Migratory Bird Permits; Abatement Regulations, 67650-67651 [2011-28376]

Download as PDF mstockstill on DSK4VPTVN1PROD with PROPOSALS 67650 Federal Register / Vol. 76, No. 212 / Wednesday, November 2, 2011 / Proposed Rules conformity Web site: https://www.epa. gov/otaq/stateresources/transconf/ index.htm, (once there, click on ‘‘Adequacy Review of SIP Submissions). The budgets that Pennsylvania submitted were calculated using the MOBILE6.2 motor vehicle emissions model. EPA is proposing to approve the inventory and the conformity budgets calculated using this model because this model was the most current model available at the time Pennsylvania was performing its analysis. Separate from today’s proposal, EPA has issued an updated motor vehicle emissions model known as the Motor Vehicle Emission Simulator or MOVES. In its announcement of this model, EPA established a grace period for continued use of MOBILE6.2 in transportation conformity determinations for transportation plans and TIPs, after which states and MPOs (other than California) must use MOVES for transportation plan and TIP conformity determinations. This grace period will expire in March 2012 (or March 2013 once the extension becomes official). Additional information on the use of MOVES in SIPs and conformity determinations can be found in the December 2009, ‘‘Policy Guidance on the Use of MOVES2010 for State Implementation Plan Development, Transportation Conformity, and Other Purposes.’’ This guidance document is available at: https://www.epa.gov/otaq/ models/moves/420b09046.pdf. During the conformity grace period, the state and MPO(s) should use the interagency consultation process to examine how MOVES2010a will impact their future transportation plan and TIP conformity determinations, including regional emissions analyses. For example, an increase in emission estimates due to the use of MOVES2010a may affect an area’s ability to demonstrate conformity for its transportation plan and/or TIP. Therefore, state and local planners should carefully consider whether the SIP and motor vehicle emissions budget(s) should be revised with MOVES2010a or if transportation plans and TIPs should be revised before the end of the conformity grace period, since doing so may be necessary to ensure conformity determinations in the future. We would expect that states and MPOs would work closely with EPA and the local FHWA and FTA offices to determine an appropriate course of action to address this type of situation if it is expected to occur. If Pennsylvania chooses to revise its PM2.5 attainment plan, it should consult Question 7 of the December 2009, ‘‘Policy Guidance on the Use of VerDate Mar<15>2010 17:10 Nov 01, 2011 Jkt 226001 MOVES2010 for State Implementation Plan Development, Transportation Conformity, and Other Purposes,’’ for information on requirements related to such revisions. V. Proposed Action EPA is proposing to approve the 1997 annual PM2.5 NAAQS attainment plan for the Pennsylvania portion of the Philadelphia area that was submitted on April 12, 2010. The attainment plan includes Pennsylvania’s attainment demonstration, the MVEBs used for transportation conformity purposes, an analysis of RACM/RACT, a base year emissions inventory, and contingency measures. EPA has determined that the SIP revision meets the applicable requirements of the CAA, as described in the PM2.5 Implementation Rule. Specifically, EPA has determined that the Pennsylvania SIP revision includes an attainment demonstration and adopted state regulations and programs needed to support a determination that the Pennsylvania portion of the Philadelphia area would have attain the 1997 annual PM2.5 NAAQS by the April 2010 deadline. EPA is soliciting public comments on the issues discussed in this document. These comments will be considered before taking final action. VI. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely proposes to approve state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this proposed rule, pertaining to the 1997 PM2.5 attainment plan for the Pennsylvania portion of the Philadelphia area, does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Nitrogen dioxide, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: October 26, 2011. W.C. Early, Acting Regional Administrator, Region III. [FR Doc. 2011–28438 Filed 11–1–11; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 21 [Docket Number FWS–R9–MB–2009–0045; 91200–1231–9BPP] RIN 1018–AW75 Migratory Bird Permits; Abatement Regulations Fish and Wildlife Service, Interior. ACTION: Advance notice of proposed rulemaking; reopening of comment period. AGENCY: E:\FR\FM\02NOP1.SGM 02NOP1 Federal Register / Vol. 76, No. 212 / Wednesday, November 2, 2011 / Proposed Rules We, the U.S. Fish and Wildlife Service, announce the reopening of the public comment period on our July 6, 2011, advance notice of proposed rulemaking in which we solicited comments and suggestions on migratory bird permit regulations for a permit to use raptors (birds of prey) in abatement activities. Abatement means the use of trained raptors to flush, scare (haze), or take birds or other wildlife to mitigate damage or other problems, including risks to human health and safety. We have permitted this activity under special purpose permits since 2007 pursuant to a migratory bird permit policy memorandum. We now intend to prepare a specific permit regulation to authorize this activity. We seek information and suggestions from the public to help us formulate any proposed regulation. We are reopening the comment period to allow all interested parties another opportunity to