[Federal Register: September 27, 2006 (Volume 71, Number 187)]
[Proposed Rules]               
[Page 56443-56446]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

50 CFR Part 91


Revision of Federal Duck Stamp Contest Regulations

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.


SUMMARY: We, the Fish and Wildlife Service (Service, or we), propose to 
revise the regulations governing the annual Migratory Bird Hunting and 
Conservation Stamp Contest [also known as the Federal Duck Stamp 
Contest (contest)]. We propose a special exemption that would allow 
recent winning artists to submit entries for the 2007 contest. We also 
propose to codify our longstanding practice of limiting judges to only 
one term. We also propose to clarify in our regulations our 
longstanding practice to include artwork from the third round of 
judging in an art tour for a year; early return of the artwork to the 
artist will make the artist ineligible for the next three (3) contests. 
Finally, we propose to clean up grammatical errors in the contest 

DATES: To ensure our consideration, we must receive your comments on 
this proposal by October 27, 2006.

ADDRESSES: For information on requirements for submitting or viewing 
comments, see ``Public Comments Solicited'' under SUPPLEMENTARY 

FOR FURTHER INFORMATION CONTACT: Patricia Fisher, Chief, Federal Duck 
Stamp Office, (703) 358-2000 (phone), duckstamps@fws.gov (e-mail), or 
(703) 358-2009 (fax).

[[Page 56444]]

SUPPLEMENTARY INFORMATION: We propose to revise the regulations 
governing the annual Migratory Bird Hunting and Conservation Stamp 
Contest [also known as the Federal Duck Stamp Contest (contest)]. We 
propose a special exemption that would allow winning artists from the 
2004-06 contests to submit entries for the 2007 contest. We also 
propose to codify our longstanding practice of limiting judges to one 
term. We also propose to clarify in our regulations our longstanding 
practice to include artwork from the third round of judging in an art 
tour for a year, and make it clear that early return of the artwork to 
the artist will make the artist ineligible for the next three (3) 
contests. Finally, we propose to clean up grammatical errors in the 
contest procedures. We do not believe our proposed changes have much 
impact on the body of the regulations, because they relieve 
restrictions on the public, clarify existing and new practices, or make 
corrections. Therefore we believe 30 days will allow the public 
sufficient time to review and respond to our proposed changes. The 
public will benefit from having final regulations in place well in 
advance of our June 2007 contest opening date.


    For the history of the Federal Duck Stamp Program and the contest, 
please see our proposed rule for a previous unrelated change to the 
duck stamp regulations (April 12, 2006, 71 FR 18697).

Proposed Changes

    The regulations governing the contest are at 50 CFR part 91.

Exemption for Winning Artists

    Section 91.12 contains a 3-year prohibition against winning artists 
participating in the three successive contests. We put this rule into 
place as a way to ensure that a variety of artists can compete fairly 
and to avoid allowing a single individual to repeatedly win the 
contest. However, we want to exempt the 2007 contest from this rule, 
because the 2007 contest marks an important milestone, since it will 
choose the 75th Federal Duck Stamp. This significant event will be very 
important for all wildlife artists, and we should therefore allow 
everyone an equal chance to compete. We propose that this prohibition 
be lifted for the 2007 contest only. We further propose that this 
exemption will not be counted towards the remainder of the waiting 
period for 2004-06 winning artists. These recent winning artists must 
complete their waiting periods in full and will have to serve the 
remainder of their terms after the 2007 contest. Two examples follow.
    1. Ann wins the 2006 contest. She may enter the special 2007 
contest. Regardless of whether she wins 2007 or not, she is ineligible 
to enter in 2008, 2009, or 2010. She may enter in 2011.
    2. Bob wins the 2005 contest. He was ineligible to enter the 2006 
contest. He may enter the special 2007 contest. Regardless of whether 
he wins 2007 or not, he is ineligible to enter in 2008 or 2009, but he 
may enter in 2010.

