administered by him and utilize such programs in furtherance of the purposes of this chapter’’ (16 U.S.C. 1536(a)(1)). It further states that the Secretary must ‘‘insure that any action authorized, funded, or carried out * * * is not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of [critical] habitat’’ (16 U.S.C. 1536(a)(2)). Delegating falconry permitting authority to States with approved programs will not affect threatened or endangered species or their habitats in the United States. List of Subjects in 50 CFR Part 21 Exports, Hunting, Imports, Reporting and recordkeeping requirements, Transportation, Wildlife. ■ For the reasons stated in the preamble, we amend subpart C of part 21, subchapter B of chapter I, title 50 of the Code of Federal Regulations, as follows: PART 21—MIGRATORY BIRD PERMITS 1. The authority citation for part 21 continues to read as follows: ■ Authority: Migratory Bird Treaty Act, 40 Stat. 755 (16 U.S.C. 703); Pub. L. 95–616, 92 Stat. 3112 (16 U.S.C. 712(2)); Public Law 106–108, 113 Stat. 1491, Note Following 16 U.S.C. 703. 2. Amend § 21.29 by: a. Amending paragraph (b)(10)(i) by removing the word ‘‘or’’ from the first column and adding in alphabetic order to the list of States the words ‘‘Arkansas,’’ ‘‘Colorado,’’ ‘‘Idaho,’’ ‘‘Maine,’’ ‘‘Michigan,’’ ‘‘Missouri,’’ ‘‘South Dakota,’’ and ‘‘or Washington,’’; ■ b. Amending paragraph (b)(10)(ii) by removing the words ‘‘Arkansas,’’ ‘‘Colorado,’’ ‘‘Idaho,’’ ‘‘Maine,’’ ‘‘Michigan,’’ ‘‘Missouri,’’ ‘‘South Dakota,’’ and ‘‘Washington,’’; ■ c. Redesignating paragraphs (c)(3)(i)(E) through (c)(3)(i)(I) as paragraphs (c)(3)(i)(F) through (c)(3)(i)(J) and adding a new paragraph (c)(3)(i)(E) to read as set forth below; ■ d. Amending paragraph (d)(9) by adding a paragraph heading to read as set forth below; ■ e. Removing the second paragraph designated as paragraph (e)(2)(i); ■ f. Removing paragraph (e)(3)(i) and redesignating paragraphs (e)(3)(ii) through (e)(3)(x) as paragraphs (e)(3)(i) through (e)(3)(ix); and ■ ■ E:\FR\FM\27DER1.SGM 27DER1 81142 Federal Register / Vol. 75, No. 247 / Monday, December 27, 2010 / Rules and Regulations g. Amending paragraph (e)(6)(ii) by removing the reference ‘‘(e)(3)(iii)(C)’’ and adding in its place ‘‘(e)(3)(ii)(E).’’ ■ § 21.29 Falconry standards and falconry permitting. * * * * * (c) * * * (3) * * * (i) * * * (E) You may take raptors less than 1 year old, except nestlings, from the wild during any period or periods specified by the State, tribe, or territory. You may take any raptor species from the wild except a federally listed threatened or endangered species or the following species: Bald eagle (Haliaeetus leucocephalus), white-tailed eagle (Haliaeetus albicilla), Steller’s sea-eagle (Haliaeetus pelagicus), golden eagle (Aquila chrysaetos), American swallowtailed kite (Elanoides forficatus), Swainson’s hawk (Buteo swainsoni), peregrine falcon (Falco peregrinus), flammulated owl (Otus flammeolus), elf owl (Micrathene whitneyi), and shorteared owl (Asio flammeus). * * * * * (d) * * * (9) Inspections. * * * * * * * * Dated: December 14, 2010. Thomas L. Strickland, Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2010–32243 Filed 12–23–10; 8:45 am] BILLING CODE 4310–55–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 101013504–0610–02] RIN 0648–XY27 Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Atlantic Surfclam and Ocean Quahog Fishery; Final 2011–2013 Fishing Quotas for Atlantic Surfclam and Ocean Quahog National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. erowe on DSK5CLS3C1PROD with RULES AGENCY: VerDate Mar<15>2010 13:10 Dec 23, 2010 Jkt 223001 NMFS implements final quotas for the Atlantic surfclam and ocean quahog fisheries for 2011, 2012, and 2013. Regulations governing these fisheries require NMFS to publish the final quota specifications for the 2011– 2013 fishing years. The intent of this action is to establish allowable harvest levels of Atlantic surfclams and ocean quahogs from the Exclusive Economic Zone to prevent overfishing and to allow harvesting