comment on the proposed rule. Comments previously submitted need not be resubmitted and will be fully considered in preparation of a proposed rule. DATES: Electronic comments on this proposal via regulations.gov must be submitted by midnight Eastern time on December 2, 2011. Comments submitted by mail must be postmarked no later than December 2, 2011. ADDRESSES: You may only submit comments or suggestions by the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. We will not post duplicate comments from any entity, nor will the duplicates be put into our administrative record for this issue. • U.S. mail or hand-delivery: Public Comments Processing, Attention FWS– R9–MB–2009–0045; Division of Policy and Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, MS 2042–PDM; Arlington, VA 22203–1610. We will post all comments on https://www.regulations.gov. This generally means that we will post any personal information you provide us (see the Public Comments section below for more information). FOR FURTHER INFORMATION CONTACT: George Allen at (703) 358–1825. SUPPLEMENTARY INFORMATION: mstockstill on DSK4VPTVN1PROD with PROPOSALS SUMMARY: Public Comments We request comments and suggestions on this topic from other concerned governmental agencies, the scientific community, industry, or any other interested parties. You may submit your VerDate Mar<15>2010 17:10 Nov 01, 2011 Jkt 226001 comments and materials concerning this issue by one of the methods listed in the ADDRESSES section. We will not consider comments sent by email or fax or to an address not listed in the ADDRESSES section. If you submit a comment via https:// www.regulations.gov, your entire comment—including any personal identifying information—will be posted on the Web site. If you submit a hardcopy comment that includes personal identifying information, you may request at the top of your document that we withhold this information from public review. However, we cannot guarantee that we will be able to do so. We will post all hardcopy comments on https://www.regulations.gov. Comments and materials we receive, as well as supporting documentation we use in preparing a proposed rule, will be available for public inspection at https:// www.regulations.gov, or by appointment, during normal business hours, at the U.S. Fish and Wildlife Service (contact the person listed under FOR FURTHER INFORMATION CONTACT). Background On July 6, 2011, we published in the Federal Register an advance notice of proposed rulemaking to gather information and suggestions from the public to help us formulate a proposed regulation for a specific permit authorizing the use of raptors in abatement activities (76 FR 39368). The comment period for the advance notice of proposed rulemaking was open for 90 days, ending on October 4, 2011. At a commenter’s request, we are reopening the comment period on the advance notice of proposed rulemaking for an additional 60 days (see DATES section). We specifically seek comments concerning any aspect of the use of trained MBTA-protected raptors for abatement activities and potential regulations to govern Federal permitting. We particularly solicit comments on the topics listed below. Explaining the reasons and rationale for your comments where appropriate will help as we consider them in the preparation of a proposed rule. (1) Qualifications and experience necessary to qualify for a Federal abatement permit. (2) Limits on the species that should be authorized for use in abatement activities. (3) Limits on the numbers of raptors that should be authorized for use in abatement activities. (4) Qualifications and experience of subpermittees (both those authorized to fly the permit holder’s raptors and those allowed to care for birds). PO 00000 Frm 00031 Fmt 4702 Sfmt 9990 67651 (5) Caging requirements for birds, while traveling, being transported and held in ‘‘temporary’’ caging for extended periods of time, i.e., multiple birds held in a trailer while conducting seasonal abatement activities at multiple locations. (6) The use of falconry birds held by subpermittees for abatement. (7) Any other considerations relating to subpermittees conducting abatement activities under a permit holder’s permit, including their business relationship to the permit holder. For example, should falconers located elsewhere in the United States be allowed to conduct abatement activities in their own locale as subpermittees under a permit holder’s abatement permit? Why or why not? (8) Comments on what has worked well under existing permits and what has not worked well. (9) Report information that should be required from a permit holder, if any. (10) Other conditions that should apply to these permits. (11) Examples of situations where raptors are used for abatement and information or documentation of success or lack of success in accomplishing abatement objectives. If you previously submitted comments in response to the July 6, 2011, advance notice of proposed rulemaking, do not resubmit them. They will be fully considered as we prepare a proposed rule. For more information concerning the advance notice of proposed rulemaking, please refer to that document at 76 FR 39368 (July 6, 2011). Authority: The authorities for this notice are the Migratory Bird Treaty Act, 40 Stat. 755 (16 U.S.C. 703–712); Public Law 95–616, 92 Stat. 3112 (16 U.S.C. 712(2)); Public Law 106–108, 113 Stat. 1491, and Note Following 16 U.S.C. 703. Dated: October 21, 2011. Rachel Jacobson, Acting Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2011–28376 Filed 11–1–11; 8:45 a.m.] BILLING CODE 4310–55–P E:\FR\FM\02NOP1.SGM 02NOP1