Judges Serve for One Contest

    Section 91.21 specifies the selection and qualifications necessary 
for contest judges. One practice that has been in effect for the past 
40 years, but which is not in the regulations, is that we have limited 
judges to serve for only one contest. This practice allows more people 
to serve as judges, provides a greater range of possible judges, and 
prevents any possible collusion between judges and artists. We now 
propose to codify this longstanding existing practice into the CFR.

Contest Procedures

    Section 91.24 paragraphs (g) and (h) have typographical errors. We 
would like to correct the errors in our presentation of the possible 
numerical scores that can be awarded by judges.

Post-Contest Finalists' Tour

    Section 91.31 specifies the return of artwork after the contest has 
concluded. We would like to clarify the portion of the regulations that 
mentions the possibility of the artwork being sent on a tour to appear 
at one or more wildlife art exhibitions. Recently artists believed that 
the 120-day limit was all that had to be honored. We would like to 
clarify this requirement.
    The art tour is a chance for the public to see the finalists in the 
Federal Duck Stamp Contest. These are the entries that made it to the 
third and final round of judging. The tour travels to various locations 
across the country and allows the public to see some of the best 
examples of wildlife art. With the tour, we engage new artists to enter 
the contest and encourage the general public to purchase more stamps. 
Unfortunately, some artists have chosen to sell their pieces before or 
during the art tour and have requested to remove them from the tour. 
This lessens the quality of the paintings available for the public to 
view and is against the spirit of the tour. We would like to clarify 
that the tour lasts for 1 year after the date on which the winner is 
judged, and entries will be returned after the year is up. We also 
propose that artists who remove their artwork before the tour is 
complete will be ineligible to participate in the three successive 

Required Determinations

Regulatory Planning and Review (E.O. 12866)

    This document is not a significant rule and is not subject to 
review by the Office of Management and Budget under Executive Order 
(E.O.) 12866.
    1. This proposed rule would not have an annual effect of $100 
million or more on the economy. It would not adversely affect in a 
material way the economy, productivity, competition, jobs, the 
environment, public health or safety, or State, local, or tribal 
governments or communities.
    2. This proposed rule would not create a serious inconsistency or 
otherwise interfere with an action taken or planned by another agency. 
The rule deals solely with the Federal Duck Stamp Contest. No other 
Federal agency has any role in regulating this endeavor.
    3. This proposed rule would not alter budgetary effects or 
entitlements, grants, user fees, or loan programs or the rights or 
obligations of their recipients. There are no entitlements, grants, 
user fees, or loan programs associated with the regulation of the 
Federal Duck Stamp Contest.
    4. This proposed rule would not raise novel legal or policy issues. 
This is primarily a reorganization and clarification of existing 
regulations. New provisions proposed are in compliance with other laws, 
policies, and regulations.

Regulatory Flexibility Act

    The Department of the Interior certifies that this document would 
not have a significant economic effect on a substantial number of small 
entities under the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et 
seq.). The changes we propose are intended primarily to clarify the 
requirements for the contest. These changes would affect individuals, 
not businesses or other small entities as defined in the RFA.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This proposed rule is not major under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This proposed rule:
    1. Would not have an annual effect on the economy of $100 million 
or more.
    2. Would not cause a major increase in costs or prices for 
consumers; individual industries; Federal, State, or local government 
agencies; or geographic regions.

[[Page 56445]]

    3. Would 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

    This proposed rule would not impose an unfunded mandate on State, 
local, or tribal governments or the private sector of more than $100 
million per year. It would not have a significant or unique effect on 
State, local, or tribal governments or the private sector. A statement 
containing the information required by the Unfunded Mandates Reform Act 
(2 U.S.C. 1531 et seq.) is not required.

Takings (E.O. 12630)

    In accordance with E.O. 12630, this proposed rule would not have 
significant takings implications. A takings implication assessment is 
not required.

Federalism (E.O. 13132)

    In accordance with E.O. 13132, this proposed rule would not have 
sufficient Federalism implications to warrant the preparation of a 
Federalism Assessment. A Federalism Assessment is not required.