of optimum yield (OY). DATES: Effective January 1, 2011, to December 31, 2013. ADDRESSES: Copies of supporting documents, including the Environmental Assessment, Regulatory Impact Review (RIR), and Initial Regulatory Flexibility Analysis (IRFA) are available from Christopher Moore, Executive Director, Mid-Atlantic Fishery Management Council, Suite 201, 800 N. State St., Dover, DE 19901. A copy of the EA/RIR/IRFA is accessible via the Internet at https:// www.nero.noaa.gov/nero/regs/ com.html. The Final Regulatory Flexibility Analysis (FRFA) consists of the IRFA and the summary of impacts and alternatives contained in the Classification section of the preamble to this final rule. Copies of the small entity compliance guide are available from Patricia A. Kurkul, Regional Administrator, NMFS Northeast Regional Office, 55 Great Republic Drive, Gloucester, MA 01930. FOR FURTHER INFORMATION CONTACT: Anna Macan, Fishery Management Specialist, 978–281–9165. SUPPLEMENTARY INFORMATION: The fishery management plan (FMP) for Atlantic surfclams and ocean quahogs requires that NMFS, in consultation with the Mid-Atlantic Fishery Management Council (Council), specify quotas for surfclam and ocean quahog for a 3-year period, with an annual review, from a range that represents the OY for each fishery. It is the policy of the Council that the levels selected allow sustainable fishing to continue at that level for at least 10 years for surfclams, and 30 years for ocean quahogs. In addition to this constraint, the Council policy also considers the economic impacts of the quotas. Regulations implementing Amendment 10 to the FMP (63 FR 27481, May 19, 1998) added Maine ocean quahogs (locally known as Maine mahogany quahogs) to the management unit, and SUMMARY: PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 provided for a small artisanal fishery for ocean quahogs in the waters north of 43°50′ N. lat., with an annual quota within a range of 17,000 to 100,000 Maine bu (5,991 to 35,240 hL). As specified in Amendment 10, the Maine mahogany ocean quahog quota is allocated separately from the quota specified for the ocean quahog fishery. Regulations implementing Amendment 13 to the FMP (68 FR 69970, December 16, 2003) established the ability to set multi-year quotas. An evaluation, in the form of an annual quota recommendation, is conducted by the Council every year to determine if the multi-year quota specifications remain appropriate. The fishing quotas must be in compliance with overfishing definitions for each species. In recommending these quotas, the Council considered the most recent stock assessments, data reported by harvesters and processors, and other relevant information concerning exploitable biomass and spawning biomass, fishing mortality rates, stock recruitment, projected fishing effort and catches, and areas closed to fishing. In June 2010, the Council voted to recommend maintaining the 2010 quota levels of 5.333 million bu (284 million L) for the ocean quahog fishery, 3.400 million bu (181 million L) for the Atlantic surfclam fishery, and 100,000 Maine bu (35,240 hL) for the Maine ocean quahog fishery for 2011–2013. The basis for the Council’s quota recommendations was provided in the proposed rule published on October 25, 2010 (75 FR 65442), and is not repeated here. With this rule, NMFS approves and implements the quotas proposed by the Council. The final quotas for the 2011– 2013 Atlantic surfclam and ocean quahog fishery are shown in the table below. The Atlantic surfclam and ocean quahog quotas are specified in ‘‘industry’’ bu of 53.24 L per bu, while the Maine ocean quahog quota is specified in ‘‘Maine’’ bu of 35.24 L per bu. Because Maine ocean quahogs are the same species as ocean quahogs, both fisheries are assessed under the same ocean quahog overfishing definition. When the two quota amounts (ocean quahog and Maine ocean quahog) are added, the total allowable harvest is still lower than the level that would result in overfishing for the entire stock. E:\FR\FM\27DER1.SGM 27DER1