Agencies

[Federal Register Volume 76, Number 212 (Wednesday, November 2, 2011)]
[Proposed Rules]
[Pages 67650-67651]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28376]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 21

[Docket Number FWS-R9-MB-2009-0045; 91200-1231-9BPP]
RIN 1018-AW75


Migratory Bird Permits; Abatement Regulations

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Advance notice of proposed rulemaking; reopening of comment 
period.

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[[Page 67651]]

SUMMARY: We, the U.S. Fish and Wildlife Service, announce the reopening 
of the public comment period on our July 6, 2011, advance notice of 
proposed rulemaking in which we solicited comments and suggestions on 
migratory bird permit regulations for a permit to use raptors (birds of 
prey) in abatement activities. Abatement means the use of trained 
raptors to flush, scare (haze), or take birds or other wildlife to 
mitigate damage or other problems, including risks to human health and 
safety. We have permitted this activity under special purpose permits 
since 2007 pursuant to a migratory bird permit policy memorandum. We 
now intend to prepare a specific permit regulation to authorize this 
activity. We seek information and suggestions from the public to help 
us formulate any proposed regulation.
    We are reopening the comment period to allow all interested parties 
another opportunity to comment on the proposed rule. Comments 
previously submitted need not be resubmitted and will be fully 
considered in preparation of a proposed rule.

DATES: Electronic comments on this proposal via regulations.gov must be 
submitted by midnight Eastern time on December 2, 2011. Comments 
submitted by mail must be postmarked no later than December 2, 2011.

ADDRESSES: You may only submit comments or suggestions by the following 
methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments. We will not post 
duplicate comments from any entity, nor will the duplicates be put into 
our administrative record for this issue.
     U.S. mail or hand-delivery: Public Comments Processing, 
Attention FWS-R9-MB-2009-0045; Division of Policy and Directives 
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, MS 
2042-PDM; Arlington, VA 22203-1610.
    We will post all comments on https://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see the Public Comments section below for more information).

FOR FURTHER INFORMATION CONTACT: George Allen at (703) 358-1825.