Civil Justice Reform (E.O. 12988)

    In accordance with E.O. 12988, the Office of the Solicitor has 
determined that this proposed rule would 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

    This proposed rule does not contain new or revised information 
collections for which Office of Management and Budget (OMB) approval is 
required under the Paperwork Reduction Act. An 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

    This proposed rule would not constitute a major Federal action 
significantly affecting the quality of the human environment. A 
detailed statement under the National Environmental Policy Act of 1969 
(42 U.S.C. 4371 et seq.) is therefore not required.

Government-to-Government Relationship With Tribes

    Under the President's memorandum of April 29, 1994, ``Government-
to-Government Relations with Native American Tribal Governments'' (59 
FR 22951), and 512 DM 2, we have evaluated possible effects on 
federally recognized Indian Tribes and have determined that there are 
no effects.

Energy Supply, Distribution or Use

    On May 18, 2001, the President issued Executive Order 13211 on 
regulations that significantly affect energy supply, distribution, and 
use. Executive Order 13211 requires agencies to prepare Statements of 
Energy Effects when undertaking certain actions. This document proposes 
to revise the current regulations in 50 CFR part 91 that govern the 
duck stamp contest. This proposed rule is not expected to significantly 
affect energy supplies, distribution, and use. Therefore, this action 
is a not a significant energy action and no Statement of Energy Effects 
is required.

Clarity of This Regulation

    E.O. 12866 requires each agency to write regulations that are easy 
to understand. We invite your comments on how to make this rule easier 
to understand, including answers to questions such as the following:
    1. Are the requirements in the rule clearly stated?
    2. Does the rule contain technical language or jargon that 
interferes with its clarity?
    3. Does the format of the rule (grouping and order of sections, use 
of headings, paragraphing, and so forth) aid or reduce its clarity?
    4. Would the rule be easier to understand if it were divided into 
more (but shorter) sections?
    5. Is the description of the rule in the SUPPLEMENTARY INFORMATION 
section of the preamble helpful toward your understanding the proposed 
rule? What else could we do to make the rule easier to understand?
    Send a copy of any comments that concern how we could make this 
rule easier to understand to: Office of Regulatory Affairs, Department 
of the Interior, Room 7229, 1849 C Street, NW., Washington, DC 20240. 
You may also e-mail the comments to this address: Exsec@ios.doi.gov.

Public Comments Solicited

    We are asking the public, other concerned governmental agencies, 
the scientific community, industry, or any other interested party to 
comment on this proposed rule so that any final action resulting from 
this proposal will be as accurate and as effective as possible. 
Comments will become part of the Administrative Record for this 
rulemaking action. You may inspect comments at the hand-delivery 
address during normal business hours.
    You may submit comments by any one of the following methods:
    1. Federal Duck Stamp Web site: http://www.fws.gov/duckstamps. 

Follow the instructions for submitting comments.
    2. E-mail: duckstamps@fws.gov.
    3. Fax: 703-358-2009 to Chief, Federal Duck Stamp Office.
    4. U.S. Mail: Chief, Federal Duck Stamp Office, U.S. Fish and 
Wildlife Service, 4401 North Fairfax Drive, Mail Stop MBSP-4070, 
Arlington, VA 22203-1622.
    5. Hand Delivery: Federal Duck Stamp Office, U.S. Fish and Wildlife 
Service, 4501 North Fairfax Drive, Room 4070, Arlington, VA.
    6. Federal eRulemaking Portal: http://www.regulations.gov. Follow 

the instructions for submitting comments.
    Please submit e-mailed or Internet comments as an ASCII file, 
avoiding the use of special characters and any form of encryption. 
Please also include ``Attn: 1018-AU94'' and your name and return U.S. 
mail address in your e-mail message. If you do not receive a 
confirmation from the system that we have received your e-mail message, 
contact us directly at (703) 358-2000.
    Our practice is to make comments, including names and home 
addresses of respondents, available for public review during regular 
business hours. Individual respondents may request that we withhold 
their home address from the rulemaking record, which we will honor to 
the extent allowable by law. There also may be circumstances in which 
we would withhold from the rulemaking record a respondent's identity, 
as allowable by law. If you wish us to withhold your name and/or 
address, you must state this prominently at the beginning of your 
comment. However, we will not consider anonymous comments. We will make 
all submissions from organizations or businesses, and from individuals 
identifying themselves as representatives or officials of organizations 
or businesses, available for public inspection in their entirety.

