Migratory Bird Hunting; Final Frameworks for Migratory Bird Hunting Regulations, 21480-21481 [2016-08326]

Download as PDF 21480 Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Rules and Regulations jstallworth on DSK7TPTVN1PROD with RULES are programmatic benefits to revising the due date and making conforming changes to the deadline for submission in subsequent review periods. Revision to the Access Monitoring Review Plan Timeframe: Based on concerns raised by commenters, in this final rule we are revising the deadline for submission effective date of the initial access monitoring review plan timeframe provision at § 447.203(b)(5) introductory text until October 1, 2016. A conforming change will also be made to the deadline for submission in subsequent review periods at § 447.203(b)(5)(i) to October 1. III. Waiver of Proposed Rulemaking and Delayed Effective Date Under section 553(b) of the Administrative Procedure Act (APA), the agency is required to publish a notice of the proposed rule in the Federal Register before the provisions of a rule take effect. Similarly, section 1871(b)(1) of the Act requires the Secretary to provide for notice of the proposed rule in the Federal Register and provide a period of not less than 60 days for public comment. In addition, section 553(d) of the APA, and section 1871(e)(1)(B)(i) of the Act mandate a 30day delay in effective date after issuance or publication of a rule. Sections 553(b)(B) and 553(d)(3) of the APA provide for exceptions from the APA notice and comment, and delay in effective date requirements; similarly, sections 1871(b)(2)(C) and 1871(e)(1)(B)(ii) of the Act provide exceptions from the notice and comment, and delay in effective date requirements of the Act. Section 553(b)(B) of the APA and section 1871(b)(2)(C) of the Act authorize an agency to dispense with normal notice and comment rulemaking procedures for good cause if the agency makes a finding that the notice and comment process is impracticable, unnecessary, or contrary to the public interest; and includes a statement of the finding and the reasons for it in the notice. In addition, both section 553(d)(3) of the APA and section 1871(e)(1)(B)(ii) of the Act allow the agency to avoid the 30day delay in effective date where such delay is contrary to the public interest and the agency includes in the rule a statement of the finding and the reasons for it. Because the deadlines for submission of access monitoring review plans are rules of procedure, the notice and comment requirements of 5 U.S.C. 553 do not apply to this delay of the submission date. See 5 U.S.C. 553(b)(3)(A). To the extent that section 553 applies in these circumstances VerDate Sep<11>2014 15:11 Apr 11, 2016 Jkt 238001 however, CMS finds that the action comes within the provision’s good cause exceptions because obtaining additional public comment is impracticable, unnecessary, and contrary to the public interest. See 5 U.S.C. 553(b)(3)(B). Given the imminence of the submission date, and the need for states to plan and allocate resources in advance, seeking public comment and having a delayed effective date for this short delay in the deadline for submission of access monitoring review plans is impracticable. And, because we provided an opportunity for public comment on issues that included the submission deadlines, further opportunity is not necessary. Moreover, we believe that delay of the submission deadlines would further the public interest in orderly implementation of regulatory requirements, and in ensuring development of viable access monitoring review plans in light of assertions by commenters that compliance with the original submission deadlines might be infeasible or disruptive. IV. Collection of Information Requirements The November 2, 2015 final rule with comment period stipulated that states must develop and submit (to CMS) their initial access monitoring review plan by July 1, 2016. We are now extending the submission deadline to October 1, 2016. Similarly, we are revising the deadline for subsequent review periods from July 1 to October 1. Otherwise, this final rule does not impose any new or revised information collection requirements or burden. The November 2, 2015, information collection requirements and burden are approved by OMB under control number 0938–1134 (CMS– 10391). V. Regulatory Impact Statement In the November 2, 2015 final rule with comment period, we discussed the impact of the access monitoring review