Agencies

[Federal Register Volume 75, Number 247 (Monday, December 27, 2010)]
[Rules and Regulations]
[Pages 81139-81142]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32243]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 21

[FWS-R9-MB-2010-0064; 91200-1231-9BPP]
RIN 1018-AX31


Migratory Bird Permits; States Delegated Falconry Permitting 
Authority; Technical Corrections to the Regulations

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The States of Arkansas, Colorado, Idaho, Maine, Michigan, 
Missouri, South Dakota, and Washington have requested that we, the U.S. 
Fish and Wildlife Service, delegate permitting for falconry to the 
State, as provided under the regulations at 50 CFR 21.29. We have 
reviewed regulations and supporting materials provided by the States 
and have concluded that their regulations comply with the Federal 
regulations. We change the falconry regulations accordingly. We also 
correct or clarify several small errors in the regulations and move one 
section to make the regulations more consistent.

DATES: This rule is effective January 1, 2011.

FOR FURTHER INFORMATION CONTACT: Dr. George T. Allen, Division of 
Migratory Bird Management, U.S. Fish and Wildlife Service, 703-358-
1825.

SUPPLEMENTARY INFORMATION:

[[Page 81140]]

Background

    We, the U.S. Fish and Wildlife Service, published a final rule in 
the Federal Register on October 8, 2008 (73 FR 59448), to revise our 
regulations governing falconry in the United States. These regulations 
are found in title 50 of the Code of Federal Regulations (CFR) at Sec.  
21.29. The regulations provide that, when a State meets the 
requirements for operating under the regulations, falconry permitting 
must be delegated to the State.
    The States of Arkansas, Colorado, Idaho, Maine, Michigan, Missouri, 
South Dakota, and Washington have submitted revised falconry 
regulations and supporting materials and have requested to be allowed 
to operate under the revised Federal regulations. We have reviewed the 
regulations administered by these States and have determined that their 
regulations meet the requirements of 50 CFR 21.29(b). According to the 
regulations at Sec.  21.29(b)(4), we must issue a rule to add a State 
to the list at Sec.  21.29(b)(10) of approved States with a falconry 
program. Therefore, we change the Federal regulations accordingly, and 
a Federal permit will no longer be required to practice falconry in the 
States of Arkansas, Colorado, Idaho, Maine, Michigan, Missouri, South 
Dakota, and Washington beginning January 1, 2011.
    We also make several nonsubstantive corrections and improvements to 
the falconry regulations in 50 CFR 21.29. In paragraph (d)(9), we add a 
paragraph heading for consistency with the other subordinate paragraphs 
in paragraph (d), which all have headings. We correct an incorrect 
reference in paragraph (e)(6)(ii). Finally, we remove redundant 
subparagraphs from paragraphs (e)(2) and (e)(3): The same text appears 
at both of these locations. We are removing this text from both of 
these locations and moving it to a more logical location in paragraph 
(c)(3)(i) in a new paragraph (E). The information in this text pertains 
to the possession of raptors by Apprentice Falconers, and we believe 
this information fits better with other information about the 
possession options for Apprentice Falconers presented in paragraph (c) 
than it does in either of its current locations in paragraph (e) of the 
regulations.

Administrative Procedure

    In accordance with section 553 of the Administrative Procedure Act 
(5 U.S.C. 551 et seq.), we are issuing this final rule without prior 
opportunity for public comment. Under the regulations at 50 CFR 
21.29(b)(1)(ii), the Director of the U.S. Fish and Wildlife Service 
must determine if a State, tribal, or territorial falconry permitting 
program meets Federal requirements. When the Director makes this 
determination, the Service is required by regulations at 50 CFR 
21.29(b)(4) to publish a rule in the Federal Register adding the State, 
tribe, or territory to the list of those approved for allowing the 
practice of falconry. On January 1st of the calendar year following 
publication of the rule, the Service will terminate Federal falconry 
permitting in any State certified under the regulations at 50 CFR 
21.29.
    This is a ministerial and nondiscretionary action that must be 
enacted shortly to enable the subject States to assume all 
responsibilities of falconry permitting by January 1, 2011, the 
effective date of this regulatory amendment. Further, the relevant 
regulation at 50 CFR 21.29 governing the transfer of permitting 
authority to these States has already been subject to public notice and 
comment procedures. Therefore, in accordance with 5 U.S.C. 
553(b)(3)(B), we did not publish a proposed rule in regard to this 
rulemaking action because, for good cause as stated above, we found 
prior public notice and comment procedures to be unnecessary. In 
addition, per 5 U.S.C. 553(d)(1), we are making this rule effective in 
less than 30 days because this rule relieves a restriction: It 
relinquishes Federal control of the falconry permitting program to the 
approved States.

Required Determinations

Regulatory Planning and Review

    The Office of Management and Budget (OMB) has determined that this 
rule is not significant under Executive Order 12866. OMB bases its 
determination upon the following four criteria:
    a. Whether the rule will have an annual effect of $100 million or 
more on the economy or adversely affect an economic sector, 
productivity, jobs, the environment, or other units of the government.
    b. Whether the rule will create inconsistencies with other Federal 
agencies' actions.
    c. Whether the rule will materially affect entitlements, grants, 
user fees, loan programs, or the rights and obligations of their 
recipients.
    d. Whether the rule raises novel legal or policy issues.

Regulatory Flexibility Act (5 U.S.C. 601 et seq.)

