[Federal Register: February 12, 2007 (Volume 72, Number 28)]
[Rules and Regulations]               
[Page 6487-6489]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]

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Fish and Wildlife Service

50 CFR Part 91


Revision of Migratory Bird Hunting and Conservation Stamp Contest 

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.


SUMMARY: We, the Fish and Wildlife Service (Service, or we), revise the 
regulations governing the annual Migratory Bird Hunting and 
Conservation Stamp Contest [also known as the Federal Duck Stamp 
Contest (contest)]. We now provide a special exemption that allows 
recent winning artists to submit entries for the 2007 contest only. We 
also clarify in our regulations our longstanding practice to include 
artwork from the third round of judging in an art tour for 1 year; 
early return of the artwork to the artist will make the artist 
ineligible for the next three contests. Finally, we correct minor 
grammatical errors in the contest procedures.

DATES: This rule is effective on March 14, 2007.

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).

SUPPLEMENTARY INFORMATION: On September 27, 2006, we published in the 
Federal Register (71 FR 56443) a proposed rule to amend the regulations 
governing the annual Migratory Bird Hunting and Conservation Stamp 
Contest [also known as the Federal Duck Stamp Contest (contest)]. In 
brief, this rule adopts those proposed changes in full, as described 

Changes to the Regulations at 50 CFR Part 91

    We are making all the changes detailed in our proposed rule 
(September 27, 2006, 71 FR 56443). The changes affect the regulations 
governing the contest in the Code of Federal Regulations (CFR) at 50 
CFR 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 are exempting 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 is very 
important for all wildlife artists, and we therefore allow everyone an 
equal chance to compete. We lift this prohibition for the 2007 contest 
only. We further clarify 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 3-year 
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.

Contest Procedures

    Section 91.24 paragraphs (g) and (h) have typographical errors. We 
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 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 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 clarify that the tour 
lasts for 1 year after the date on which the winner is judged, and 
entries will be returned after that year. We also codify that artists 
who remove their artwork before the tour is complete will be ineligible 
to participate in the next three contests.


    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).

Comments on and Change From the Proposed Rule

    We received comments on the proposed rule regarding the section 
addressing the number of times a Judge may serve. The Federal Duck 
Stamp Office will reconsider that section and if warranted, include 
changes in future rules.

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 rule will not have an annual effect of $100 million or more 
on the economy. It will 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 
    2. This rule will not create a serious inconsistency or otherwise 
interfere with an action taken or planned by another agency. The rule 
deals solely with the contest. No other Federal agency has any role in 
regulating this endeavor.
    3. This rule does 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 contest.
    4. This rule does not raise novel legal or policy issues. This rule 
is primarily a reorganization and clarification of existing 
regulations. New provisions proposed in the rule are in compliance with 
other laws, policies, and regulations.

Regulatory Flexibility Act

    The Department of the Interior certifies that this document will 
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 are intended primarily to clarify the requirements 
for the contest.

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In addition, these changes do not affect the information collected. 
These changes will affect individuals, not businesses or other small 
entities as defined in the RFA.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule:
    1. Does not have an annual effect on the economy of $100 million or 
    2. Does not cause a major increase in costs or prices for 
consumers; individual industries; Federal, State, or local government 
agencies; or geographic regions.
    3. 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

    This rule does not impose an unfunded mandate on State, local, or 
tribal governments or the private sector of more than $100 million per 
year. The rule does 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 rule does not have significant 
takings implications. A takings implication assessment is not required.

Federalism (E.O. 13132)

    In accordance with E.O. 13132, this rule does 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 rule does not unduly burden the judicial system 
and that it meets the requirements of sections 3(a) and 3(b)(2) of the 

Paperwork Reduction Act

    This rule does not contain new or revised information collections 
for which Office of Management and Budget 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 rule does 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 E.O. 13211 on 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 rule revises the current regulations 
in 50 CFR part 91 that govern the contest. This 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.

List of Subjects in 50 CFR Part 91

    Hunting, Wildlife.

Regulation Promulgation

Accordingly, we amend part 91, subchapter G of chapter I, title 50 of 
the Code of Federal Regulations, as follows:


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

    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 
is ineligible to submit an entry in the current year's contest. For the 
75th contest (2007) only, any artist, even those who won the 2004, 
2005, and 2006 contests may enter. However, 2004, 2005, and 2006 
winners must still fulfill their 3-year ineligibility terms after the 
2007 contest. The 2007 contest will not count toward fulfilling 
ineligibility terms of 2004, 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. In Sec.  91.24, revise paragraphs (g) and (h) to read as follows:

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.
* * * * *

4. 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

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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 successive 

    Dated: January 31, 2007.
David Verhey,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. E7-2219 Filed 2-9-07; 8:45 am]