plan requirements on states. We do not believe this delay of the deadline for submission of the access monitoring review plans will change any of the discussion in the impact statement of the November 2, 2015 final rule with comment period. In accordance with the provisions of Executive Order 12866, this regulation was reviewed by the Office of Management and Budget. List of Subjects in 42 CFR Part 447 Accounting, Administrative practice and procedure, Drugs, Grant programshealth, Health facilities, Health professions, Medicaid, Reporting and PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 recordkeeping requirements, Rural areas. For the reasons set forth in the preamble, the Centers for Medicare & Medicaid Services amends 42 CFR chapter IV as set forth below: PART 447—PAYMENTS FOR SERVICES 1. The authority citation for part 447 continues to read as follows: ■ Authority: Sec. 1102 of the Social Security Act (42 U.S.C. 1302). § 447.203 [Amended] 2. Section 447.203 is amended by: a. In paragraph (b)(5) introductory text, removing the date ‘‘July 1, 2016’’ and adding in its place the date ‘‘October 1, 2016’’. ■ b. In paragraph (b)(5)(i), removing all instances of the date ‘‘July 1’’ and adding in their place the date ‘‘October 1’’. ■ ■ Dated: March 11, 2016. Andrew M. Slavitt, Acting Administrator, Centers for Medicare & Medicaid Services. Dated: April 6, 2016. Sylvia M. Burwell, Secretary, Department of Health and Human Services. [FR Doc. 2016–08368 Filed 4–8–16; 4:15 pm] BILLING CODE 4120–01–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 20 [Docket No. FWS–HQ–MB–2015–0034; FF09M21200–167–FXMB1231099BPP0] RIN 1018–BA70 Migratory Bird Hunting; Final Frameworks for Migratory Bird Hunting Regulations Fish and Wildlife Service, Interior. ACTION: Final rule; correction. AGENCY: We, the U.S. Fish and Wildlife Service, published a final rule in the Federal Register on March 28, 2016, that prescribes final frameworks from which States may select season dates, limits, and other options for the 2016–17 migratory bird hunting seasons. In that rule, we made an error in the daily bag limit for canvasbacks in Alaska. We intended to increase the daily bag limit for canvasbacks in Alaska, as we did for the rest of the United States, to 2 birds. We also SUMMARY: E:\FR\FM\12APR1.SGM 12APR1 Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Rules and Regulations jstallworth on DSK7TPTVN1PROD with RULES included an incorrect description for the Special Early Canada Goose Unit in South Dakota. With this document, we correct our errors. DATES: This correction is effective April 12, 2016. FOR FURTHER INFORMATION CONTACT: Ron W. Kokel, (703) 358–1714. SUPPLEMENTARY INFORMATION: In a final rule that published in the Federal Register on March 28, 2016, at 81 FR 17302, the following corrections are made: Final Regulations Frameworks for 2016–17 Hunting Seasons on Certain Migratory Game Birds [Corrected] 1. On page 17317, in the second column, under the heading ‘‘Alaska’’ and the subheading ‘‘Daily Bag and Possession Limits,’’ the third sentence under ‘‘Ducks:’’ is amended by removing the words ‘‘1 canvasback’’’ and adding in their place the words ‘‘2 canvasbacks’’. 2. On page 17330, in the first column, under the heading ‘‘South Dakota’’ and the subheading ‘‘Early Canada Goose Seasons,’’ remove the entire paragraph beginning with the words ‘‘Special Early Canada Goose Unit:’’ and add in its place the following paragraph: ‘‘Special Early Canada Goose Unit: The Counties of Campbell, Marshall, Roberts, Day, Clark, Codington, Grant, Hamlin, Deuel, Walworth; that portion of Perkins County west of State Highway 75 and south of State Highway 20; that portion of Dewey County north of Bureau of Indian Affairs Road 8, Bureau of Indian Affairs Road 9, and the section of U.S. Highway 212 east of the Bureau of Indian Affairs Road 8 junction; that portion of Potter County east of U.S. Highway 83; that portion of Sully County east of U.S. Highway 83; portions of Hyde, Buffalo, Brule, and Charles Mix counties north and east of a line beginning at the Hughes-Hyde County line on State Highway 34, east to Lees Boulevard, southeast to State Highway 34, east 7 miles to 350th Avenue, south to Interstate 90 on 350th Avenue, south and east on State Highway 50 to Geddes, east on 285th Street to U.S. Highway 281, and north on U.S. Highway 281 to the Charles Mix-Douglas County boundary; that portion of Bon Homme County north of State Highway 50; those