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq., as 
amended by the Small Business Regulatory Enforcement Fairness Act 
(SBREFA) of 1996 (Pub. L. 104-121)), whenever an agency is required to 
publish a notice of rulemaking for any proposed or final rule, it must 
prepare and make available for public comment a regulatory flexibility 
analysis that describes the effect of the rule on small entities (that 
is, small businesses, small organizations, and small government 
jurisdictions). However, no regulatory flexibility analysis is required 
if the head of an agency certifies the rule will not have a significant 
economic impact on a substantial number of small entities.
    SBREFA amended the Regulatory Flexibility Act to require Federal 
agencies to provide the statement of the factual basis for certifying 
that a rule will not have a significant economic impact on a 
substantial number of small entities.
    We have examined this rule's potential effects on small entities as 
required by the Regulatory Flexibility Act, and have determined that 
this action will not have a significant economic impact on a 
substantial number of small entities. This rule delegates authority to 
States that have requested it, and those States have already changed 
their falconry regulations. This rule does not change falconers' costs 
for practicing their sport, nor does it affect businesses that provide 
equipment or supplies for falconry. Consequently, we certify that, 
because this rule will not have a significant economic effect on a 
substantial number of small entities, a regulatory flexibility analysis 
is not required.
    This rule is not a major rule under the SBREFA (5 U.S.C. 804(2)). 
It will not have a significant economic impact on a substantial number 
of small entities.
    a. This rule does not have an annual effect on the economy of $100 
million or more. There are no costs to permittees or any other part of 
the economy associated with this regulations change.
    b. This rule will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions. The practice of falconry does not 
significantly affect costs or prices in any sector of the economy.
    c. This rule will not have significant adverse effects on 
competition, employment, investment, productivity, innovation, or the 
ability of U.S.-based enterprises to compete with foreign-based 
enterprises. Falconry is an endeavor of private individuals. Neither

[[Page 81141]]

regulation nor practice of falconry significantly affects business 
activities.

Unfunded Mandates Reform Act

    In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501 
et seq.), we have determined the following:
    a. This rule will not ``significantly or uniquely'' affect small 
governments in a negative way. A small government agency plan is not 
required. The eight States affected by this rule applied for the 
authority to issue permits for the practice of falconry.
    b. This rule will not produce a Federal mandate of $100 million or 
greater in any year; i.e., it is not a ``significant regulatory 
action'' under the Unfunded Mandates Reform Act.

Takings

    In accordance with E.O. 12630, the rule does not have significant 
takings implications. A takings implication assessment is not required. 
This rule does not contain a provision for taking of private property.

Federalism

    This rule does not have sufficient Federalism effects to warrant 
preparation of a Federalism assessment under E.O. 13132. The States 
being delegated authority to issue permits to conduct falconry have 
requested that authority. No significant economic impacts are expected 
to result from the State regulation of falconry.

Civil Justice Reform

    In accordance with E.O. 12988, the Office of the Solicitor has 
determined that the rule does not unduly burden the judicial system and 
meets the requirements of sections 3(a) and 3(b)(2) of the Order.

Paperwork Reduction Act

    We examined this rule under the Paperwork Reduction Act of 1995. 
OMB has approved the information collection requirements of the 
Migratory Bird Permits Program and assigned OMB control number 1018-
0022, which expires November 30, 2013. This regulation change does not 
add to the approved information collection. Information from the 
collection is used to document take of raptors from the wild for use in 
falconry and to document transfers of raptors held for falconry between 
permittees. A Federal 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.

National Environmental Policy Act

    We evaluated the environmental impacts of the changes to these 
regulations, and determined that this rule does not have any 
environmental impacts. Within the spirit and intent of the Council on 
Environmental Quality's regulations for implementing the National 
Environmental Policy Act (NEPA), and other statutes, orders, and 
policies that protect fish and wildlife resources, we determined that 
these regulatory changes do not have a significant effect on the human 
environment.
    Under the guidance in Appendix 1 of the Department of the Interior 
Manual at 516 DM 2, we conclude that the regulatory changes are 
categorically excluded because they ``have no or minor potential 
environmental impact'' (516 DM 2, Appendix 1A(1)). No more 
comprehensive NEPA analysis of the regulations change is required.

Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal 
Governments'' (59 FR 22951), Executive Order 13175, and 512 DM 2, we 
have evaluated potential effects on Federally recognized Indian Tribes 
and have determined that this rule will not interfere with Tribes' 
ability to manage themselves or their funds or to regulate falconry on 
Tribal lands.