SUPPLEMENTARY INFORMATION:

Public Comments

    We request comments and suggestions on this topic from other 
concerned governmental agencies, the scientific community, industry, or 
any other interested parties. You may submit your comments and 
materials concerning this issue by one of the methods listed in the 
ADDRESSES section. We will not consider comments sent by email or fax 
or to an address not listed in the ADDRESSES section.
    If you submit a comment via https://www.regulations.gov, your entire 
comment--including any personal identifying information--will be posted 
on the Web site. If you submit a hardcopy comment that includes 
personal identifying information, you may request at the top of your 
document that we withhold this information from public review. However, 
we cannot guarantee that we will be able to do so. We will post all 
hardcopy comments on https://www.regulations.gov.
    Comments and materials we receive, as well as supporting 
documentation we use in preparing a proposed rule, will be available 
for public inspection at https://www.regulations.gov, or by appointment, 
during normal business hours, at the U.S. Fish and Wildlife Service 
(contact the person listed under FOR FURTHER INFORMATION CONTACT).

Background

    On July 6, 2011, we published in the Federal Register an advance 
notice of proposed rulemaking to gather information and suggestions 
from the public to help us formulate a proposed regulation for a 
specific permit authorizing the use of raptors in abatement activities 
(76 FR 39368). The comment period for the advance notice of proposed 
rulemaking was open for 90 days, ending on October 4, 2011. At a 
commenter's request, we are reopening the comment period on the advance 
notice of proposed rulemaking for an additional 60 days (see DATES 
section). We specifically seek comments concerning any aspect of the 
use of trained MBTA-protected raptors for abatement activities and 
potential regulations to govern Federal permitting. We particularly 
solicit comments on the topics listed below. Explaining the reasons and 
rationale for your comments where appropriate will help as we consider 
them in the preparation of a proposed rule.
    (1) Qualifications and experience necessary to qualify for a 
Federal abatement permit.
    (2) Limits on the species that should be authorized for use in 
abatement activities.
    (3) Limits on the numbers of raptors that should be authorized for 
use in abatement activities.
    (4) Qualifications and experience of subpermittees (both those 
authorized to fly the permit holder's raptors and those allowed to care 
for birds).
    (5) Caging requirements for birds, while traveling, being 
transported and held in ``temporary'' caging for extended periods of 
time, i.e., multiple birds held in a trailer while conducting seasonal 
abatement activities at multiple locations.
    (6) The use of falconry birds held by subpermittees for abatement.
    (7) Any other considerations relating to subpermittees conducting 
abatement activities under a permit holder's permit, including their 
business relationship to the permit holder. For example, should 
falconers located elsewhere in the United States be allowed to conduct 
abatement activities in their own locale as subpermittees under a 
permit holder's abatement permit? Why or why not?
    (8) Comments on what has worked well under existing permits and 
what has not worked well.
    (9) Report information that should be required from a permit 
holder, if any.
    (10) Other conditions that should apply to these permits.
    (11) Examples of situations where raptors are used for abatement 
and information or documentation of success or lack of success in 
accomplishing abatement objectives.
    If you previously submitted comments in response to the July 6, 
2011, advance notice of proposed rulemaking, do not resubmit them. They 
will be fully considered as we prepare a proposed rule. For more 
information concerning the advance notice of proposed rulemaking, 
please refer to that document at 76 FR 39368 (July 6, 2011).

    Authority: The authorities for this notice are the Migratory 
Bird Treaty Act, 40 Stat. 755 (16 U.S.C. 703-712); Public Law 95-
616, 92 Stat. 3112 (16 U.S.C. 712(2)); Public Law 106-108, 113 Stat. 
1491, and Note Following 16 U.S.C. 703.

    Dated: October 21, 2011.
Rachel Jacobson,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2011-28376 Filed 11-1-11; 8:45 a.m.]
BILLING CODE 4310-55-P

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