List of Subjects in 50 CFR Part 91

    Hunting, Wildlife.

Proposed Regulation Promulgation

    Accordingly, we propose to amend part 91, subchapter G of chapter 
I, title 50 of the Code of Federal Regulations, as set forth below:


    1. The authority citation for part 91 continues to read as follows:

[[Page 56446]]

    Authority: 5 U.S.C. 301; 16 U.S.C. 718j; 31 U.S.C. 9701.

    2. Revise Sec.  91.12 to read as follows:

Sec.  91.12  Contest eligibility.

    (a) U.S. citizens, nationals, or resident aliens are eligible to 
participate in the contest.
    (b) Any person who has won the contest during the preceding 3 years 
will be ineligible to submit an entry in the current year's contest. 
For the 75th contest (2007) only, any artist, even those who won the 
2005 and 2006 contests, may enter. However, 2005 and 2006 winners must 
still fulfill their 3-year ineligibility terms after the 2007 contest. 
The 2007 contest will not be counted toward fulfilling ineligibility 
terms of 2005 or 2006 winners.
    (c) All entrants must be at least 18 years of age by the contest 
opening date (see Sec.  91.11) to participate in the contest.
    (d) Contest judges and their relatives are ineligible to submit an 
    (e) All entrants must submit a nonrefundable fee of $125.00 by 
cashier's check, certified check, or money order made payable to U.S. 
Fish and Wildlife Service. Personal checks will not be accepted.
    (f) All entrants must submit a signed Reproduction Rights Agreement 
and a signed Display and Participation Agreement.
    3. Add a new paragraph (d) to Sec.  91.21 to read as follows:

Sec.  91.21  Selection and qualification of contest judges.

* * * * *
    (d) Term: Judges serve for the period of one contest only. No 
former judge will be eligible to serve in any successive contests.
    4. Revise Sec.  91.24 paragraph (g) and paragraph (h) to read as 

Sec.  91.24  Contest procedures.

* * * * *
    (g) In the second round of judging, each entry selected in the 
first round, plus the additional entries selected by judges per 
paragraph (d) of this section, will be shown one at a time to the 
judges by the Contest Coordinator or by a contest staff member. Each 
judge will vote by indicating a numerical score of one (1), two (2), 
three (3), four (4), or five (5) for each entry. The scores will be 
totaled to provide each entry's score. The five entries receiving the 
five highest scores will be advanced to the third round of judging.
    (h) In the third round of judging, the judges will vote on the 
remaining entries using the same method as in round two, except that 
they will indicate a numerical score of three (3), four (4), or five 
(5) for each entry. The Contest Coordinator will tabulate the final 
votes and present them to the Director, U.S. Fish and Wildlife Service, 
who will announce the winning entry as well as the entries that placed 
second and third.
* * * * *
    5. Revise Sec.  91.31 to read as follows:

Sec.  91.31  Return of entries after contest.

    (a) All entries will be returned by certified mail to the 
participating artists within 120 days after the contest, unless the 
artwork is selected to appear at one or more wildlife art expositions. 
If artwork is returned to the Service because it is undelivered or 
unclaimed (this may happen if an artist changes address), the Service 
will not be obligated to trace the location of the artist to return the 
artwork. Any artist who changes his or her address is responsible for 
notifying the Service of the change. All unclaimed entries will be 
destroyed 1 year after the date of the contest.
    (b) Artists in the third round of judging will be chosen to appear 
in a national art tour that will last 1 year. The artwork will be 
returned to the artists after that period in accordance with the signed 
participation agreement.
    (c) An artist may choose to remove his or her artwork from the 
tour, but will forfeit contest eligibility for three (3) successive 

    Dated: September 19, 2006.
David M. Verhey,
Acting Assistant Secretary for Fish and Wildlife and Parks.
 [FR Doc. E6-15839 Filed 9-26-06; 8:45 am]