Energy Supply, Distribution, or Use

    E.O. 13211 requires agencies to prepare Statements of Energy 
Effects when undertaking certain actions. Because this rule only 
affects the practice of falconry in the United States, it is not a 
significant regulatory action under E.O. 12866, and will not 
significantly affect energy supplies, distribution, or use. Therefore, 
this action is not a significant energy action and no Statement of 
Energy Effects is required.

Environmental Consequences of the Action

    Socioeconomic. This action will not have discernible socioeconomic 
impacts.
    Raptor populations. This rule will not change the effects of 
falconry on raptor populations. We have reviewed and approved the State 
regulations.
    Endangered and threatened species. This rule does not change 
protections for endangered and threatened species.

Compliance With Endangered Species Act Requirements

    Section 7 of the Endangered Species Act (ESA) of 1973, as amended 
(16 U.S.C. 1531 et seq.), requires that ``The Secretary [of the 
Interior] shall review other programs administered by him and utilize 
such programs in furtherance of the purposes of this chapter'' (16 
U.S.C. 1536(a)(1)). It further states that the Secretary must ``insure 
that any action authorized, funded, or carried out * * * is not likely 
to jeopardize the continued existence of any endangered species or 
threatened species or result in the destruction or adverse modification 
of [critical] habitat'' (16 U.S.C. 1536(a)(2)). Delegating falconry 
permitting authority to States with approved programs will not affect 
threatened or endangered species or their habitats in the United 
States.

List of Subjects in 50 CFR Part 21

    Exports, Hunting, Imports, Reporting and recordkeeping 
requirements, Transportation, Wildlife.

0
For the reasons stated in the preamble, we amend subpart C of part 21, 
subchapter B of chapter I, title 50 of the Code of Federal Regulations, 
as follows:

PART 21--MIGRATORY BIRD PERMITS

0
1. The authority citation for part 21 continues to read as follows:

    Authority: Migratory Bird Treaty Act, 40 Stat. 755 (16 U.S.C. 
703); Pub. L. 95-616, 92 Stat. 3112 (16 U.S.C. 712(2)); Public Law 
106-108, 113 Stat. 1491, Note Following 16 U.S.C. 703.


0
2. Amend Sec.  21.29 by:
0
a. Amending paragraph (b)(10)(i) by removing the word ``or'' from the 
first column and adding in alphabetic order to the list of States the 
words ``Arkansas,'' ``Colorado,'' ``Idaho,'' ``Maine,'' ``Michigan,'' 
``Missouri,'' ``South Dakota,'' and ``or Washington,'';
0
b. Amending paragraph (b)(10)(ii) by removing the words ``Arkansas,'' 
``Colorado,'' ``Idaho,'' ``Maine,'' ``Michigan,'' ``Missouri,'' ``South 
Dakota,'' and ``Washington,'';
0
c. Redesignating paragraphs (c)(3)(i)(E) through (c)(3)(i)(I) as 
paragraphs (c)(3)(i)(F) through (c)(3)(i)(J) and adding a new paragraph 
(c)(3)(i)(E) to read as set forth below;
0
d. Amending paragraph (d)(9) by adding a paragraph heading to read as 
set forth below;
0
e. Removing the second paragraph designated as paragraph (e)(2)(i);
0
f. Removing paragraph (e)(3)(i) and redesignating paragraphs (e)(3)(ii) 
through (e)(3)(x) as paragraphs (e)(3)(i) through (e)(3)(ix); and

[[Page 81142]]

0
g. Amending paragraph (e)(6)(ii) by removing the reference 
``(e)(3)(iii)(C)'' and adding in its place ``(e)(3)(ii)(E).''


Sec.  21.29  Falconry standards and falconry permitting.

* * * * *
    (c) * * *
    (3) * * *
    (i) * * *
    (E) You may take raptors less than 1 year old, except nestlings, 
from the wild during any period or periods specified by the State, 
tribe, or territory. You may take any raptor species from the wild 
except a federally listed threatened or endangered species or the 
following species: Bald eagle (Haliaeetus leucocephalus), white-tailed 
eagle (Haliaeetus albicilla), Steller's sea-eagle (Haliaeetus 
pelagicus), golden eagle (Aquila chrysaetos), American swallow-tailed 
kite (Elanoides forficatus), Swainson's hawk (Buteo swainsoni), 
peregrine falcon (Falco peregrinus), flammulated owl (Otus flammeolus), 
elf owl (Micrathene whitneyi), and short-eared owl (Asio flammeus).
* * * * *
    (d) * * *
    (9) Inspections. * * *
* * * * *

    Dated: December 14, 2010.
Thomas L. Strickland,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2010-32243 Filed 12-23-10; 8:45 am]
BILLING CODE 4310-55-P