portions of Yankton and Clay Counties north of a line beginning at the junction of State Highway 50 and 306th Street/County Highway 585 in Bon Homme County, east to U.S. Highway 81, then north on U.S. Highway 81 to 303rd Street, then east on 303rd Street to 444th Avenue, then south on 444th Avenue to 305th VerDate Sep<11>2014 15:11 Apr 11, 2016 Jkt 238001 Street, then east on 305th Street/Bluff Road to State Highway 19, then south to State Highway 50 and east to the Clay/ Union County Line; McPherson, Edmunds, Kingsbury, Brookings, Lake, Moody, Miner, Faulk, Hand, Jerauld, Douglas, Hutchinson, Turner, Aurora, Beadle, Davison, Hanson, Sanborn, Spink, Brown, Harding, Butte, Lawrence, Meade, Oglala Lakota (formerly Shannon), Jackson, Mellette, Todd, Jones, Haakon, Corson, Ziebach, and McCook Counties; and those portions of Minnehaha and Lincoln counties outside of an area bounded by a line beginning at the junction of the South Dakota-Minnesota State line and Minnehaha County Highway 122 (254th Street) west to its junction with Minnehaha County Highway 149 (464th Avenue), south on Minnehaha County Highway 149 (464th Avenue) to Hartford, then south on Minnehaha County Highway 151 (463rd Avenue) to State Highway 42, east on State Highway 42 to State Highway 17, south on State Highway 17 to its junction with Lincoln County Highway 116 (Klondike Road), and east on Lincoln County Highway 116 (Klondike Road) to the South Dakota-Iowa State line, then north along the South Dakota-Iowa and South Dakota-Minnesota border to the junction of the South Dakota-Minnesota State line and Minnehaha County Highway 122 (254th Street).’’ Dated: April 6, 2016. Tina A. Campbell, Chief, Division of Policy, Performance, and Management Programs, U.S. Fish and Wildlife Service. [FR Doc. 2016–08326 Filed 4–11–16; 8:45 am] BILLING CODE 4310–55–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 150121066–5717–02] RIN 0648–XE539 Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure of Angling category southern area trophy fishery. AGENCY: NMFS closes the southern area Angling category fishery for large medium and giant (‘‘trophy’’ (i.e., SUMMARY: PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 21481 measuring 73 inches curved fork length or greater)) Atlantic bluefin tuna (BFT). This action is being taken to prevent any further overharvest of the Angling category southern area trophy BFT subquota. DATES: Effective 11:30 p.m., local time, April 10, 2016, through December 31, 2016. FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin or Brad McHale, 978–281–9260. SUPPLEMENTARY INFORMATION: Regulations implemented under the authority of the Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.) and the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act; 16 U.S.C. 1801 et seq.) governing the harvest of BFT by persons and vessels subject to U.S. jurisdiction are found at 50 CFR part 635. Section 635.27 subdivides the U.S. BFT quota recommended by the International Commission for the Conservation of Atlantic Tunas (ICCAT) among the various domestic fishing categories, per the allocations established in the 2006 Consolidated Atlantic Highly Migratory Species Fishery Management Plan (2006 Consolidated HMS FMP) (71 FR 58058, October 2, 2006), as amended by Amendment 7 to the 2006 Consolidated HMS FMP (Amendment 7) (79 FR 71510, December 2, 2014), and in accordance with implementing regulations. NMFS is required, under § 635.28(a)(1), to file a closure notice with the Office of the Federal Register for publication when a BFT quota is reached or is projected to be reached. On and after the effective date and time of such notification, for the remainder of the fishing year or for a specified period as indicated in the notification, retaining, possessing, or landing BFT under that quota category is prohibited until the opening of the subsequent quota period or until such date as specified in the notice. Angling Category Large Medium and Giant Southern ‘‘Trophy’’ Fishery Closure The 2016 BFT fishing year, which is managed on a calendar-year basis and subject to an annual calendar-year quota, began January 1, 2016. The Angling category season opened January 1, 2016, and continues through December 31, 2016. The currently codified Angling category quota is 195.2 mt, of which 4.5 mt is allocated for the harvest of large medium and giant (trophy) BFT from the regulatory area by vessels fishing under the Angling E:\FR\FM\12APR1.SGM 12APR1

