[Federal Register: July 21, 2008 (Volume 73, Number 140)]
[Rules and Regulations]
[Page 42279-42281]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21jy08-10]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 13

RIN 1018-AV63


Migratory Bird Permits; Addresses for Applications for Eagle and
Migratory Bird Permit Applications

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: We correct omissions in our list of addresses the public can
use to submit permit applications to conduct activities with migratory
birds or with bald eagles or golden eagles.

DATES: This rule is effective on July 21, 2008.

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

SUPPLEMENTARY INFORMATION:

Background

    We are the Federal agency delegated the primary responsibility for
managing migratory birds, as authorized by the Migratory Bird Treaty
Act (MBTA) (16 U.S.C. 703 et seq.), which implements conventions with
Great Britain (for Canada), Mexico, Japan, and the Soviet Union
(Russia).
    We correct omissions of States, territories, and possessions in 50
CFR 13.11(b)(5), in which we have listed addresses for the public to
use to submit permit applications to conduct activities with migratory
birds or with bald eagles or golden eagles.
    Section 553 of the Administrative Procedure Act, 5 U.S.C.
553(b)(B), provides that, when an agency for good cause finds that
notice and public procedure are impracticable, unnecessary, or contrary
to the public interest, an agency may issue a rule without providing
notice and an opportunity for public comment. We have determined that
there is good cause for making today's rule final without prior
proposal and opportunity for comment because we are merely making
administrative corrections to omissions in the lists of States,
territories, and possessions we include in our regulations with our
addresses for the public to use to request or submit permit
applications for activities with bald or golden eagles or migratory
birds. Further, it is in the public's best interest to have access to
these corrected lists as soon as possible. Thus, notice and public
procedure are unnecessary. We find that this constitutes good cause
under 5 U.S.C. 553(b)(B). Moreover, since today's action does not
create any new regulatory requirements, we find that good cause exists
to provide for an immediate effective date pursuant to 5 U.S.C.
553(d)(3).

Required Determinations

Regulatory Planning and Review

    In accordance with the criteria in E.O. 12866, this rule is not a
significant regulatory action. The Office of Management and Budget
makes the final determination of significance under E.O. 12866.
    a. This rule does not have an annual economic effect of $100
million or more, or adversely affect an economic sector, productivity,
jobs, the environment, or other units of government. A cost-benefit and
economic analysis thus is not required. There are no costs associated
with this rule.
    b. This rule does not create inconsistencies with other agencies'
actions. The rule deals solely with governance of migratory bird
permitting in the United States. No other Federal agency has any role
in regulating activities with migratory birds.
    c. This rule does not materially affect entitlements, grants, user
fees, loan programs, or the rights and obligations of their recipients.
There are no entitlements, grants, user fees, or loan programs
associated with the regulation of migratory birds.
    d. This rule does not raise novel legal or policy issues. The
regulations change is in compliance with other laws, policies, and
regulations.

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 (i.e.,

[[Page 42280]]

small businesses, small organizations, and small government
jurisdictions). However, no regulatory flexibility analysis is required
if the head of an agency certifies the rule does 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 does 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 does not have a
significant economic impact on a substantial number of small entities,
because the changes simplify/clarify application addresses for the
public.
    There are no costs associated with this regulations change.
Consequently, we certify that because this rule does 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 SBREFA (5 U.S.C. 804(2)). It
does not have a significant 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.
    b. This rule does not cause a major increase in costs or prices for
consumers; individual industries; Federal, State, or local government
agencies; or geographic regions.
    c. This rule does 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.

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 does not ``significantly or uniquely'' affect small
governments. A small government agency plan is not required. This rule
does not affect small government activities in any significant way.
    b. This rule does 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 because it does not contain a provision for taking
of private property. Therefore, a takings implication assessment is not
required.

Federalism

    This rule does not have sufficient Federalism effects to warrant
preparation of a Federalism assessment under E.O. 13132. It does not
interfere with the States' ability to manage their programs or their
funds. No significant economic impacts will result from correcting the
listings of Migratory Bird Permits offices and the areas for which they
are responsible.

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
that it meets the requirements of sections 3(a) and 3(b)(2) of the
Order.

Paperwork Reduction Act

    We examined these regulations under the Paperwork Reduction Act (44
U.S.C. 3501 et seq.). There are no new information collection
requirements associated with this rule. We may not collect or sponsor,
nor is a person required to respond to a collection of information
unless it displays a currently valid Office of Management and Budget
control number.

National Environmental Policy Act

    We have analyzed this rule in accordance with the National
Environmental Policy Act (NEPA), 42 U.S.C. 432-437(f), and Part 516 of
the U.S. Department of the Interior Manual (516 DM). This regulations
change correcting the listing of States, territories, and possessions
does not have any environmental impact.

Environmental Consequences of the Action

    Socioeconomic. This rule does not have any socioeconomic impacts.
    Migratory bird populations. This rule does not affect migratory
bird populations.
    Endangered and threatened species. The regulation is
administrative, and does not affect threatened or endangered species or
critical habitats.

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)). The regulations
change does not affect listed species in any way.

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), E.O. 13175, and 512 DM 2, we have
determined that there are no potential effects of this rule on
Federally recognized Indian Tribes. This rule does not interfere with
the Tribes' ability to manage themselves or their funds, or to regulate
migratory bird activities on Tribal lands.

Energy Supply, Distribution, or Use (E.O. 13211)

    On May 18, 2001, the President issued E.O. 13211 addressing
regulations that significantly affect energy supply, distribution, and
use. E.O. 13211 requires agencies to prepare Statements of Energy
Effects when undertaking certain actions. This regulations change is
not a significant regulatory action under E.O. 12866, and does not
affect energy supplies, distribution, or use. Therefore, this action is
not a significant energy action and no Statement of Energy Effects is
required.

Author

    The author of this rulemaking is Dr. George T. Allen, U.S. Fish and
Wildlife Service, Division of Migratory Bird Management, 4401 North
Fairfax Drive, Mail Stop 4107, Arlington, VA 22203-1610.

List of Subjects in 50 CFR Part 13

    Administrative practice and procedure, Exports, Fish, Imports,
Plants, Reporting and recordkeeping requirements, Transportation,
Wildlife.

0
For the reasons stated in the preamble, we amend part 13 of subchapter
B, chapter I, title 50 of the Code of Federal Regulations, as follows.

PART 13--GENERAL PERMIT PROCEDURES

0
1. The authority for Part 13 continues to read as follows:

    Authority: 16 U.S.C. 668a, 704, 712, 742j-l, 1374(g), 1382,
1538(d), 1539, 1540(f), 3374, 4901-4916; 18 U.S.C. 42; 19 U.S.C.
1202; 31 U.S.C. 9701.


[[Page 42281]]



0
2. Amend Sec.  13.11(b)(5) by revising the entries for Region 1 and
Region 4 to read as follows:
* * * * *
    (b) * * *
    (5) * * *

Region 1 (CA, HI, ID, NV, OR, WA, American Samoa, Guam, Commonwealth of
the Northern Mariana Islands, and other Pacific possessions): U.S. Fish
and Wildlife Service, Migratory Bird Permit Office, 911 N.E. 11th
Avenue, Portland, OR 97232-4181.
* * * * *
Region 4 (AL, AR, FL, GA, KY, LA, MS, NC, SC, TN, PR, VI, and Caribbean
possessions): U.S. Fish and Wildlife Service, Migratory Bird Permit
Office, P.O. Box 49208, Atlanta, GA 30359.
* * * * *

    Dated: July 2, 2008.
David M. Verhey,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. E8-16526 Filed 7-18-08; 8:45 am]

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