Agencies

[Federal Register Volume 81, Number 70 (Tuesday, April 12, 2016)]
[Rules and Regulations]
[Pages 21480-21481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08326]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

[Docket No. FWS-HQ-MB-2015-0034; FF09M21200-167-FXMB1231099BPP0]
RIN 1018-BA70


Migratory Bird Hunting; Final Frameworks for Migratory Bird 
Hunting Regulations

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule; correction.

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SUMMARY: We, the U.S. Fish and Wildlife Service, published a final rule 
in the Federal Register on March 28, 2016, that prescribes final 
frameworks from which States may select season dates, limits, and other 
options for the 2016-17 migratory bird hunting seasons. In that rule, 
we made an error in the daily bag limit for canvasbacks in Alaska. We 
intended to increase the daily bag limit for canvasbacks in Alaska, as 
we did for the rest of the United States, to 2 birds. We also

[[Page 21481]]

included an incorrect description for the Special Early Canada Goose 
Unit in South Dakota. With this document, we correct our errors.

DATES: This correction is effective April 12, 2016.

FOR FURTHER INFORMATION CONTACT: Ron W. Kokel, (703) 358-1714.

SUPPLEMENTARY INFORMATION: In a final rule that published in the 
Federal Register on March 28, 2016, at 81 FR 17302, the following 
corrections are made:

Final Regulations Frameworks for 2016-17 Hunting Seasons on Certain 
Migratory Game Birds [Corrected]

    1. On page 17317, in the second column, under the heading 
``Alaska'' and the subheading ``Daily Bag and Possession Limits,'' the 
third sentence under ``Ducks:'' is amended by removing the words ``1 
canvasback''' and adding in their place the words ``2 canvasbacks''.
    2. On page 17330, in the first column, under the heading ``South 
Dakota'' and the subheading ``Early Canada Goose Seasons,'' remove the 
entire paragraph beginning with the words ``Special Early Canada Goose 
Unit:'' and add in its place the following paragraph: ``Special Early 
Canada Goose Unit: The Counties of Campbell, Marshall, Roberts, Day, 
Clark, Codington, Grant, Hamlin, Deuel, Walworth; that portion of 
Perkins County west of State Highway 75 and south of State Highway 20; 
that portion of Dewey County north of Bureau of Indian Affairs Road 8, 
Bureau of Indian Affairs Road 9, and the section of U.S. Highway 212 
east of the Bureau of Indian Affairs Road 8 junction; that portion of 
Potter County east of U.S. Highway 83; that portion of Sully County 
east of U.S. Highway 83; portions of Hyde, Buffalo, Brule, and Charles 
Mix counties north and east of a line beginning at the Hughes-Hyde 
County line on State Highway 34, east to Lees Boulevard, southeast to 
State Highway 34, east 7 miles to 350th Avenue, south to Interstate 90 
on 350th Avenue, south and east on State Highway 50 to Geddes, east on 
285th Street to U.S. Highway 281, and north on U.S. Highway 281 to the 
Charles Mix-Douglas County boundary; that portion of Bon Homme County 
north of State Highway 50; those portions of Yankton and Clay Counties 
north of a line beginning at the junction of State Highway 50 and 306th 
Street/County Highway 585 in Bon Homme County, east to U.S. Highway 81, 
then north on U.S. Highway 81 to 303rd Street, then east on 303rd 
Street to 444th Avenue, then south on 444th Avenue to 305th Street, 
then east on 305th Street/Bluff Road to State Highway 19, then south to 
State Highway 50 and east to the Clay/Union County Line; McPherson, 
Edmunds, Kingsbury, Brookings, Lake, Moody, Miner, Faulk, Hand, 
Jerauld, Douglas, Hutchinson, Turner, Aurora, Beadle, Davison, Hanson, 
Sanborn, Spink, Brown, Harding, Butte, Lawrence, Meade, Oglala Lakota 
(formerly Shannon), Jackson, Mellette, Todd, Jones, Haakon, Corson, 
Ziebach, and McCook Counties; and those portions of Minnehaha and 
Lincoln counties outside of an area bounded by a line beginning at the 
junction of the South Dakota-Minnesota State line and Minnehaha County 
Highway 122 (254th Street) west to its junction with Minnehaha County 
Highway 149 (464th Avenue), south on Minnehaha County Highway 149 
(464th Avenue) to Hartford, then south on Minnehaha County Highway 151 
(463rd Avenue) to State Highway 42, east on State Highway 42 to State 
Highway 17, south on State Highway 17 to its junction with Lincoln 
County Highway 116 (Klondike Road), and east on Lincoln County Highway 
116 (Klondike Road) to the South Dakota-Iowa State line, then north 
along the South Dakota-Iowa and South Dakota-Minnesota border to the 
junction of the South Dakota-Minnesota State line and Minnehaha County 
Highway 122 (254th Street).''

    Dated: April 6, 2016.
Tina A. Campbell,
Chief, Division of Policy, Performance, and Management Programs, U.S. 
Fish and Wildlife Service.
[FR Doc. 2016-08326 Filed 4-11-16; 8:45 am]
 BILLING CODE 4310-55-P